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6.G. - Page 12 of 40
<br />(A) In addition to any specific indemnification responsibilities set forth elsewhere in the Agreement, each party shall, at
<br />such party's expense, indemnify, defend and hold harmless the other party and its members, officials, directors, employees,
<br />representatives, officers and agents (the "lndemnifEed Parties") against any and all claims, liabilities, lawsuits, damages,
<br />losses, judgments, costs, fees and expenses incurred by Indemnified Parties, including but not limited to, reasonable
<br />attorneys' fees and court costs incurred by Indemnified Parties under the Agreement, to the full extent that such arise from
<br />the other party's misrepresentation with regard to or noncompliance with the terms of the Agreement, or the failure to
<br />comply with applicable law, and/or negligence or willful misconduct. Indemnified Parties will have the right but not the
<br />obligation to participate in the defense of the claim at the Indemnified Party's cost and shall cooperate with Indemnified
<br />Parties in such case.
<br />(8) Customer and Provider accepts full responsibility for all actions taken by its respective employees, contractors or agents
<br />for work performed on any property of Customer or Provider and for any equipment used in connection with the Services,
<br />and each party shall indemnify Indemnified Parties from any actions of such employees, contractors and agents and arising
<br />from such equipment in accordance with subsection 5.5(A).
<br />5.6 Service Levels. The Service Level Agreement applicable to Orders for Fiber Internet, Point -to -Point Fiber Transport
<br />and/or enterprise, non -analog Telephone Services, including the service level standards, maintenance log, trouble ticketing
<br />procedures and credit procedures and regulations for Provider's noncompliance with a service level are set forth in Exhibit
<br />A attached hereto. For the elimination of doubt, the Service Level Agreement in Exhibit A does not apply to any Services
<br />other than Fiber Internet, Point -to -Point Fiber Transport or enterprise, non -analog Telephone Services.
<br />ARTICLE 6. EQUIPMENL NE]WORK, INSTALLATION AND SITE VISITS
<br />6.1 Equipment and Network. "Equipment" means components including, but not limited to, any gateway or edge
<br />electronic device, antenna, node, concentrator, bridge, receiver, transmitter, transceiver, router, switch, hub or
<br />communications lines/cables that makes up the network of Provider -provided Equipment, facilities and materials (the
<br />"Network") necessary to provide the Services.
<br />6.2 Site Visits and Repairs. If Customer's misuse, abuse or modification of the Services, Equipment or Network
<br />facilities supplied by Provider necessitates a visit to a Customer location (the "Service Site") for Inspection, correction or
<br />repair, Provider may charge Customer a site visit fee as well as charges for any Equipment or Network repair or
<br />replacement necessary to restore Services.
<br />6.3 Installation Review: Subsequent Interference. Provider may perform an installation review of each Service Site
<br />prior to installation of the Services at that Service Site. Provider may require Customer to provide Provider with accurate
<br />site and/or physical network diagrams or maps of a Service Site prior to the installation review. Provider may directly or
<br />through its agents inspect the Service Site before beginning Installation, and shall satisfy itself that safe Installation and
<br />proper operation of Its Equipment and the Services are possible at the Service Site. If Provider, in its sole discretion,
<br />determines that safe installation and/or activation of one or more of the Services will have negative consequences to
<br />Provider's personnel or Network and/or cause technical difficulties to Provider or its customers, Provider may terminate the
<br />applicable order effective on prior written notice to Customer or may require Customer to correct the situation before
<br />proceeding with installation or activation of the Services.
<br />6.4 Interference. If, during the Service Term of an Order, 111 proper operation of Provider's Equipment and/or
<br />unhindered provision of the Services is no longer possible as a result of interference or obstruction caused by the acts or
<br />omissions of Customer, a third party or any force maleure event (as defined in section 8.1 below), or (ii) such
<br />interference/obstruction or the cause thereof will have negative consequences to Provider's personnel or Network and/or
<br />cause technical difficulties to Provider or its customers, as Provider may determine in its sole discretion, Provider may
<br />terminate any affected Order(s) without liability after providing reasonable written notice and opportunity to cure to
<br />Customer pursuant to section 4.
<br />6
<br />ATTY/AGA/2013.176/ASTOUND BROAO6AND - MSA
<br />REV: 10-07-13 MLG
<br />2013 ASTOUND BROADBAND
<br />ProprTerary and Conf7dentiol
<br />136
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