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Customer understands and agrees that certain Services may not be available in all Vyve service <br />areas and that Vyve, upon entering into a Service Order with Customer may, at Vyve's discretion, <br />utilize one or more of its affiliates or another party to deliver the Services ("Third Party Services"). <br />The Third Party Services may be subject to additional terms and conditions. Unless otherwise set <br />forth on an applicable Service Order, Vyve shall use commercially reasonable efforts to provide the <br />Services identified in a Service Order seven (7) days a week, twenty-four (24) hours a day, <br />excluding scheduled maintenance, required repair and events beyond Vyve's reasonable control. <br />Vyve shall present Customer with a service order (either in electronic or print form) reflecting the <br />Services requested by Customer pursuant to this Master Agreement (in the form provided or <br />approved by Vyve or via a mutually agreed electronic order entry system). Upon Customer's <br />execution thereof, such service order(s), shall be deemed a "Service Order" hereunder and <br />incorporated into, and made a part of, this Master Agreement by this reference upon the earlier of (i) <br />Vyve's acceptance of such service order in writing; or (ii) Vyve's commencement of delivery of the <br />Service(s) set forth in such Service Order. In the event Customer cancels a Service Order prior to <br />Vyve actually delivering Service and Vyve incurs construction or installation charges in connection <br />therewith, Customer shall reimburse Vyve for such charges actually incurred. Customer agrees that <br />upon execution of a Service Order, Customer accepts and agrees to be legally bound by the terms <br />and conditions set forth in such Service Order, this Master Agreement and Attachment hereto, the <br />Business AUP and the other policies on Vyve's website incorporated by reference herein and <br />governing the Services to which Customer subscribes. <br />3. SERVICE AND EQUIPMENT INSTALLATION <br />Customer shall obtain and maintain, or ensure that each Customer employee or branch office to <br />whom Service will be provided, or who shall use the Service, as applicable (each, the "End User"), <br />shall obtain and maintain throughout the Term such consents (including without limitation landlord <br />and land owner consents) as are necessary to timely permit, and shall timely permit, Vyve personnel <br />to install, deliver, operate and maintain the Service and Vyve Equipment (as defined in Section 5 <br />below) as contemplated herein at Customer's and any End User's facilities. Customer shall permit <br />Vyve reasonable access to Customer's and any End User's facilities at any time as needed to install, <br />configure, upgrade, maintain or remove the Vyve Equipment and other Service components <br />collocated at such facilities. Customer shall make and maintain throughout the Term all reasonable <br />site preparations necessary to permit the installation, maintenance and operation of the Service and <br />any Vyve Equipment as specified by Vyve and that is required to provide the Services hereunder. <br />In addition, Customer will provide Vyve with floor space, rack space, other space and clean power <br />as is reasonably necessary for the installation and operation of Vyve Equipment at the Customer <br />locations identified in a Service Order for the applicable term of such Service Order. Customer <br />shall not charge Vyve, and shall ensure that Vyve does not incur, any fees or expenses whatsoever <br />Page 2 of 24 <br />