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Service Commencement Date: The date(s) on
<br />Comcast first makes Service available for use by Custo
<br />single Sales Order containing multiple Service Locations or
<br />Services may have multiple Service Commencement Dates.
<br />Service Location(s): The Customer location(s) where
<br />Comcast provides the Services, to the extent the Customer
<br />owns, leases, or otherwise controls such location(s).
<br />Service Term: The duration of time (commencing on the
<br />Service Commencement Date) for which Services are ordered,
<br />as specified in a Sales Order.
<br />Tariff: A federal or state Comcast tariff and the successor
<br />documents of general applicability that replace such tariff in
<br />the event of detariffing.
<br />Termination Charges: Charges that may be imposed by
<br />Comcast if, prior to the end of the applicable Service Term (a)
<br />Comcast terminates Services for cause or (b) Customer
<br />terminates Services without cause. Termination Charges are as
<br />set forth in each PSA, and are in addition to any other rights
<br />and remedies under the Agreement.
<br />ARTICLE 1. CHANGES TO THE AGREEMENT
<br />TERMS
<br />Comcast may change or modify the Agreement, and any
<br />related policies from time to time ("Revisions") by posting
<br />such Revisions to the Comcast Website. The Revisions are
<br />effective upon posting to the Website. Customer will receive
<br />notice of the Revisions in the next applicable monthly invoice.
<br />Customer shall have thirty (30) calendar days from the invoice
<br />notice of such Revisions to provide Comcast with written
<br />notice that the Revisions adversely affect Customer's use of
<br />the Service(s). If after notice Comcast is able to verify such
<br />adverse affect but is unable to reasonably mitigate the
<br />Revision's impact on such Services, then Customer may
<br />terminate the impacted Service(s) without further obligation to
<br />Comcast beyond the termination date, including Termination
<br />Charges, if any. This shall be Customer's sole and exclusive
<br />remedy.
<br />ARTICLE 2. DELIVERY OF SERVICE
<br />2.1 Orders. Customer shall submit to Comcast a
<br />properly completed Sales Order to initiate Service to a Service
<br />Location(s). A Sales Order shall become binding on the
<br />Parties when (i) it is specifically accepted by Comcast either
<br />electronically or in writing, (ii) Comcast begins providing the
<br />Service described in the Sales Order or (iii) Comcast begins
<br />Custom Installation (as defined in Article 2.7) for delivery of
<br />the Services described in the Sales Order, whichever is earlier.
<br />When a Sales Order becomes effective it shall be deemed part
<br />of, and shall be subject to, the Agreement.
<br />2.2 Access. In order to deliver certain Services to
<br />Customer, Comcast may require access, right-of-way, conduit,
<br />and/or common room space ("Access"), both within and/or
<br />outside each Service Location. Customer shall provide an
<br />adequate environmentally controlled space and such electricity
<br />as may be required for installation, operation, and
<br />Exhibit B-3
<br />which m
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<br />aintenance of the Comcast Equipment used to provide the
<br />rvices within the Service Location(s). Customer shall be
<br />responsible for securing, and maintaining on an initial and
<br />ongoing basis during the applicable Service Term and/or
<br />Renewal Term, such Access within each Service Location
<br />unless Comcast has secured such access prior to this
<br />Agreement. In the event that Customer, fails to secure or
<br />maintain such Access within a particular Service Location,
<br />Comcast may cancel or terminate Service at such particular
<br />Service Location, without further liability, upon written notice
<br />to Customer. In such event, if Comcast has incurred any costs
<br />or expense in installing or preparing to install the Service that
<br />it otherwise would not have incurred, a charge equal to those
<br />costs and expenses shall apply to Customer's final invoice for
<br />that particular Service Location. If Comcast is unable to
<br />secure or maintain Access outside a particular Service
<br />Location, which Access is needed to provide Services to such
<br />Service Location, Customer or Comcast may cancel or
<br />terminate Service at such particular Service Location, without
<br />further liability beyond the termination date, upon a minimum
<br />thirty (30) days' prior written notice to the other party. In such
<br />event, if Comcast has incurred any costs or expense in
<br />installing or preparing to install the Service that it otherwise
<br />would not have incurred, Comcast shall be responsible for
<br />such costs or expenses. Any other failure on the part of
<br />Customer to be ready to receive Service, or any refusal on the
<br />part of Customer to receive Service, shall not relieve
<br />Customer of its obligation to pay charges for any Service that
<br />is otherwise available for use.
<br />2.3 Hazardous Materials. If the presence of asbestos or
<br />other hazardous materials exists or is detected at a Service
<br />Location or within the building where the Service Location is
<br />located, Comcast may immediately stop providing Services
<br />until such a time as such materials are removed. Alternatively
<br />Customer may notify Comcast to install the applicable portion
<br />of the Service in areas of any such Service Location not
<br />containing such hazardous material. Any additional expense
<br />incurred by Comcast as a result of encountering hazardous
<br />materials, including but not limited to, any additional
<br />equipment shall be borne by Customer. Customer shall use
<br />reasonable efforts to maintain its property and Service
<br />Locations in a manner that preserves the integrity of the
<br />Services.
<br />2.4 Comcast Equipment. At any time Comcast may
<br />remove or change Comcast Equipment in its sole discretion in
<br />connection with providing the Services. Customer shall not
<br />move, rearrange, disconnect, remove, attempt to repair, or
<br />otherwise tamper with any Comcast Equipment or permit
<br />others to do so, and shall not use the Comcast Equipment for
<br />any purpose other than that authorized by the Agreement.
<br />Comcast shall maintain Comcast Equipment in good operating
<br />condition during the term of this Agreement; provided,
<br />however, that such maintenance shall be at Comcast's expense
<br />only to the extent that it is related to and/or resulting from the
<br />ordinary and proper use of the Comcast Equipment.
<br />Customer is responsible for damage to, or loss of, Comcast
<br />Equipment caused by its acts or omissions, and its
<br />noncompliance with this Article, or by fire, theft or other
<br />casualty at the Service Location(s), unless caused by the gross
<br />negligence or willful misconduct of Comcast.
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