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(a) Late Fees. Undisputed amounts not paid within 45 days of the Invoice date shall be past due and subject to a late fee of 1.5% per <br />month or the maximum amount permitted by law. <br />(b) Non-payment. If Services are suspended due to late payment, Spectrum may require that Customer pay all past due charges, a <br />reconnect fee, and one or more MRCS in advance before reconnecting Services. <br />(c) Collection Fees. Spectrum may charge a reasonable service fee for all returned checks and bank card, credit card or other <br />charge card charge -backs. Customer shall be responsible for all expenses, including reasonable attorney fees and collection <br />costs, Incurred by Spectrum In collecting any unpaid amounts due under this Service Agreement. <br />10. Customer shall also be responsible for all costs of collection of overdue amounts Incurred by Spectrum (Including reasonable <br />attorneys' fees). <br />11. If Spectrum fails to present a charge in a timely manner, such fallure, shall not constitute a waiver of the charges for the Services to <br />which It relates, and Customer shall be responsible for and pay such charges when Invoiced In accordance with these payment terms. <br />(a) Spectrum shall have the right to verify Customer's credit standing at any time. Additionally, Spectrum may at any time require <br />Customer to make a deposit and/or advance payment if In Spectrum's reasonable discretion, Customer's credit standing <br />warrants such deposit and/or advanced payment. The deposit requested will be In cash, the equivalent of cash, or a bank, <br />credit card or account debit authorization and does not relieve Customer of the responsibility for the prompt payment of Invoices <br />on presentation. Spectrum may deduct amounts from the deposit, bill any bank or credit card provided, or utilize any other means <br />of payment available to Spectrum, for past due amounts. <br />(b) Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one Spectrum <br />Service ("Bundle"). then the following conditions shall apply: <br />(I) In consideration for Customer's purchase of all Services In the Bundle, and only with respect to that pertod of time during <br />which Customer continues to purchase the specifle Services In such Bundle and during which such Bundle is in effect, the <br />correlating discount to the Services in such Bundle, ordered pursuant to the Spectrum program governing such Bundle, will <br />be reflected In the MRC for the respective Services. <br />0) Upon discontinuation or termination by Customer of any Service component of the applicable Bundle, the pricing for the <br />remaining Service(s) shall revert to Spectrum's unbundled pricing for such Service(s) in effect at the time. Termination liability <br />applicable to the Services under this Service Agreement shall otherwise remain unchanged. <br />12. PORTABILITY. After the first twelve (12) months of the Initial Order Tenn, if Customer is vacating or otherwise leaving a <br />Service Location ("Closed Location") prior to the end of the Initial Order Term, Customer may elect, upon at least sixty (60) <br />days' prior written notice to Spectrum, to terminate the Services at such Closed Location, without payment of early <br />termination charges, provided that Customer: (a) has paid Spectrum all amounts due and owing, Including any unpaid <br />construction charges and other OTCs, at the time of such termination for all Services provided by Spectrum pursuant to the <br />Services Agreement; (b) vacates or otherwise leaves such Service Location within such sixty (60) day period; (c) places a <br />Service Order for replacement Services at a different location within the Spectrum market area ("New Location") withan <br />activation date no later than sixty (60) days after the termination of the original Service, so long as the replacement Somice at <br />the New Location has a value (determined by multiplying the number of months in the replacement Service's Initial Order <br />Term by such Service's monthly recurring Service Charges) equal to or greater than the original Service (such value <br />determined by multiplying the number of months remaining in the original Service's remaining Initial Order Term by such <br />Service's MRCS); and (d) pays to Spectrum upon receipt of invoice all OTCs, If any, associated with the replacement Service <br />at the New Location, and the costs and expenses incurred by Spectrum to terminate the terminated Service, Including, <br />without limitation, any applicable third -party termination liability charges. Service Charges for the New Location will be <br />billed at the standard rates applicable to the geographic area of the New Location. <br />13. ADMINISTRATIVE WEB SITE. Spectrum may, at its sole option, make one or more administrative web sites available to Customer In <br />connection with Customer's use of the Services (each an "Administrative Web Site"), Spectrum may furnish Customer with one or <br />more user Identifications and/or passwords for use on the Administrative Web Site. Customer shall be responsible for the <br />confidentiality and use of such user Identifications and/or passwords and shall immediately notify Spectrum if there has been an <br />unauthorized release, use or other compromise of any user identification or password. In addition, Customer agrees that Its authorized <br />users shall keep confidential and not distribute any Information or other materials made available by the Administrative Web Site. <br />Customer shall be solely responsible for all use of the Administrative Web Site, and Spectrum shall only be entitled to rely on all <br />Customer uses of and submission to the Administrative Web Site as authorized by Customer. Spectrum shall not be liable for any loss, <br />cost, expense or other liability arising out of any Customer use of the Administrative Web Site. Spectrum may change or discontinue <br />the Administrative Web Site, or Customer's right to use the Administrative Web Site, at any time. Additional terms and policies may <br />apply to Customer's use of the Administrative Web Site. These terms and policies will be posted on the site. <br />14. NO THIRD PARTY HARDWARE OR SOFTWARE SUPPORT. Customer Is responsible for the installation, repair and use of <br />Customer -supplied third party hardware and/or software, including without limitation any necessary for the use of third party services. <br />Spectrum does not supportthird party hardware or software used In conjunction with third party services or supplied. by Customer. Any <br />questions concerning third party hardware or software should be directed to the provider of that product. Spectrum assumes no liability <br />or responsibility for the Installation, maintenance, compatibility or performance of third party software, or any Customer -supplied <br />hardware or software with the Services. If such third party equipment or software impairs the Services, Customer shall remain liable for <br />payments as agreed (If any) without recourse for credit or prorated refund for the period of impairment. Spectrum has no responsibility <br />Commercial Bulk Services Agreement v.161213 CONFIDENTIAL Page 6 of 31 <br />02016 Charter Communications. All Rights Reserved, <br />Lynne P. Belt <br />E -signed 2017-12-0711:02PM PST <br />lynne.belt@charter.com <br />6 Document Integrity Verified Ienm,. a;."...,,:..u,,., <br />