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INSURANCL ON FILE A-2025-029
<br /> WORK MAY PROCEED
<br /> UNTIL INSURANCE EXPIRES
<br /> 3
<br /> CITY CLERK
<br /> DATE: APR Z 9 2025
<br /> COMMERCIAL TERMS OF SERVICE
<br /> o; IT(0)
<br /> F ,)These Terms of Service include all Service Attachments(defined below),any applicable Service Level Agreements,and all other
<br /> M I documents identified hereunder,each of which are incorporated herein by reference. The Service Attachments further describe
<br /> Spectrum's services (each a "Service" and collectively the "Services") and set forth additional terms and conditions for the
<br /> applicable Service. Spectrum and Customer may each be referred to herein as a"Party"and collectively as the"Parties."
<br /> GENERAL
<br /> 1. SERVICE AGREEMENT TERM. The Service Agreement shall be effective upon the latest date of the signatures of
<br /> the Parties(the"Effective Date"). The Service Agreement shall remain in effect for forty-eight(48)months from the Effective
<br /> Date (the "Term"). The Term may be extended up to three(3)times for terms of twelve (12) months by agreement of
<br /> both parties in writing. Either Party shall notify the other Party of Its desire not to renew this Service Agreement by
<br /> giving sixty(60)days prior written notice to the other party before the expiration of the then current Agreement Term.
<br /> 2. SERVICES. Customer shall request Services hereunder by submitting Service Orders in a manner required by
<br /> Spectrum. All submitted Service Orders are subject to approval and acceptance by Spectrum.Upon Spectrum's acceptance of
<br /> a Service Order, as indicated by: (a) Spectrum's written acceptance, (b) Spectrum's delivery of the Services, or (c)
<br /> commencement of installation, such Service Order shall be deemed incorporated into the Service Agreement. Spectrum shall
<br /> provide 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
<br /> respects and available for use(the"Billing Start Date")and continuing for the period of time specified in the Service Order(s). If
<br /> no Initial Order Term is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date.
<br /> Upon expiration of the Initial Order Term,the applicable Service Order shall automatically renew for successive one-month terms
<br /> (each a"Renewal Order Term', collectively with the Initial Order Term, the"Order Term"), unless either Spectrum or Customer
<br /> elects to not renew the Service Order by notice provided to the other at least thirty(30)days in advance of the expiration of the
<br /> then-current Order Term. For the purposes of clarification, each Parry's rights and obligations under this Service
<br /> Agreement shall continue until the expiration or termination of any Order Term set forth in any Service Order under the
<br /> Service Agreement.
<br /> 4. AVAILABILITY OF FACILITIES. Customer understands that certain Services,or certain features,may not be available
<br /> in all Spectrum service areas, may change from time to time and Spectrum may decline to provide any requested Services.
<br /> Spectrum's ability to provide Services depends upon its ability to secure and retain,without additional expense,suitable facilities,
<br /> third-party connections,and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve
<br /> the Service Location. If Spectrum is unable to secure and retain such items in accordance with the foregoing, Spectrum may
<br /> decline to accept or cancel a Service Order upon notice to Customer in accordance with Section 5(f). Spectrum may act as
<br /> Customer's agent for ordering access connection facilities provided by other providers or entities when authorized by Customer
<br /> to allow connection of a Service Location to the Network.
<br /> S. SERVICE LOCATION ACCESS AND INSTALLATION.
<br /> (a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary
<br /> for Spectrum to provide the Services and to review, install, inspect, maintain, repair, or remove any Spectrum-provided cabling,
<br /> wiring,modems, related splitters, routers or other equipment("Spectrum Equipment")used to provide the Services. If Customer
<br /> owns or controls the Service Location(s), Customer hereby grants Spectrum permission to enter the Service Location(s)in order
<br /> for Spectrum to fulfill its obligations and exercise its rights under the Service Agreement. If a Service Location is not owned or
<br /> controlled by Customer, Customer will obtain,with Spectrum's reasonable assistance, appropriate right of access. If such right
<br /> of access for Spectrum is not obtained by either Party,then Spectrum may decline Customer's request for Services,or terminate
<br /> or amend the affected Service Order with respect to the Service Location that Spectrum cannot access, without any liability to
<br /> Customer.
<br /> (b) Installation Review. Spectrum may perform,either before or after acceptance of a Service Order,an installation review
<br /> (including a review of Customer's inside wiring) of each proposed Service Location prior to installation of the Services to
<br /> determine the serviceability of such network location and/or the need to extend Spectrum's facilities,fiber optic cable,electronics,
<br /> or other equipment(collectively,the"Network')to provide the Services at the Service Location.
<br /> (c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s)for delivery and
<br /> installation of Spectrum Equipment and the installation and ongoing provision of Services,including the relocation of Customer's
<br /> equipment, furniture, and furnishings as necessary to access the Spectrum Equipment or Services.
<br /> Enterprise Terms of Service v 240607 CONFIDENTIAL Page 3 of 15
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