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with the Services that are the subject of this Service Agreement, including but not limited to applicable federal, state, and local <br />sales, use, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other <br />state or local governmental charges or regulatory fees, excluding income taxes measured on Spectrum's net income. If a <br />Customer wishes to claim tax-exempt status, then Customer must supply Spectrum with a copy of Customer's tax exemption <br />certificate or other documentation supporting Customer's certification of its entitlement to such exempt status within fifteen (15) <br />days of installation of applicable Services. If Customer supplies such documentation after that time, Spectrum will apply it to <br />Customer's account on a prospective basis, allowing Spectrum at least thirty (30) days for processing. To the extent such <br />documentation is held invalid for any reason, Customer agrees to pay or reimburse Spectrum for any tax or fee not collected or <br />liability incurred, including without limitation related interest and penalties arising from Spectrum's reliance on such invalid <br />certificate or documentation. <br />Customer hereby consents that Spectrum may disclose such written documentation, which may include a tax exemption form, <br />to any governmental authority. Tax-exempt status shall not relieve Customer of its obligation to pay applicable franchise fees <br />or other non -tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing <br />of Customer. Spectrum reserves the right, from time to time, to change the surcharges for Services under this Service <br />Agreement to reflect incurred costs, charges, or obligations imposed on Spectrum to the extent permitted, required, or otherwise <br />not prohibited under applicable law (e.g., universal service fund charges). Furthermore, Spectrum shall have the right to collect <br />or recover from Customer the amount of any federal, state, or local fees or taxes arising as a result of this Service Agreement, <br />which are imposed on Spectrum or its services, or otherwise assessed or calculated based on Spectrum's receipts from <br />Customer that Spectrum is entitled under applicable law to pass through to or otherwise charge Customer for Customer's use <br />or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer's <br />invoice. <br />To the extent that a dispute arises under this Service Agreement as to which Party is liable for fees or taxes, Customer shall <br />bear the burden of proof in showing that the fee or tax is imposed upon Spectrum's net income. This burden may be satisfied <br />by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based <br />on Spectrum's net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability <br />or regulatory classification of some of the Services Spectrum provides and, consequently, uncertainty about what fees, taxes <br />and surcharges are due to or from Spectrum or from its customers. Customer agrees that Spectrum has the right to determine, <br />in its sole discretion, what fees, taxes, and surcharges are due and to collect and remit them to the relevant governmental <br />authorities, or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding Spectrum's <br />collection or remittance of such fees, taxes, and surcharges. <br />(c) Change Requests. Any charges associated with a Service, Spectrum Equipment or Customer Equipment installations, <br />changes, or additions requested by Customer subsequent to executing a Service Order for the applicable Service Location are <br />the sole financial responsibility of Customer. Spectrum shall notify Customer of any additional OTCs and/or adjustments to <br />MRCS associated with or applicable to such Customer change requests prior to making any such change. Customer's failure to <br />accept such additional charges within five (5) business days of receiving such notice shall be deemed a rejection by Customer, <br />and Spectrum shall not be required to perform any work giving rise to such charges. For accepted charges, Customer shall be <br />assessed such additional OTCs and/or adjustments of the MRCs either (i) in advance of implementation of the change request <br />or (ii) beginning on Customer's next and/or subsequent invoice(s). <br />(d) Site Visits and Repairs. If Spectrum visits a Service Location to either inspect the Services or respond to a service <br />request, and Spectrum reasonably determines that the cause of the service issue is not due to a problem arising from the <br />Network or Spectrum Equipment, but rather is due to Customer misuse, abuse, or modification of the Services, Customer <br />Equipment or facilities, or due to similar acts by a third party not under Spectrum's control or direction, then Spectrum may <br />invoice Customer at Spectrum's then -prevailing commercial rates for an on -site visit, plus any charges for Spectrum Equipment <br />repair or replacement as a result of Customer or third -party damage that may be necessary. <br />(e) Invoicing Disputes; Late and Collection Fees. Customer must provide notice to Spectrum of any disputed charges <br />within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be <br />due. Customer must present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty <br />(30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the Service Charges per <br />month or the maximum amount permitted by law. If Services are suspended due to late payment, Spectrum may require that <br />Customer pay all past due charges, a reconnect fee, and one or more MRCs in advance before reconnecting Services. Spectrum <br />may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card chargebacks. <br />Customer shall be responsible for all expenses, including reasonable attorney's fees and collection costs, incurred by Spectrum <br />in collecting any unpaid amounts due under this Service Agreement. <br />(f) Credit Verification. Spectrum shall have the right to verify Customer's credit standing at any time. <br />W Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one <br />Enterprise Terms of Service v 240607 CONFIDENTIAL Page 6 of 15 <br />© 2016-2024 Charter Communications, all rights reserved <br />