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Spectrum has the right to decline to accept a pending Service Order <br />6. EQUIPMENT. <br />(a) Equipment Responsibilities and Safeguards. Spectrum shall use commercially reasonable efforts to maintain and <br />secure the Spectrum Equipment used by Spectrum to provide Services to Customer. Except as otherwise provided in this <br />Service Agreement or any Service Order(s), Customer shall be responsible for the maintenance or repair of any cable, <br />electronics, structures, equipment, or materials owned or provided by Customer. Customer shall not, and shall not cause any <br />third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software on the Spectrum <br />Equipment not provided by Spectrum, or otherwise tamper with or use any portion of the Spectrum Equipment without the prior <br />consent of Spectrum. Customer shall be responsible for loss or damage to the Spectrum Equipment while at Customer's or an <br />End User's facilities. Customer shall also ensure that all Spectrum Equipment at Customer's and End Users' Service Location(s) <br />remains free and clear of all liens and encumbrances. <br />(b) Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including <br />whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the <br />implementation of reasonable security measures and procedures with respect to use of and access to the Service Location, <br />Service, and Spectrum Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not <br />limited to, Private Branch Exchanges (including other non -Spectrum switches, collectively, "PBXs"), where applicable, and any <br />applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any <br />charges incurred on Customer's Service account, regardless of whether such activity or charges are authorized by Customer <br />management or involve fraudulent activity until such time as Customer informs Spectrum of any fraudulent or unauthorized <br />access. Without limiting Customer's responsibilities, Spectrum has the right to implement reasonable measures to track, <br />manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any <br />third party who accesses the Customer Equipment and the Spectrum Network, including without limitation authentication or other <br />security access procedures. Spectrum may suspend any affected Services if Spectrum discovers or becomes aware of any <br />breach or compromise of the security of any Customer Equipment, Service, Service Location, Spectrum Equipment, or <br />connection to the Spectrum Network. <br />(c) Equipment Return, Retrieval, Repair, and Replacement. Upon termination or expiration of this Service Agreement or <br />Service Order(s) ("Termination"): Customer shall immediately cease all use of and promptly return, if applicable, to Spectrum <br />any software or software services provided by Spectrum ("Software"). Additionally at the discretion and direction of Spectrum: <br />(x) Customer shall return the Spectrum Equipment to Spectrum; (y) Customer shall allow Spectrum to retrieve the Spectrum <br />Equipment, which Spectrum Equipment must be in the condition in which the Spectrum Equipment was originally received by <br />Customer, subject to ordinary wear and tear; or (z) Spectrum may choose not to recover all or certain portions of the Spectrum <br />Equipment at the Customer's Location. <br />If, upon Spectrum's request, Customer fails to return the Spectrum Equipment, or does not allow Spectrum to retrieve the <br />Spectrum Equipment within fifteen (15) days after Services are terminated, Spectrum may, at its discretion charge Customer an <br />amount equal to: (i) Spectrum's then -applicable unreturned equipment charge, or the retail cost of replacement of the unreturned <br />Spectrum Equipment; plus (ii) any and all costs and expenses incurred by Spectrum in obtaining or attempting to regain <br />possession of the Spectrum Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged <br />Spectrum Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or <br />material or workmanship defects. The proper disposition of any Spectrum Equipment that is not returned to, or recovered by, <br />Spectrum will be the sole responsibility of Customer and must be in accordance with applicable laws. The foregoing Customer <br />obligations will survive the termination of Service. <br />7. STANDARD PAYMENT TERMS. Customer shall pay recurring and non -recurring charges, taxes, and fees for the <br />Services in the amount specified on the Service Order and other applicable charges as described in this Service Agreement <br />(collectively, "Service Charges"). <br />(a) Charges. Spectrum invoices for monthly recurring charges specific to the Service(s) ("MRCs"), plus applicable taxes, <br />fees, and surcharges, in advance on a monthly basis. Spectrum invoices for non -recurring, one-time charges ("OTCs"), such <br />as construction or installation charges, after the Billing Start Date or as specified in the Service Order or as otherwise provided <br />herein. All other charges, including usage -based charges (e.g., phone usage, pay -per view charges), will be invoiced monthly <br />in arrears. Service Charges are payable within thirty (30) days after the date appearing on the invoice. If Spectrum fails to <br />present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which <br />it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment <br />terms. Spectrum shall have the right to increase MRCs for each Service after the Initial Order Term for such Service upon thirty <br />(30) days' notice to Customer. <br />(b) Taxes, Surcharges, and Fees. Customer shall pay all applicable taxes, fees, or surcharges imposed on or in connection <br />Enterprise Terms of Service v 240607 CONFIDENTIAL Page 5 of 15 <br />© 2016-2024 Charter Communications, all rights reserved <br />