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6.G. - Page 13 of 40
<br />6.5 Site Preparation. Customer is responsible, at its own expense, for all site preparation activities necessary for
<br />delivery and installation of the Equipment and the installation and ongoing provision of Services, including, but not limited
<br />to, the relocation of Customer's equipment, furniture and furnishings as necessary to access the Equipment and/or
<br />Services. To ensure proper Installation of the Equipment and the Services, Customer may be required to provide electrical
<br />or other utility service, and/or accurate physical network diagrams and/or maps prior to installation.
<br />6.6 Installation. Provider shall schedule one or more installation visits with Customer. Customer's authorized
<br />representative must be present during installation. During installation, Provider shall test to confirm that the Services can
<br />be accessed from the Service Site, If, during the course of installation, Provider determines additional work is necessary to
<br />enable Provider to deliver the Services to the Service Site, Provider shall notify Customer of any new or additional one-time
<br />charges that may be necessary. If Customer does not agree to pay such one-time charges by executing a revised Order
<br />reflecting such new charges (and superseding the underlying applicable Order) within twenty business days of receiving the
<br />revised Order, Customer and/or Provider may terminate the applicable Order. Customer will be responsible for access
<br />paths, moving or relocating furniture, furnishings, or equipment, or other preparation activities necessary for Provider to
<br />install the Services. Customer shall connect any Equipment provided by Provider to Customer's computer or network to
<br />enable access to the Services. With respect to any excavation, Provider will be responsible for reasonable restoration
<br />efforts necessary to address any displacement resulting from such excavation.
<br />6.7 Onxoinx Visits. Provider may access the Service Site from time to time to inspect, construct, install, operate and
<br />maintain Provider's Network facilities, Equipment or materials and/or any related facilities. Except in emergency situations,
<br />Provider shall obtain approval from Customer (not to be unreasonably withheld or delayed) before entering the Service
<br />Site. At Provider's request, Customer, or a representative designated by Customer, shall accompany Provider's employees
<br />or agents into any unoccupied unit for the purpose of installing, repairing, maintaining, upgrading, and/or removing the
<br />Equipment.
<br />6.8 EEt ulpment Maintenance.
<br />(A) Except as otherwise provided in this Master Agreement or an Order, neither party is responsible for the maintenance or
<br />repair of cable, electronics, structures, Equipment or materials owned by the other party, provided, however, that subject
<br />to the indemnification provisions of this Master Agreement and the Order, each party will be responsible to the other for
<br />any physical damage or harm such party causes to the other party's personal or real property through the damage -causing
<br />party's negligence or willful misconduct.
<br />(B) Customer shall (i) safeguard Provider -provided Equipment against others; (ii) not modify, disturb, alter, remove, or
<br />otherwise tamper with any portion of the Equipment; (iii) not hire or permit anyone other than personnel authorized by
<br />Provider acting in their official capacities to perform any work on the Equipment; and (Iv) not move or relocate Equipment
<br />to another location or use it at an address other than the Service Site(s) without the prior written consent of Provider.
<br />(C) Any unauthorized connection or other tampering with the Services, Equipment, any system or its components will be
<br />cause for immediate disconnection of Services, termination of the Order and/or legal action, and Provider will be entitled to
<br />recover damages, including, but not limited to, the value of any Services and/or Equipment obtained in violation of the
<br />Order in addition to reasonable collection costs including, but not limited to, reasonable attorneys' fees. If any antenna or
<br />signal amplification system for use in connection with communication equipment hereafter installed on the Service Site
<br />interferes with the Services Provider provides under an Order, Provider will not be obligated to distribute a quality signal to
<br />the Service Site better than the highest quality which can be furnished as a result of such interference, until such time as
<br />the interference is eliminated or corrected by Customer or a third party.
<br />(D) Immediately on termination of Services, at the discretion of Provider, Customer shall return, or allow Provider to
<br />retrieve, the Equipment supplied by Provider to Customer, in good condition. Failure of Customer to return, or allow
<br />Provider to retrieve, Equipment within thirty days after Services are terminated will result in a charge to Customer's
<br />account equal to the full retail cost of replacement of the unreturned Equipment. In addition, Customer shall pay for the
<br />repair or replacement of any damaged Equipment (whether or not caused by Customer's negligent act, except for such
<br />repairs or replacements as may be necessary due to ordinary wear and tear or material/workmanship defects), together
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<br />ATTY/AGR/2013.176/ASTOUND 8ROA08AND - MSA
<br />REV. 10.07.13 MLG
<br />2013 ASTOUND BROADBAND
<br />Proprietary and Confldenrlut
<br />137
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