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2020-804-E IT-Charter Communications Spectrum 308 W Franklin street install
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2020-804-E IT-Charter Communications Spectrum 308 W Franklin street install
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Spectrum Enterprise v.180530 CONFIDENTIAL Page 13 of 26 <br />©2016-18 Charter Communications. All Rights Reserved. <br />5. Service Inspection. Customer shall permit Spectrum reasonable access to the Service Locations to inspect the Service Location at <br />periodic intervals as needed to ascertain, among other things, the number of television outlets receiving the TV Service, verify the <br />estimated viewing occupancy, or . If any Spectrum inspection reveals that Customer's usage of the TV Service exceeds Customer's <br />rights under the Service Agreement or Service Order and without abrogating or otherwise affecting Spectrum’s right to consider such <br />activity a breach of the Service Agreement, Customer shall pay Spectrum an amount equal to one and a half times the MRCs that <br />would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either <br />discontinue any excess usage or thereafter continue to pay the applicable MRCs for such additional usage or Spectrum may, in its <br />discretion, suspend or disconnect a TV Service . <br /> <br />6. Noninterference. Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of <br />the TV Service, which are transmitted over any of the channels provided hereunder without the prior written consent of Spectrum. <br />Under no circumstances shall Customer have any right to encode, alter, reformat, delete or otherwise modify the TV Service, including <br />without limitation delivery method and any programming contained within the TV Service, without the express written consent of <br />Spectrum. The limitations of this paragraph shall not apply to formatting of programming for Enterprise TV Service as agreed by <br />Spectrum and Customer. <br />7. Charges. Notwithstanding anything to the contrary in the Service Agreement, the MRCs set forth in a Service Order for TV Service: <br />(i) do not include applicable taxes, regulatory fees, franchise fees or public access fees; and (ii) are subject to change in accordance <br />with commercial rate increases applied to commercial customers. <br />Customer’s use of the Enterprise TV Service is subject to the following additional terms and conditions: <br />8. End User Support. Customer shall provide all first level contact and support to its authorized users relating to the Network, Spectrum <br />Equipment, Connections, Customer-provided equipment, and Enterprise TV Service. In the event of any disruption, failure, or <br />degradation of the Enterprise TV Service lasting for twenty-four (24) consecutive hours or more, Customer shall use all reasonable <br />efforts to diagnose the cause of the Enterprise TV Service impacting event. If the Enterprise TV Service impacting event is reasonably <br />determined to be caused by the signal delivered by Spectrum, Customer shall contact the designated Spectrum technical support <br />contact for resolution. <br />9. Set Back Box. Customer’s use of the Set Back Box Product (“SBB”) available as part of the Enterprise TV Service (the “SBB <br />Offering”) is subject to the following additional terms and conditions: <br />A. Notwithstanding Section 2 above, Spectrum shall install and program all Connections for the SBB Offering. Customer shall <br />ensure the availability of Connections that are compatible with the SBB Offering including, without limitation, the provision <br />and use of appropriate tuners and Connections having HDTV compatibility. <br />B. If Customer desires for the front desk portal and the TV user interface associated with the SBB Offering to be co-branded <br />(with Spectrum’s and Customer’s brands), then Customer shall provide Spectrum Enterprise a copy of Customer’s logo in <br />accordance with Spectrum’s technical specifications and hereby grants Spectrum a right and license to use such logo for <br />purposes of such co-branding. <br />10. SpectrumU Service. SpectrumU is an online video service accessible via an Internet browser or through a mobile device application <br />(the “SpectrumU TV App”) that permits authorized users to stream video content over-the-top while connected to Customer’s Wi-Fi <br />network (the “SpectrumU Service”). <br />A. Customer is not required to purchase Internet or Wi-Fi service from Spectrum in order to purchase or use the SpectrumU <br />Service. Many factors affect the quality of service experienced by Customer and its authorized users, including without <br />limitation, the quality of the Internet and Wi-Fi service provided by Customer, events impacting the Customer’s Wi-Fi <br />network such as network service attacks, and the authorized user’s device. <br />B. Customer acknowledges that Spectrum requires Customer’s authorized users to accept separate end user license terms <br />when downloading the SpectrumU TV App. <br />C. Spectrum may require that authorized users update the SpectrumU TV App from time-to-time in order to continue to use <br />the SpectrumU Service via the SpectrumU TV App. <br />20 <br />DocuSign Envelope ID: 7298C647-357F-4210-9C30-5CB0E645E4A1DocuSign Envelope ID: 1FAA0AF4-3445-4898-A26A-1F70B9FC5DD8
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