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17. FORCE MAJEURE <br />Notwithstanding anything to the contrary contained herein, a Party shall have no liability to the <br />other hereunder due to circumstances beyond its control, including, but not limited to, acts of God, <br />terrorism, flood, fiber cuts (except to the extent caused by the negligence or gross negligence of <br />such party), natural disaster, regulation or governmental acts, fire, power surges or outages, civil <br />disturbance, weather, or any unauthorized access to or destruction or modification of the Service, in <br />whole or in part (each a "Force Majeure Event"). Notwithstanding anything to the contrary herein, <br />Customer may terminate the affected Service Order(s) in its entirety and without penalty if a Force <br />Majeure Event continues for more than ten (10) consecutive days and prevents Vyve from <br />delivering the Service subject to such Service Order(s). <br />18. REGULATORY AND LEGAL CHANGES, POLE ATTACHMENT AND CONDUIT <br />CHARGES, TARIFFS <br />In the event of any change in applicable law, regulation, decision, rule or order, including without <br />limitation any new application of or increase in universal service fees or other government- or <br />quasi -government -imposed charges that increases the costs or other terms of Vyve's delivery of <br />Service to Customer, or, in the event of any increase in pole attachment or conduit charges <br />applicable to any facilities used by Vyve in providing the Service, Customer acknowledges and <br />agrees that Vyve may pass through to Customer any such increased fees or costs, but only to the <br />extent of the actual increase, provided Vyve notifies Customer at least thirty (30) days in advance of <br />the increase. In such case, and if such increase materially increases the fees or charges due by <br />Customer hereunder for the applicable Service, Customer may, within thirty (30) days after <br />notification of such increase, terminate the affected Service without incurring termination liability, <br />provided Customer notifies Vyve at least fifteen (15) days in advance of Customer's requested <br />termination date. Further, in the event that Vyve is required to file tariffs or rate schedules with a <br />regulatory agency or otherwise publish its rates in accordance with regulatory agency rules or <br />policies respecting the delivery of the Service or any portion thereof, and Vyve is required under <br />applicable law to apply those rates to Customer's purchase of Service hereunder, then the terms set <br />forth in the applicable tariff or rate schedule shall govern Vyve's delivery of, and Customer's use or <br />consumption of the Service. In addition, if Vyve determines that offering or providing the Service, <br />or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then <br />Vyve may terminate this Master Agreement as to all any or all of the Service and any affected <br />Service Orders without liability, by giving Customer thirty (30) days prior written notice or any <br />such notice as is required by law or regulation applicable to such determination. <br />Page 14 of 24 <br />