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term; or (b) reimburse TWC for all volume, term or other discounts and credits provided in
<br />anticipation of full performance of Customer's obligations and any unpaid portion of the
<br />installation fee set forth in the applicable Service Order(s).
<br />11.4 The provisions of sections 7 - 9, 11 - 15, 17.1, 18, 19, 21 — 23, 25 and 26 and the
<br />Attachments shall survive the termination or expiration of the Master Agreement.
<br />12.0 INDEMNIFICATION.
<br />Customer shall defend, indemnify and hold harmless TWC, its affiliates, its service providers and
<br />suppliers and their respective officers, directors, employees and agents, from and against third party
<br />claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and other
<br />professionals' fees, arising out of or relating to: (a) the use of the Service, including but not limited to
<br />a breach of Section 5 of these Terms and Conditions; (b) personal injury or property damage caused
<br />by the negligence or willful misconduct of Customer or its employees or agents; or (c) any fees, fines
<br />or penalties incurred by TWC as a result of Customer's violation of the 10% Rule as set forth in
<br />Attachment D.
<br />Iii 1611M ]l;�61 we1hyi1:4 :Z01 91TITIMN:7e1 L1 11 wo
<br />CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND USES THE
<br />SAME AT ITS OWN RISK. TWC EXERCISES NO CONTROL OVER AND HAS NO
<br />RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE
<br />THROUGH THE SERVICE, AND TWC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR
<br />SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER AGREEMENT,
<br />THE SERVICE, TWC EQUIPMENT AND TWC MATERIALS ARE PROVIDED "AS IS," WITHOUT
<br />WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
<br />TO WARRANTIES OF TITLE, NON - INFRINGEMENT, SYSTEM INTEGRATION, DATA
<br />ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE. NO ADVICE OR INFORMATION GIVEN BY TWC, ITS AFFILIATES OR ITS
<br />CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
<br />TWC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S
<br />REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE
<br />UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY
<br />OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION
<br />SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER
<br />AGREEMENT, TWC DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED
<br />BY TWC SHALL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE.
<br />IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER
<br />THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND
<br />AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED,
<br />UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
<br />SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER
<br />SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S OR AN END USER'S
<br />COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF
<br />SUCH DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER'S OR
<br />ITS END USERS' USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER'S OR
<br />END USERS' SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS
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