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TWC Equipment indicating TWC (or its suppliers) ownership or serial numbers
<br />9.2 Customer shall maintain in confidence, and not to disclose to third parties or use, except for such use as is
<br />expressly permitted, in the Master Agreement, the TWC Materials and any other information and materials provided by
<br />TWC in connection with the Master Agreement, that are identified or marked as confidential or are otherwise
<br />reasonably understood to be confidential, including but not limited to the content of the Master Agreement.
<br />9.3 If software is provided to Customer under the Master Agreement, TWC grants Customer a limited, nonexclusive
<br />and non - transferable license to use such software, in object code form only, solely for the purpose of using the
<br />Service for Customer's internal business purposes during the Term.
<br />10,0 MONITORING, EQUIPMENT UPGRADES AND MODIFICATIONS
<br />TWC has the right, but not the obligation, to upgrade, modify and enhance the TWC Equipment (including related
<br />firmware) and the Service and take any action that TWC deems appropriate to protect the Service and its facilities.
<br />TWC has the right to add to, modify or delete any provision of these Terms and Conditions. TWC shall notify
<br />Customer of any material adverse change to these Terms and Conditions or Service descriptions by posting such
<br />modified Perms and Conditions or Service description on the TWC web site or by email, or, if applicable, in the
<br />appropriate TWC tariff, Upon the effectiveness of any addition, modification or deletion, Customer's continued use of
<br />the Services shall constitute Customer's consent to such addition, modification or deletion, and agreement to continue
<br />to be bound by the Master Agreement. ;In any event, if TWC modifies the Services or these Terms and Conditions and
<br />such modification has a material adverse impact on Customer's ability to use the Service, Customer may, within the
<br />thirty (30) day period following the date of such modification, terminate, without penalty, the Service Order relating to
<br />the affected Service.
<br />11.0 TERMINATION
<br />I Lt Either Party may terminate a Service Order; (a) upon thirty (30) days written notice to the other Party of the other
<br />Party's material breach of the Master Agreement or the applicable Service Order, provided that such material breach is
<br />not cured within such thirty (30) day period; (b) immediately, in the event that the other Party liquidates, is adjudicated
<br />as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its
<br />debtors, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading
<br />exchange (each a "Bankruptcy Event "); or (c) immediately, in the event that, after entering into such Service Order,
<br />TWC conducts a site survey and learns that the construction costs shall require a material increase in the Service
<br />Charges. In the event that Customer fails to comply with any applicable laws or regulations or the terms of the Master
<br />Agreement, upon thirty (30) days written notice TWC may suspend or discontinue any applicable Service in whole or
<br />in part without further notice, provided that such failure is not cured within such thirty (30) day period. In addition,
<br />TWC may immediately terminate or suspend Customer's or its End User's use of the Service if such use is determined
<br />by TWC, in its sole discretion, to be resulting in a material degradation of the TWC network, until such time as such
<br />degradation has been remedied. In the event of a suspension of Service, TWC may require the payment of reconnect or
<br />other charges before restarting the suspended Service.
<br />25B -14
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