Item 17 - Agreement with TPX Communications for Telecom Services

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Terms and Conditions to the Agreement 2 v100120 without further obligation beyond the termination date, including termination charges, if any, provided Customer notifies TPx in writing of its election to so terminate the affected Service(s) for such rate increase at least five (5) business days before the effective date of the rate increase. If Customer does not notify TPx in writing of Customer’s election to terminate the affected Service(s) for increase in rates prior at least five (5) business days prior to the effective date of the rate increase, Customer will be deemed to have consented to the Revisions and to a continuation of the Service(s) subject to the Revisions. (iii) If Customer terminates Services pursuant to this Section 1(d), Customer exercising such termination right will be its sole and exclusive remedy for TPx’s failure to provide the terminated Services. (e) Expedite Fee. Under certain conditions, Customer may request that installation of Services be expedited by agreeing to pay a fee (the “Expedite Fee”). No projected date for expedited installation is guaranteed. Payment of the Expedite Fee only earns an advanced priority for installation process and installat ion is not entirely in TPx’s control. No credit or refund of the Expedite Fee will be made for delay of the installation date beyond the projected or requested date. A list of Expedite Fees is available at: www.tpx.com/rates. (f) Additional Increase in Charges. In addition to rate increases associated with Revisions as set forth above, a change in the manner in which TPx delivers Services to Customer may result in an increase in rates for those Services. Also, if a portion of the Services requires third party construction or other infrastructure, additional third party charges may apply. If TPx cannot deliver Services to Customer at the rates it has agreed to pay because of the cost of the technology used or additional third party costs required to deliver the Services, including an acceptable profit margin, TPx will notify Customer in writing before any change in the technology is used and seek Customer’s consent to a change in the rates or additional charge of the affected Service. TPx may delay the installation of any change in technology until Customer has responded to the increased rate or additional charge. If Customer does not notify TPx in writing of Customer’s refusal to consent to the increased rate within five (5) business days after receipt of notice from TPx of such increase, Customer will be deemed to have consented to the increase in rate or additional charge. If Customer objects to such increase or charge within five (5) business days, either party may terminate the affected Service on written notice without further obligation beyond the date of termination, including for termination charges. Customer’s right to terminate will be its sole and exclusive remedy for TPx’s failure to provide the terminated Services. 2. Term, Billing, and Payment (a) Agreement Effective Date. The Agreement is effective when the TAA, MSA or Service Agreement has been signed by Customer and accepted by TPx (the “Agreement Effective Date”), either by execution on behalf of TPx or by TPx commencing the Services delivery process. Thereafter, TPx will begin as soon as practicable the installation, connection and testing of the circuits and/or equipment necessary to provide the initial Services. (b) Agreement Term. The Agreement including these Terms and Conditions will expire immediately upon the expiration or termination of the last Agreement pursuant to which Services are provided under this Agreement; provided, however, that any amounts due under any related equipment addendum (each, an “Equi pment Addendum”) shall remain due and payable by Customer irrespective of any such expiration or termination. (c) Service Term. The initial term of the Services (the “Initial Service Term”) provided under each Agreement thereunder will begin the date TPx provides notice to Customer that the Services are available for its use, unless otherwise provided in the Agreement. After the Initial Service Term, unless otherwise set forth in an Agreement, the applicable Agreement will automatically renew for successive periods of one year each at the rates then in effect for Customer’s Services unless either party notifies the other in writing of non-renewal not less than ninety (90) days before the date of expiration of the then-current Service Term of non-renewal (each a “Service Renewal Term” and together with the Initial Service Term, the “Service Term”). However, the termination of Services will not occur until the later of the end of the then-current Service Term or thirty (30) days after receipt of that notification. If Customer continues to use Service(s) after such date, it will receive and pay for Service(s) under the applicable Agreement on a month-to-month basis. ENV91971328-9742-EAEE-4663-DBAC 03/11/2021 21:41 PM UTC