29 - Internet Services Agreement

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ATTACHMENT C ADDITIONAL TERMS AND SERVICE LEVEL AGREEMENT APPLICABLE FOR VYVE BROADBAND ENTERPRISE CLASS FIBER SERVICES ("FIBER SERVICE") The terms and conditions set forth in this AttachmentmmC (the "Additional Terms and Conditions") apply solely to the Fiber Service. In the event any term or condition of the Additional Terms and Conditions is inconsistent with any term or condition set forth in the General Terms and Conditions, the Additional Terms and Conditions shall prevail. i. Construction of Interconnection Facilities Link and Demarcation Point. i.i Unless otherwise agreed to in the Service Order, Customer shall, at its sole cost and expense, pay Vyve to construct such facilities (the "Construction Fee") as are reasonably necessary to interconnect Vyve's existing facilities to certain of Customer's facilities (hereinafter, such new construction shall be referred to as the "Interconnection Facilities") at a location identified in the Service Order (the "Demarcation Point(s)"), but in no event to a point greater than fifty (50) feet inside any building. Construction Fees are exclusive of any MRFs, Taxes, Fees and Other Charges. 1.2 Construction Activities. The construction of the Interconnection Facilities shall be performed by Vyve and/or by construction contractors and suppliers selected by Vyve in its sole and absolute discretion. Customer shall use commercially reasonable efforts to assist Vyve so as to minimize the cost of construction and shall further cooperate with Vyve in all ways reasonably necessary for Vyve to complete the Interconnection Facilities. Customer shall be responsible for all construction -related activities from and after the Demarcation Point(s). Construction specifications shall be governed by the requirements set forth in the National Electric Safety Code. 1.3 Construction Permits and Other Authorizations. Vyve shall use its commercially reasonable efforts to obtain all necessary permits, licenses or similar grants of authority to construct the Interconnection Facilities and Demarcation Point(s). Customer shall cooperate and use its commercially reasonable efforts to assist 'Vyve in filing the appropriate documentation required to obtain any permits, licenses or similar grants of authority needed to construct the Interconnection Facilities and Demarcation Point(s). After obtaining all necessary permits, licenses or similar grants of authority, Vyve shall use its commercially reasonable efforts to complete the construction of the Interconnection Facilities and Demarcation Point(s) on or before that date set forth in the Agreement. 2. Maintenance and Repair of the Interconnection Facilities and Demarcation Pointsj. Vyve shall promptly perform maintenance andrepair of the Interconnection Facilities and Demarcation Point(s) in accordance with industry standards and shall use not less than its commercially reasonable efforts to repair any damage that results in an interruption of the Fiber Service; provided, however, Customer shall promptly remit payment to Vyve within thirty (30) days of Vyve's billing therefor at Vyve's then -existing applicable rates for materials and labor (including any applicable overtime), for maintenance or repair arising out of or relating to Customer's or its employees' and its agents' negligence or intentional misconduct. Customer shall provide written notice to Vyve of any operational problems with the Fiber Service, Interconnection Facilities and Demarcation Points and will cooperate with Vyve to effect any needed repairs. s. Service Level Commitment. 3.1 Network Availabili The Vyve network shall be available for use by Customer with the Fiber Service provided under the Agreement at least 99.99% of the time as measured over the then current monthly period ("Network Availability"). Network Availability shall be calculated by dividing Page 20 of 24