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(a) Responsibilities and Safeouards. Except as otherwise provided in this Service Agreement or any Service Order(s), neither Party
<br />shall be responsible for the maintenance or repair of cable, electronics, structures,_ equipment or materials owned by the other
<br />Party; provided,owever, that subject to the Indemnification limitations set forth In this Service Agreement, each Party shall be
<br />responsible to the other for any physical damage or harm such Party causes to the other Parry's personal or real property through
<br />the negligence or willful misconduct of such damage causing Party.
<br />Customer shall:
<br />L Safeguard Equipment against others;
<br />Ii. Not add other equipment nor move, modify, disturb, alter, remove, nor otherwise tamper with any portion of the
<br />Equipment;
<br />iii. Not hire nor permit anyone other than personnel authorized by Spectrum, acting in their official capacity, to perform any
<br />work on Equipment; and
<br />IV. Not move nor relocate Equipment to another location or use It at an address other than the Service location without the
<br />prior written consent of Spectrum.
<br />Any unauthorized connection or other tampering with the Services or Equipment shall be muse for Immediate suspension of
<br />Services, Termination of this Service Agreement and/or legal action, and Spectrum shall be entitled to recover damages, including
<br />the value of any Services and/or Equipment obtained in violation of this Service. Agreement, In addition to reasonable collection
<br />costs including reasonable attorney fees. Should any antenna, or signal amplification system for use in connection with
<br />communication equipment hereafter be installed at the Service Location which Interferes with the Services, Spectrum shall not be
<br />obligated to distribute a -signal to the Service Location better than the highest quality which can be furnished without additional
<br />cost to Spectrum as a result of such Interference, until. such time as the Interference is eliminated.
<br />Customer shall be solely responsible for securing and maintaining any and all Customer equipment, including, but not limited to,
<br />Private Branch Exchanges (including other non -Spectrum switches, collectively, 'PBXs') and Trunk Equipment (as defined In
<br />Attachment Bl, where applicable. -
<br />(b) Customer SecurityResponsibilities. Customer shall be responsible for the implementation of reasonable security measures and
<br />procedures with respect to use of and access to the Service Location, Service and/or Equipment. Spectrum may suspend the
<br />Services upon learning of a breach of security and will attempt to contact Customer in advance, if practicable.
<br />(c) Customer shall ensure that all Equipment at Customer's and End Users' Service Locations (i) remains freeand clear of all liens
<br />and encumbrances, (ii) is not modified or altered by any person or entity other than Spectrum, (iii) is not subject to accident,
<br />misuse, abnormal wear and tear,.neglect, or mistreatment, (Iv) is not damaged In connection with any equipment or software with
<br />which the Equipment is used and not supplied by Spectrum, (v) is not damaged by liquids, and (vi) is not used with any software
<br />not supplied by Spectrum for use with such Equipment.
<br />(d) Ownership. Notwithstanding any other_ provision contained in this Service Agreement to the contrary, all Equipment and materials
<br />Installed or provided by Spectrum are and shall always remain the property of Spectrum, shall not become a fixture to the Service
<br />Location, and must be returned to Spectrum at any time Services are disconnected In the condition in which they were received
<br />subject to ordinary wear and tear. Customer will.not sell, lease, assign nor encumber any Equipment. Customer shall not obtain or
<br />acquire title fo, Interest or right (Including Intellectual property rights) in the Service or Equipment other than to the limited extent of
<br />use rights expressly granted under this Service Agreement..
<br />Customer is solely responsible for securing any Customer -owned or provided CPE (i.e., any customer premises equipment
<br />Including without limitation PBXs), and shall be solely responsible for any charges associated with such CPE or Third Party
<br />Services (including those associated with PBXs, mlling card(s) and/or access numbers, regardless of whether such use (t) Is
<br />authorized by Customer management or (Ii) Involves fraudulent activity).
<br />(e) Ecuipment Return Retrieval Repair and Replacement. Immediately upon termination of this Service Agreement and/or Service
<br />in
<br />Order(s) ("Ternafon ), at the discretion of Spectrum, Customer shall return or allow Spectrum to retrieve the Equipment Failure
<br />of Customer to return or allow Spectrum to retrieve the Equipment within 10 days after Services are terminated will result In a
<br />charge to Customer's account equal to either Spectrum's applicable unreturned equipment charge or the retail cost of
<br />replacement of the unreturned Equipment. If applicable, Customer shall pay' for the repair or replacement of any damaged
<br />Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or
<br />material/workmanship defects, together with any costs Incurred by Spectrum in obtaining or attempting to regain possession of
<br />such Equipment, including reasonable attorney fees.
<br />B. STANDARD PAYMENT TERMS. Customer shall pay recurring and non-recurring charges/fees for the Services in the amount
<br />specified on the Service Order and other applicable charges as described in this Service Agreement.
<br />(a) Charges. Monthly recurring charges (°MRCs') specific to the Service(s) provided by Spectrum and Third Party Services and
<br />charges for non -use -based Services, are due prior to the month the Service Is delivered. Customer may be charged an OTC for
<br />construction, Service installation charge(s), repair; replacement, and/or any other nonrecurring costs or charges.
<br />Usage -based charges will be Invoiced typically within one-month of delivery of the respective use -based Service (e.g.. pay -per
<br />view charges). Certain MRCS are subject to Increases attributable to programming, license, copyright, retransmission and/or
<br />Commercial Bulk Services Agreement v.161213 CONFIDENTIAL Page 4 of 31
<br />02016 Charter Communications. All Rights Reserved.
<br />Lynne P. Bell
<br />E -signed 2017-12-0711:02PM PST.,
<br />lynne.bell@charter.com '
<br />Document Integrity Verified Adobe Sign T,a..,Uon Humber.
<br />25D-8
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