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11-13-17-R
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11-13-17-R
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4 <br /> <br />Comcast agrees to abide by all applicable laws and regulations. In the event Comcast ceases to <br />provide services or at the conclusion or termination of all agreements between Customer and <br />Comcast, if applicable to the Service, Comcast shall use its best efforts to return all Customer data <br />to the Customer in a Customer-approved format and purge such data from Comcast computers and <br />storage devices. Comcast will provide written verification of data purge if applicable. <br /> 4. Article 2.5 "Ownership, Impairment and Removal of Network" is hereby <br />modified to read as follows: <br />Network is and shall remain the property of Comcast regardless of whether installed within or upon <br />the Service Location(s) and whether installed overhead, above, or underground and shall not be <br />considered a fixture or addition to the land or the Service Location(s) located thereon. Customer <br />agrees that it shall take no action that directly or indirectly impairs Comcast's title to the Network, <br />or any portion thereof, or exposes Comcast to any claim, lien, encumbrance, or legal process, <br />except as otherwise agreed in writing by the Parties. Nothing in this Agreement shall preclude <br />Comcast from using the Network for services provided to other Comcast customers. For a period of <br />six (6) months following Comcast's discontinuance of Service to the Service Location(s), Comcast <br />retains the right to remove the Network including, but not limited to, that portion of the Network <br />that is located in the Service Location. To the extent Comcast removes such portion of the Network <br />it shall be responsible for returning the Service Location(s) to its prior condition, reasonable wear <br />and tear excepted. <br /> 5. Article 2.7 "Engineering Review" is modified to read as follows: <br />Engineering Review. Each Sales Order submitted by Customer may be subject to an engineering <br />review. The engineering review will determine whether and to what extent the Network must be <br />extended, built or upgraded ("Custom Installation") in order to provide the ordered Services at the <br />requested Service Location(s). Comcast will provide Customer written notification in the event <br />Service installation at any Service Location will require an additional non-recurring installation fee <br />("Custom Installation Fee"). Custom Installation Fees may also be referred to as Construction <br />Charges on a Sales Order or Invoice. Customer will have five (5) business days from receipt of <br />such notice to reject the Custom Installation Fee and terminate, without further liability, the Sales <br />Order with respect to the affected Service Location(s). Failure to respond within five (5) business <br />days will be deemed a rejection. For certain Services, the Engineering Review will be conducted <br />prior to Sales Order submission. In such case, Customer will have accepted the designated Custom <br />Installation Fee upon submission of the applicable Sales Order. <br /> 6. Article 3.3 "Payment of Bills" is hereby modified to read as follows: <br />Except as otherwise indicated herein or in a PSA, Comcast will invoice Customer in advance on a <br />monthly basis for all monthly recurring charges and fees arising under the Agreement. All other <br />charges will be billed monthly in arrears, including without limitation certain usage based charges <br />and third party pass through fees. Payment is due upon presentation of an invoice. Payment will be
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