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Attachment H Dark Fiber Services ( "Dark Fiber Services ") Dark Fiber: If Customer selects to receive the Dark Fiber Service, TWC shall provide Customer with a dedicated strand(s) of dark fiber between the end points identified on a Service Order ( "Dark Fiber"). Customer's use of Dark Fiber is subject to the following additional terms and conditions: • TWC's provision of Dark Fiber Services is subject to availability. • Customer shall have complete and exclusive control and responsibility for the content on and use of the Dark Fiber, as well as for the implementation, testing, and turn -up of the Dark Fiber, including without limitation any and all equipment, hardware, tools, and software used to light, enjoy, or otherwise use the Dark Fiber. Notwithstanding the foregoing, TWC shall at all times continue to retain all legal right and title to the entire TWC network, Dark Fiber, and Required Rights (as defined below). The Dark Fiber Services shall not grant to Customer any leasehold or similar interest in or to the Dark Fibers or any portion of TWC's network. • Customer shall not use the Dark Fibers in a way that interferes in any way with or otherwise adversely affects the TWC network or the use of the fibers, cable, or conduit by any other person using the TWC network. TWC shall have the right to disconnect (or demand the immediate disconnection of) any such Dark Fiber Service that degrades any service provided to other subscribers on the TWC network. • Customer shall not transmit or otherwise make available on or via the Dark Fiber any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. • During and after the Order Term, Customer shall have no right to perform work on or otherwise physically access the Dark Fibers or TWC's network, except with the express permission and supervision of TWC. TWC shall have to sole right to access and maintain the Dark Fibers and TWC's network. In the event Customer accesses a TWC -owned manhole, hand hole, or the TWC network without the express permission and supervision of TWC, Customer shall pay to TWC a fee (as liquidated damages and not as a penalty) in the amount of ten thousand dollars ($10,000) for the first occurrence and twenty -five thousand dollars ($25,000) for each occurrence thereafter. Notwithstanding the foregoing, this provision shall not limit TWC's ability to pursue a claim for damages to the TWC network (including, without limitation, the Dark Fibers), or any other related equipment or facilities, as a result of such access by Customer (or any other claims that TWC may have as a result of such access) and in no event shall this provision authorize Customer to access a TWC - owned manhole, hand hole or the TWC network without the express permission and supervision of TWC. \NORTHVA - 068947/000023 - 529827 v2 Attachment number 1 F -4 Page 90