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25B - AGMT - INTERNET SRVS
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25B - AGMT - INTERNET SRVS
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Last modified
11/25/2015 3:26:29 PM
Creation date
11/25/2015 2:34:30 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25B
Date
12/1/2015
Destruction Year
2020
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operation of TWC Equipment at the Customer locations identified in a Service Order. Customer shall not charge TWC, <br />and shall ensure that TWC does not incur, any fees or expenses whatsoever in connection with Customer's provision of <br />space, power or access as described in these Terms and Conditions, or otherwise in connection with Customer's <br />performance of its obligations pursuant to this Section 3; and any such fees or expenses charged by a Customer End <br />User shall be home solely by Customer. <br />3.2 Provided that Customer properly performs all necessary site preparation and provides TWC with all required <br />consents, TWC shall use commercially reasonable efforts to install the Service in accordance with the requested <br />Service start date indicated on a Service Order. TWC shall provide Customer with a completion notice ( "Completion <br />Notice ") upon completion of the installation of a Service. In the event that TWC is unable to install the Service in <br />accordance with the agreed upon schedule as a result of (a) Customer's (or its End User's) failure to deliver any <br />required materials, support or information to TWC; or (b) TWC not being able to obtain access to equipment or <br />software at the installation location as necessary for installation of the Service, then Customer shall pay TWC the <br />standard installation fee as identified on the applicable Attachment hereto for any installation trip made by TWC and <br />an additional installation fee for each subsequent trip necessitated to perform the Service installation. Customer shall <br />perform interconnection of the Services and TWC Equipment with Customer's or an End User's equipment, unless <br />otherwise set forth in an Attachment or agreed in writing between the Parties. <br />4.0 SUPPORT & MAINTENANCE <br />TWC shall use commercially reasonable efforts to maintain the TWC - provided and installed equipment, including as <br />applicable, any cabling, cable modems, related splitters, routers or other items (collectively, "TWC Equipment "), on <br />TWC's side of the demarcation points used by TWC to provide the Service. Equipment and services on Customer's side <br />of the demarcation points, as well as any other Customer - provided equipment, are the responsibility of Customer. TWC <br />shall provide a telephone number and email address for inquiries and remote problem support for the Service. All such <br />Customer support shall be provided only to Customer's designated personnel, as mutually agreed upon by TWC and <br />Customer. Customer is responsible for all communications and interfaces with its End Users, In no event shall TWC be <br />responsible for providing support for any network, equipment or software not provided and installed by TWC or for <br />issues or problems beyond its control. Notwithstanding anything to the contrary in the foregoing, TWC shall use <br />commercially reasonable efforts to restore any cable cuts on the TWC network and shall keep Customer reasonably <br />advised of such restoration progress. Customer shall provide routine operational Service support for TWC Equipment <br />and Service components collocated at C4ustomer's or an End User's facility, including without limitation by performing <br />reboots, as requested by TWC. <br />5.0 CUSTOMER OBLIGATIONS <br />5.1 Customer's use of the Service (including all content transmitted via the Service) shall comply with all applicable <br />laws and regulations and the terms of the Master Agreement, Customer shall not resell or redistribute (whether for a <br />fee or otherwise) the Service, or any portion thereof, or make any use of the Service other than for Customer's internal <br />business purposes, mmless otherwise agreed in writing by TWC. Customer shall ensure that its End Users' use of the <br />Service, if any, shall comply with all applicable laws and regulations and terms of the Master Agreement, TWC may <br />audit Customer's use of the Service remotely or otherwise, to ensure Customer's compliance with the Master <br />Agreement. <br />25B -11 <br />
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