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Attachment D Spectrum Data Transport Services: Ethernet Solutions ("Ethernet Service") These terms shall apply, in addition to the Commercial Terms of Service and the respective Service Order (if applicable) (collectively, the "Service Agreement"), if Customer elects to receive Ethernet Service and continued use or reception of the Ethernet Service Is subject to the this Agreement. Spectrum will provide Ethernet Services for Customer locations connected over coaxial and/or fiber-optic cable. Connectivity is established between two or more Customer end-points under a unique customer topology. Spectrum will Install the coaxial or fiber-optic cable Into each Customer site as listed In the Service Order(s), Spectrum will also supply an edge device at each site that will be capable of receiving the Service as specified In the Service Order(s). Customer's use of Ethernet Service is subject to the following additional terms and conditions: 1. Availability: Spectrum's provision of Ethernet Services is subject to availability, 2. Interference: Spectrum shall have the right to disconnect (or demand the Immediate disconnection do any Ethernet Service that degrades any service provided to other subscribers on the Spectrum network. 3. Hand -Off Point: Spectrum will terminate fiber-optic cable on a patch panel or provide a coaxial outlet at an agreed upon minimum point of penetration (MPOP) up to 50 feet within each facility (unless otherwise specified In the Service Order). If the hand-off point of the Ethernet Service at Customer's premise exceeds this distance, Customer may be responsible for any additional costs for Internal wiring. 4. Facilities: Customer will make available to Spectrum a building ground connection at each location that meets current electrical codes for the placement of a fiber-optic patch panel and/or coaxial outlet. Unless otherwise specified In the applicable Service Order, it Is recommended that Customer provide a separate 20 Amp i 10V AC circuit for the edge electronics, which is powered by a UPS system. Customer -supplied routing will be necessary for communication between each Service Location. 5. Optical Ethernet EP -Lan: For Optical Ethernet EP -LAN, Spectrum requires Customer to use Layer3 / IF Interfaces and routing on WAN interfaces as opposed to Layer2. The enhanced risk of total service degradation as a result of broadcast storms or other industry known Layer2 vulnerabilities warrants this requirement. Using Layer3 / IP interfaces requires only a single MAC address to be learned on the UNI, 6. Interstate vs. Intrastate. Customer's use of Ethernet Services is presumed to be jurisdictionally Interstate, pursuant to the Federal Communications Commission's mixed use "10% Rule" (47 C.F. R. 36.154, 4 FCC Rod. 1352). It is Customer's sole responsibility to notify Spectrum if Customer's use of the Service is not jurisdictionally interstate pursuant to the 10% Rule and, so long as Customer's use of the Service remains not jurisdictionally Interstate, Customer must certify at least annually that this condition remains in effect, using the form and format available upon request from Spectrum. If Customer fails to provide such certification or if the Customer's certification is Inaccurate or invalid, Customer shall be liable for any resulting fees, fines, penalties and/or costs Incurred by Spectrum. In addition, if Spectrum determines that Customer's use of the Ethernet Services is likely to be deemed not to be jurisdictionally Interstate, and therefore that Spectrum's provision of the Ethernet Services Is likely to put Spectrum or its licenses, permits or business at risk, or otherwise cause financial, regulatory or operational problems for.Spectrum, then Spectrum may immediately suspend the provision of any or all Ethernet Service under any or all affected Service Orders until such time as either (a) Customer provides Spectrum with satisfactory assurances that Customer's use of Ethernet Services shall be deemed to be jurisdictionally Interstate or (b) Customer is otherwise brought Into full compliance with any applicable laws and regulations. 7. Restrictions: By purchasing the Services, Customer certifies that Customer shall not use the Services, or allow the Services to be used: 1) to provide 911 or E911 services; ip route 911 or E911 traffic to any public safety answering point, statewide default answering point, or appropriate local emergency authority or emergency responders; or iii) for any Automatic Location Information services related to E911. In addition, Customer shall not use the Services, or allow the Service to be used, in a manner that would cause, or be likely to cause, Spectrum to quality as a "Covered Service Provider" as defined in 47 C.F.R. §12.4 or any successor rules of the Federal Communication Commission ("FCC"). Any breach of this provision shall constitute a material breach of this Agreement and Spectrum shall have the immediate right, withoutnotice or penalty, to terminate this Agreement or, in Spectrum's sole discretion, suspend Services to Customer. Commercial Bulk Services Agreement v.161213 CONFIDENTIAL. Page 2e of 31 02016 Charter Communications, All Rights Reserved. Lynne P. Bell E -signed 2017-12-0711:02PM PST lynne.betl@charter.com Verified AM,Si, u, nzaatim, nu hec