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Spectrum Enterprise v.180530 CONFIDENTIAL Page 2 of 26
<br />©2016-18 Charter Communications. All Rights Reserved.
<br />COMMERCIAL TERMS OF SERVICE
<br />These Terms of Service include all Attachments hereto (“Attachment(s)”), and all, and other documents identified hereunder, each of which
<br />are incorporated herein by reference. The Attachments further describe Spectrum’s services (each a “Service” or collectively the “Services”)
<br />and set forth additional terms and conditions for the applicable Service. Spectrum and Customer may each be referred to as a “Party” or
<br />collectively as the “Parties.” Unless specifically set forth in any Attachment, capitalized terms shall have the meanings set forth in this Service
<br />Agreement.
<br />GENERAL
<br />1. SERVICE AGREEMENT TERM. The Service Agreement shall be effective upon the earlier to occur of (a) the latest date of the
<br />signatures of the Parties; or (b) Spectrum’s commencement of performance (the “Effective Date”). The Service Agreement shall remain
<br />in effect for twenty-four months after the Effective Date, unless terminated in accordance with this Service Agreement (the
<br />“Term”).After termination of the Term, Service will continue in effect for any active Service Orders under the terms and
<br />conditions of this Service Agreement, until expiration or termination of such Service Order.
<br />2. SERVICES. Customer shall request Services hereunder by submitting orders in a manner required by Spectrum. Upon Spectrum’s
<br />acceptance of a Service Order, as indicated either by: (a) Spectrum’s written acceptance, (b) by Spectrum’s delivery of the Services, or
<br />(c) commencement of installation, such Service Order shall be deemed incorporated into the Service Agreement. Spectrum shall provide
<br />the Services to Customer at the Service address(es) specified in the applicable Service Order (“Service Location(s)”).
<br />3. ORDER TERM. The “Initial Order Term” is the time period starting on the date the Services are functional in all material respects and
<br />available for use (the “Billing Start Date”), and continuing for the period of time specified in the Service Order(s). If no Initial Order Term
<br />is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date. Upon expiration of the Initial
<br />Order Term, the applicable Service Order shall renew for successive one-month terms (each a “Renewal Order Term”, collectively with
<br />the Initial Order Term, the “Order Term”), unless either Spectrum or Customer elects to terminate the Service Order by providing notice
<br />to the other at least thirty (30) days in advance of the expiration of the then-current Order Term.
<br />4. AVAILABILITY OF FACILITIES. Customer understands that certain Services may not be available in all Spectrum service areas and
<br />Spectrum may decline to provide any requested Services. Spectrum’s ability to provide Services depends upon its ability to secure and
<br />retain, without unreasonable expense, suitable facilities, and rights to construct and maintain necessary facilities such as pole
<br />attachments and conduits to serve the Service Location. Spectrum may decline to accept or terminate a Service Order upon notice to
<br />Customer because of (a) the lack of transmission medium, transmission capacity or any other facilities or equipment, (b) the lack of
<br />available services from or interconnection with the services or facilities of other providers, or (c) any other cause beyond Spectrum’s
<br />control.
<br />5. SERVICE LOCATION ACCESS AND INSTALLATION.
<br />(a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary for Spectrum to
<br />provide the Services and to review, install, inspect, maintain, repair, or remove any Spectrum-provided cabling, modems, related splitters,
<br />routers or other equipment (“Spectrum Equipment”) used to provide the Services. If Customer owns or controls the Service Location(s),
<br />Customer hereby grants Spectrum permission to enter the Service Location(s) in order for Spectrum to fulfill its obligations and exercise
<br />its rights under the Service Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with
<br />Spectrum's reasonable assistance, appropriate right of access. If such right of access for Spectrum is not obtained by either Party, then
<br />Spectrum may decline Customer’s request for Services, or terminate or amend the affected Service Order with respect to the Service
<br />Location that Spectrum cannot access, without any liability to Customer.
<br />(b) Installation Review. Spectrum may perform an installation review of each Service Location prior to installation of the Services to
<br />determine serviceability or the need to extend Spectrum’s facilities, fiber optic cable, electronics, or other equipment (collectively, the
<br />“Network”) to provide the Services at the Service Location. If during the installation review, Spectrum determines that additional work is
<br />required to enable Spectrum to deliver the Services to the Service Location, Spectrum will notify Customer of any additional Service
<br />Charges (as defined below) in excess of the amounts previously specified in a quote or Service Order. Upon request, Customer shall
<br />provide Spectrum with accurate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility
<br />service maps, prior to the installation review.
<br />(c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of
<br />Spectrum Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture
<br />and furnishings as necessary to access the Spectrum Equipment or Services. In addition, Customer shall provide Spectrum with floor
<br />space, rack space, other space and clean power as is reasonably necessary for the installation and operation of Spectrum Equipment
<br />at the Service Location(s). Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses
<br />whatsoever in connection with Customer’s provision of space, power, or access as described herein, or otherwise in connection with
<br />Customer’s performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user
<br />accessing or using the Services (“End User”) shall be borne solely by Customer. Any failure or refusal by Customer to be ready to
<br />receive Services does not release Customer from its obligation to pay Service Charges for any Service that is otherwise available for
<br />Customer’s use.
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<br />DocuSign Envelope ID: 7298C647-357F-4210-9C30-5CB0E645E4A1DocuSign Envelope ID: 1FAA0AF4-3445-4898-A26A-1F70B9FC5DD8
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