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AG 2012 09 17
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AG 2012 09 17
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Last modified
9/19/2012 8:08:08 AM
Creation date
11/27/2017 11:11:19 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2012
Board
Board of Commissioners
Meeting Type
Regular
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agreed upon by TWC and Customer. Customer is responsible for all communications and interfaces <br />with its End Users. In no event shall TWC be responsible for providing support for any network, <br />equipment or software not provided and installed by TWC or for issues or problems beyond its <br />control. Notwithstanding anything to the contrary in the foregoing, TWC shall use commercially <br />reasonable efforts to restore any cable cuts on the TWC network and shall keep Customer <br />reasonably advised of such restoration progress. In the event Customer, or Customer's employees, <br />agents, or contractors are responsible for a cable cut, then Customer shall be responsible for any <br />costs associated with the repair of a such cable cut. Customer shall provide routine operational <br />Service support for TWC Equipment and Service components collocated at Customer's or an End <br />User's facility, including without limitation by performing reboots, as requested by TWC. <br />6111 =911 &1'1 1101 ►yiI ;I:ZO7:3I IOTA 1101 L1 1.11 <br />5.1 Customer's use of the Service (including all content transmitted via the Service) shall <br />comply with all applicable laws and regulations and the terms of the Master Agreement. <br />Customer shall not resell or redistribute (whether for a fee or otherwise) the Service, or any <br />portion thereof, or make any use of the Service other than for Customer's internal business <br />purposes, unless otherwise agreed in writing by TWC. Customer shall ensure that its End <br />Users' use of the Service, if any, shall comply with all applicable laws and regulations and <br />terms of the Master Agreement. TWC may audit Customer's use of the Service remotely or <br />otherwise, to ensure Customer's compliance with the Master Agreement. <br />5.2 Customer shall ensure that all TWC Equipment at Customer's and Customer's End <br />Users' facilities and all TWC - provided fibers remain free and clear of all liens and <br />encumbrances, and Customer shall be responsible for loss or damage to the TWC <br />Equipment while at Customer's or an End User's facilities. As between the Parties, <br />Customer is solely responsible for: (a) all use (whether or not authorized) of the Service by <br />Customer, an End User or any person or entity, which use shall be deemed Customer's use <br />for purposes of the Master Agreement; (b) all content that is viewed, stored or transmitted via <br />the Service; and (c) all third party charges incurred for merchandise and services accessed <br />via the Service, if any. Customer shall conform its equipment and software, and ensure that <br />each End User conforms its equipment and software, to the technical specifications for the <br />Service provided by TWC. <br />6.0 TERM. <br />The Master Agreement shall commence on the date of the last signature on the Service Agreement <br />(the "Effective Date "), and shall remain in effect for the later of either thirty -six (36) months or until <br />the expiration or termination of all Service Orders (the "Term "). Unless otherwise set forth in the <br />Service Order, the term for the applicable Service shall be set forth in the Service Agreement <br />( "Initial Order Term ") and shall remain in effect until expiration as set forth in the Service Order. <br />Unless otherwise specified in the Service Agreement, if the Customer continues to receive Services <br />after the expiration of the Initial Order Term, the Services shall renew on a month to month basis on <br />the same terms and conditions ( "Renewal Order Term ", collectively with Initial Order Term, "Order <br />Term "). The fees for the Renewal Order Term shall be as set forth in Section 7. <br />7.0 PAYMENT. <br />\NORTHVA - 068947/000023 - 529827 v2 <br />Attachment number 1 <br />F -4 Page 69 <br />
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