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15. INDEMNIFICATION.
<br /> (a) CUSTOMER INDEMNIFICATION. Unless prohibited under applicable law, Customer at its own expense, shall
<br /> indemnify, defend, and hold harmless Spectrum, its affiliates, service providers, and suppliers, and their directors, employees,
<br /> representatives, officers and agents (the "Indemnified Parties") against any and all third-party claims, liabilities, lawsuits,
<br /> damages,losses,judgments,costs,fees and expenses incurred by Indemnified Parties,including reasonable attorney and other
<br /> professional fees and court costs incurred by Indemnified Parties,to the full extent that such arise from or relate to any one or
<br /> more of the following:
<br /> i. Customer's misuse of the Services;
<br /> ii. Customer's failure to comply with any applicable law, order, rule, regulation or ordinance or this Service Agreement; or
<br /> III. Personal injury or tangible property damage caused by Customer's or its employees' or agents' negligence or willful
<br /> misconduct.
<br /> (b) SPECTRUM INDEMNIFICATION. Spectrum shall indemnify and defend the Customer, its City Council, officials,
<br /> directors, officers, agents and employees, (the"Indemnified Parties"), from and against any and all third party claims, liabilities,
<br /> lawsuits, damages losses,judgments, costs, fees and expenses, including reasonable attorneys'and other professionals'fees
<br /> and court costs„ for bodily injury,death, or tangible property damage directly caused by the negligence or willful misconduct of
<br /> Spectrum, its employees, agents, or contractors, at the Service Location(s) as a direct result from Spectrum's installation,
<br /> removal or maintenance of the Spectrum Equipment.
<br /> Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim,at the indemnified party's
<br /> cost.
<br /> 16. COMPLIANCE WITH LAWS. As between the Parties, Spectrum shall obtain and maintain at its own expense all
<br /> licenses, approvals and regulatory authority required by law with respect to Spectrum's operation and provision of the Services
<br /> as contemplated in the Service Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals
<br /> and regulatory authority required by law with respect to Customer's use of the Services as contemplated in the Service
<br /> Agreement.
<br /> Unless specified otherwise in the Service Agreement,each Party shall give all notices,pay all fees and comply with all applicable
<br /> laws, ordinances, rules and regulations relating to its performance obligations specified in the Service Agreement. The Service
<br /> Agreement is subject to all applicable federal,state, or local laws and regulations in effect in the relevant jurisdiction(s)in which
<br /> Spectrum provides the Services. If any provision of the Service Agreement contravenes or is in conflict with any such law or
<br /> regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Service Agreement. If
<br /> the relevant law or regulation applies to some but not all of the Services being provided under the Service Agreement,then such
<br /> law or regulation shall take priority over the relevant provision of the Service Agreement only for purposes of those Services to
<br /> which the law or regulation applies. Except as explicitly stated in the Service Agreement, nothing contained in the Service
<br /> Agreement shall constitute a waiver by Spectrum of any rights under applicable laws or regulations pertaining to the installation,
<br /> construction, operation, maintenance, or removal of the Services,facilities or equipment.
<br /> 17. REGULATORY CHANGES. In the event of any change in applicable law, regulation,decision, rule or order, including
<br /> without limitation any new application of or increase in any government- or quasi-government-imposed fees or charges that
<br /> increases the costs or other terms of Spectrum's delivery of Service to Customer, or, in the event of any increase in pole
<br /> attachment or conduit charges applicable to any facilities used by Spectrum in providing the Services, Customer acknowledges
<br /> and agrees that Spectrum may pass through to Customer any such increased fees or costs, but only to the extent of the actual
<br /> increase. Spectrum shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of the
<br /> increase. In such case,and if such increase materially increases the Service Charges payable by Customer under the Service
<br /> Agreement for the applicable Service, Customer may, within thirty (30)days after notification of such increase, terminate the
<br /> affected Service without an obligation to pay Termination Charges,provided Customer notifies Spectrum at least thirty(30)days
<br /> in advance of Customer's requested termination date. Further, in the event that Spectrum is required to file tariffs or rate
<br /> schedules with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory
<br /> agency rules or policies respecting the delivery of the Services or any portion thereof,then the terms set forth in the applicable
<br /> j tariff or rate schedule shall govern Spectrum's delivery of, and Customer's use or consumption of the Services. In addition, if
<br /> Spectrum determines that offering or providing the Services,or any part thereof,has become impracticable for legal or regulatory
<br /> reasons or circumstances, then Spectrum may terminate the Service Agreement and any affected Service Orders without
<br /> liability, by giving Customer thirty(30)days prior notice or any such notice as is required by law or regulation applicable to such
<br /> determination.
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<br /> 18. ARBITRATION. Intentionally Omitted.
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<br /> 19. PROPRIETARY RIGHTS AND CONFIDENTIALITY.
<br /> Enterprise Terms of Service v 240607 CONFIDENTIAL Page 10 of 15
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