29 - Internet Services Agreement

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or replacement, at Vyve's discretion, of any Vyve Equipment not returned in accordance with this Section 12. c. Early Termination. Notwithstanding anything to the contrary contained herein, in the event this Master Agreement or any Service Order hereunder terminates for any reason other than as set forth in this Section 12(a)(i) or (ii) above or by Vyve for any reason set forth in this Section 12(a)(i) or (ii) above, Customer shall, at Vyve's discretion, promptly pay Vyve an early termination fee equal to: (1) one -hundred percent (100%) of the full amount of the Service Charges that Customer would have been charged for the remainder of the Initial Term or the then -current Renewal Term if such termination occurs within the first twenty-four (24) months of the Term and (2) fifty percent (50%) of the full amount of the Service Charges that Customer would have been charged for the remainder of the Initial Term or the then -current Renewal Term if such termination occurs after the first twenty-four (24) months of the Term. Any such Customer termination shall only be effective upon not less than thirty (30) days' written notice to Vyve. Additionally, in the event Customer terminates a portion, but not all, of the Services ordered hereunder, Vyve may increase the rates for any remaining Services effective upon notice to Customer. d. Portability. Customer may, upon written notice to Vyve, discontinue or terminate Service, prior to the end of an Order Term, without payment of the applicable early termination charge set forth in Sectionif. (i) Customer replaces the affected Service at a new location, so long as .. 1_w2, µ the value of the replacement Service is equal to or greater than the Service being replaced, and (ii) Customer pays all non-recurring charges applicable to the replacement Service (including, without limitation, all construction expenses); and (iii) Customer pays any applicable third party termination liability applicable to the Service being terminated. e. The foregoing termination rights shall be in addition to any other rights and remedies that Vyve may have under the Master Agreement or at law or equity. 13. RESERVED 14. DISCLAIMER OF WARRANTY CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND USES THE SAME AT ITS OWN RISK. VYVE EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE, AND VYVE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS MASTER Page 11 of 24