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1 *:1:11:3119:1 <br />Time Warner Cable Business Class <br />Terms and Conditions <br />Ii 91> i wNEll Ell ►yil;IL1 110 <br />These Time Warner Cable Business Class Terms and Conditions ( "Terms and Conditions "), and <br />any Time Warner Cable Business Class Service Orders (as described in Section 2.2 below) are <br />hereby incorporated into the Time Warner Cable Business Class Service Agreement to which these <br />Terms and Conditions are attached ( "Service Agreement ") and constitute the "Master Agreement" <br />by and between Customer and TWC (collectively, the "Parties" or each individually a "Party ") for the <br />services specified on Service Orders ( "Services "). The attachments to these Terms and Conditions <br />( "Attachments ") further describe TWC's services and are hereby incorporated into, and made a part <br />of, these Terms and Conditions by this reference. The Attachments set forth additional terms and <br />conditions for the applicable Service. "TWC" means the Time Warner Cable Inc. - affiliated entity that <br />is providing the Services. <br />PXII 19 ;11ZITJIN*Fil L1 1 1) &� 4ZITJ [61 *01NC Ell Z6 <br />2.1 Subject to the terms and conditions of the Master Agreement, TWC shall provide <br />Customer with the Services in accordance with any Service Order entered into by the <br />Parties. Customer understands and agrees that certain Services may not be available in all <br />TWC service areas and that TWC, upon entering into a Service Order with Customer may, at <br />TWC's discretion, utilize one or more of its affiliates or third parties to deliver the Services <br />( "Third Party Services "). The Third Party Services may be subject to additional terms and <br />conditions. Unless otherwise set forth, TWC shall use commercially reasonable efforts to <br />provide the Services seven (7) days a week, twenty four (24) hours a day, excluding <br />scheduled maintenance, required repair and events beyond TWC's reasonable control. <br />2.2 Customer shall request Services by issuing to TWC one or more proposed service <br />and /or work order(s) (in the form provided or approved by TWC) or via a mutually agreed <br />electronic order entry system. Upon TWC's acceptance of a proposed service and /or work <br />order(s), such proposed service and /or work order(s), shall be deemed a "Service Order" <br />hereunder and shall be deemed incorporated into, and made a part of, the Master <br />Agreement by this reference. A proposed service and /or work order shall be deemed <br />accepted upon the earlier of (a) TWC's acceptance of such proposed service and /or work <br />order in writing; or (b) TWC's commencement of delivery of the Service(s) set forth in such <br />proposed service and /or work order. Exhibit A to the Service Agreement shall constitute a <br />separate Service Order with respect to each of the sites set forth therein ( "Initial Service <br />Order(s)"), and the corresponding terms set forth on Exhibit A shall apply to the provision of <br />Services to each of such sites. <br />3.0 SERVICE & EQUIPMENT INSTALLATION. <br />3.1 Customer shall obtain and maintain, or ensure that each Customer employee or <br />branch office which uses the Service (each, an "End User"), shall obtain and maintain <br />throughout the Term, such consents (including without limitation landlord and land owner <br />\NORTHVA - 068947/000023 - 529827 v2 <br />Attachment number 1 <br />F -4 Page 67 <br />