|
Notwithstanding anything to the contrary in the Master Agreement, a Party shall have no liability to
<br />the other due to circumstances beyond its control, including, but not limited to, acts of God,
<br />terrorism, flood, fiber cuts, natural disaster, regulation or governmental acts, fire, civil disturbance,
<br />weather, or any unauthorized access to or destruction or modification of the Service, in whole or in
<br />part (each a "Force Majeure Event "). Notwithstanding anything to the contrary in the Master
<br />Agreement, Customer may terminate the affected Service Order(s) in its entirety and without penalty
<br />if a Force Majeure Event continues for more than ten (10) consecutive days and prevents TWC from
<br />delivering the Service under such Service Order(s).
<br />17.0 REGULATORY AND LEGAL CHANGES, POLE ATTACHMENT AND CONDUIT
<br />CHARGES, TARIFFS.
<br />17.1 In the event of any change in applicable law, regulation, decision, rule or order,
<br />including without limitation any new application of or increase in any government- or quasi -
<br />government- imposed fees or charges that increases the costs or other terms of TWC's
<br />delivery of Service to Customer, or, in the event of any increase in pole attachment or
<br />conduit charges applicable to any facilities used by TWC in providing the Service, Customer
<br />acknowledges and agrees that TWC may pass through to Customer any such increased fees
<br />or costs, but only to the extent of the actual increase, provided TWC notifies Customer at
<br />least thirty (30) days in advance of the increase. In such case, and if such increase
<br />materially increases the fees or charges due by Customer under the Master Agreement for
<br />the applicable Service, Customer may, within thirty (30) days after notification of such
<br />increase, terminate the affected Service without incurring termination liability, provided
<br />Customer notifies TWC at least fifteen (15) days in advance of Customer's requested
<br />termination date. Further, in the event that TWC is required to file tariffs or rate schedules
<br />with a regulatory agency or otherwise publish its rates in accordance with regulatory agency
<br />rules or policies respecting the delivery of the Service or any portion thereof, and TWC is
<br />required under applicable law to apply those rates to Customer's purchase of Service under
<br />the Master Agreement, then the terms set forth in the applicable tariff or rate schedule shall
<br />govern TWC's delivery of, and Customer's use or consumption of the Service. In addition, if
<br />TWC determines that offering or providing the Service, or any part thereof, has become
<br />impracticable for legal or regulatory reasons or circumstances, then TWC may terminate the
<br />Master Agreement and any affected Service Orders without liability, by giving Customer thirty
<br />(30) days prior written notice or any such notice as is required by law or regulation applicable
<br />to such determination.
<br />17.2 The Master Agreement, including the Attachments and the Service Order(s), are
<br />subject to all applicable federal, state or local laws and regulations in effect in the relevant
<br />jurisdiction(s) in which TWC provides the Services. If any provision of the Master
<br />Agreement, the Attachments, or the Service Order(s) contravene or are in conflict with any
<br />such law or regulation, then the terms of such law or regulation shall take priority over the
<br />relevant provision of the Master Agreement, the Attachments, and /or the Service Order(s). If
<br />the relevant law or regulation applies to some but not all of the Service(s) being provided
<br />under the Master Agreement, then such law or regulation shall take priority over the relevant
<br />provision of the Master Agreement, the Attachments, and the Service Order(s) only for
<br />purposes of those Service(s) to which the law or regulation applies. Except as explicitly
<br />stated in the Master Agreement, nothing contained in the Master Agreement shall constitute
<br />\NORTHVA - 068947/000023 - 529827 v2
<br />Attachment number 1
<br />F -4 Page 75
<br />
|