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TIME WARNER CABLE BUSINESS CLASS Terms and Conditions 1.0 AGREEMENT These Time Warner Cable Business Class Terms and Conditions ( "Terms and Conditions "), and any Time Wainer Cable Business Class Service Orders (as described in Section 2.2 below) are hereby incorporated into the Time Warner Cable Business Class National Service Agreement or the Time Wanner Cable Business Class Service Agreement, as the case may be, ( "Service Agreement ") and constitute the "Master Agreement" by and between Customer and TWC (collectively, the "Parties" or each individually a "Party ") for the services specified on Service Orders ( "Services'). The attachments to these Terns and Conditions ("Attachments") further describe TWC's services and are hereby incorporated into, and made a part of, these Terms and Conditions by this reference. The Attachments set forth additional terms and conditions for the applicable Service. "TWC" means the Time Warner Cable Enterprises LLC- affiliated entity that is providing the Services. 2.0 SERVICES AND SERVICE ORDERS 2.1 Subject to the terms and conditions of the Master Agreement, TWC shall provide Customer with the Services in accordance with any Service Order entered into by the Parties. Customer understands and agrees that certain Services may not be available in all TWC service areas and that TWC, upon entering into a Service Order with Customer may, at TWC's discretion, utilize one or more of its affiliates or third parties to deliver the Services ( "Third Party Services "). The Third Party Services maybe subject to additional terms and conditions. Unless otherwise set forth, TWC shall use commercially reasonable efforts to provide the Services seven (7) days a week, twenty four (24) hours a day, excluding scheduled maintenance, required repair and events beyond TWC's reasonable control. 2.2 Customer shall request Services by issuing to TWC one or more proposed service and /or work order(s) (in the form provided or approved by TWC) or via a mutually agreed electronic order entry system. Upon TWC's acceptance of a proposed service and /or work order(s), such proposed service and /or work order(s), shall be deemed a "Service Order" hereunder and shall be, deemed incorporated into, and made a part o£, the Master Agreement by this reference. A proposed service and/or work order shall be deemed accepted upon the earlier of (a) TWC's acceptance of such proposed service and /or work order in writing; or (b) TWC's commencement of delivery of Ore Service(s) set forth in such proposed service and/or work order. 3.0 SERVICE & EQUIPMENT INSTALLATION 3.1 Customer shall obtain and maintain, or ensure that each Customer employee or branch office which uses the Service (each, an "End User"), shall obtain and maintain throughout the Term, such consents (including without limitation landlord and land owner consents) as are necessary to timely permit, and shall timely permit, TWC personnel to install, deliver, operate and maintain the Services and TWC Equipment (as defined in Section 4 below) at Customer's mud any Customer End User's facilities. Customer shall permit TWC reasonable access to the Customer and any End User facilities at any time as needed to install, configure, upgrade, maintain or remove the TWC Equipment and other Service components collocated at Customer's or an End User's facilities. Customer shall make and maintain throughout the Tern all reasonable site preparations necessary to permit the installation, maintenance and operation of the Service and any TWC Equipment as specified by TWC and that is required to provide the Services. In addition, Customer shall provide TWC with floor space, rack space, other space and clean power as is reasonably necessary for the installation and 25B -10