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<br /> 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).
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<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 /> (g) Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one
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<br /> Enterprise Terms of Service v 240607 CONFIDENTIAL Page 6 of 15
<br /> ©2016-2024 Charter Communications,all rights reserved
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