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29 - Internet Services Agreement
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29 - Internet Services Agreement
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in connection with Customer's provision of space, power or access as described herein, or otherwise <br />in connection with Customer's performance of its obligations pursuant to this Section 3; and any <br />such fees or expenses charged by any End User shall be borne solely by Customer. <br />Provided that Customer properly performs all necessary site preparation and provides Vyve with all <br />required consents, Vyve shall use commercially reasonable efforts to install the Service within a <br />reasonable timeframe. Vyve shall provide Customer with a completion notice ("Completion <br />Notice") upon completion of the installation of a Service. For the avoidance of doubt, receipt by <br />Customer of the invoice pertaining to such installation costs shall be deemed acceptable <br />documentation of a "Completion Notice" for purposes of this Master Agreement. The date of <br />receipt by Customer of the Completion Notice shall be the date on which the Service shall <br />commence. In the event that Vyve is unable to install the Service in accordance with the agreed <br />upon schedule as a result of (a) Customer's (or any End User's) failure to deliver any required <br />materials, support or information to Vyve; or (b) Vyve not being able to obtain access to equipment <br />or software at the installation location as necessary for installation of the Service, then Customer <br />will pay Vyve an installation fee at Vyve's then prevailing rates for any installation trip made by <br />Vyve and an additional installation fee for each subsequent trip necessary to perform the Service <br />installation. Interconnection of the Service and Vyve Equipment with Customer's or any End <br />User's, as applicable, equipment will be performed by Customer, unless otherwise agreed to in <br />writing between the Parties. Customer shall be solely responsible for securing and maintaining any <br />and all Customer equipment where applicable. <br />4. RIGHT OF ENTRY. If Customer is the owner of the premises where the Services will be <br />provided (the "Premises"), the following additional terms shall apply: <br />a. S <br />stem; Services. Customer hereby grants to Vyve the non-exclusive right to install, operate, <br />inspect, maintain, modify, repair, replace, relocate and remove a coaxial cable, fiber and/or <br />wireless communication services distribution system (the "System") and to market, sell and <br />provide multichannel video, data, phone and other services ("Service Offerings") to and from the <br />Premises. Vyve will install and maintain the System at the Premises at its sole cost and expense, <br />in a good and workmanlike manner and in accordance with good engineering practices and all <br />applicable laws, rules and regulations. <br />b. Ownership. and Use. The System will be and remain the sole personal property of Vyve and will <br />not be deemed to be affixed to the Premises. Customer will not, and will not authorize any other <br />party to, tamper with, attach to or use any portion of the System without the prior written <br />approval of Vyve. If any of the System is not removed from the Premises prior to the expiration <br />of this Section 4 (as set forth in subsection (d) below), then Vyve will be deemed to have <br />Page 3 of 24 <br />
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