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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
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