|
In addition,Customer shall provide Spectrum with floor space, rack space,other space,wiring(except if wiring is to be provided
<br /> by Spectrum as set forth below), and clean power all as is reasonably necessary for the installation, operation, and delivery of
<br /> Spectrum Equipment and Services at the Service Location(s). Notwithstanding the foregoing, any wiring that Spectrum installs
<br /> between the point of entry into the building at the Service Location to the applicable network interface device("NID")is referred
<br /> to herein as "Demarc Wiring." Any wiring from the NID to the terminating equipment at the Service Location (e.g., cameras,
<br /> WiFi access points, phones, etc.) is referred to herein as"Inside Wiring." Spectrum will install Demarc Wiring as necessary in
<br /> connection with installation of the Service. Additionally, Spectrum offers a wiring installation service related to certain Services,
<br /> whereby Spectrum will install Inside Wiring if selected by Customer and Customer enters a Service Order for such installation.
<br /> With regard to both Demarc Wiring and Inside Wiring that Spectrum installs, such wiring is considered part of the Spectrum
<br /> Equipment.
<br /> Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses whatsoever in
<br /> connection with Customer's provision of space, power, inside wiring, or access as described herein, or otherwise in connection
<br /> with Customer's performance of its obligations pursuant to this section; and any such fees or expenses charged by any other
<br /> end user accessing or using the Services ("End User")shall be borne solely by Customer. Any failure or refusal by Customer
<br /> to be ready to receive Services shall not release Customer from its obligation to pay Service Charges (defined below) for any
<br /> Services that would otherwise be available for Customer's use.
<br /> (d) Installation. Spectrum will schedule one or more installation visits with Customer. At Customer's request, Spectrum
<br /> may perform installation or maintenance on weekends or times other than during normal business hours; provided, however,
<br /> Customer may be assessed reasonable, additional Service Charges based on Spectrum's actual incurred labor, material or
<br /> other costs for such non-routine installation or maintenance. Customer's authorized representative must be present during
<br /> installation.
<br /> If Spectrum is unable to install the Service as a result of (i) Customer's (or any End User's) failure to deliver any required
<br /> materials,support or information to Spectrum;(ii)Customer's(or any End User's)failure to provide access to a Service Location;
<br /> (III)Spectrum's inability to obtain access to equipment at the Service Location as necessary for installation of the Service,or(iv)
<br /> Customer's Equipment (as defined herein) being inadequate to interconnect with the Services, then Customer shall pay
<br /> Spectrum a Service Charge at Spectrum's then prevailing rates for any installation trip made by Spectrum and an additional
<br /> Service Charge for each subsequent trip necessary to perform the Service installation. In addition, if Spectrum's installation of
<br /> the Service is delayed as a result of Customer's actions or inactions as set forth above or if Customer is otherwise refusing or
<br /> not ready to receive Services,then Spectrum will notify Customer that Spectrum is ready to finalize installation of the Services
<br /> (the"Ready Notice")and may begin invoicing Service Charges as set forth in Section 7 upon the earlier of the Billing Start Date
<br /> or sixty(60)days after the date of the Ready Notice,
<br /> Customer shall perform interconnection of the Services and Spectrum Equipment with any Customer- provided or End User
<br /> equipment(collectively,"Customer Equipment"),unless otherwise set forth in a Service Attachment or agreed in writing between
<br /> the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment
<br /> and software,to the technical specifications for the Service provided by Spectrum.
<br /> (e) Spectrum shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from
<br /> excavation and for those damages directly caused by Spectrum's faulty workmanship or installation of the Service,provided that
<br /> the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be
<br /> deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service
<br /> Locations is or becomes, in Spectrum's sole opinion,hazardous or dangerous to Spectrum's employees or Network,the public,
<br /> or property, including without limitation due to the presence of asbestos or other hazardous materials, Spectrum may refuse to
<br /> install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service
<br /> Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by Spectrum
<br /> II! arising from any such hazardous or dangerous conditions,
<br /> (f) Service Order Revisions and Cancellations. If, either before or after a Service Order is executed,or during the course
<br /> of this Service Agreement,Spectrum determines that: (i)there is a lack of available service,facilities, or other items as detailed
<br /> in Section 4, or the criteria outlined in Section 5 are not met; (ii)additional work is necessary to enable Spectrum to deliver the
<br /> Services to the Service Location; (iii)access, transmission medium, equipment, adequate transmission capacity,services from
<br /> or interconnection with the services or facilities of other providers, would require an additional cost or are unavailable; (iv)
<br /> Customer's inside wiring is causing signal leakage which violates the Federal Communications Commission's guidelines;or(v)
<br /> there is any other cause beyond Spectrum's control that causes an adverse effect on Spectrum's ability to provide the Service,
<br /> then Spectrum may, at Spectrum's sole discretion, either decline to accept or cancel a Service Order. Alternatively, Spectrum
<br /> will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or Service Order.
<br /> If Spectrum notifies Customer that additional Service Charges will apply and if Customer does not agree to pay such Service
<br /> Charges by executing a revised Service Order within five(5)business days of receiving the same,Customer and Spectrum shall
<br /> each have the right to cancel the applicable Service at the applicable Service Location or,if no Service Order has been executed,
<br /> Enterprise Terms of Service v 240607 CONFIDENTIAL Page 4 of 15
<br /> ©2016-2024 Charter Communications,all rights reserved
<br />'i
<br />
|