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Exhibit B-3
<br />2.8 Service Acceptance. Except as may otherwise be
<br />2.5 Ownership, Impairment and Removal of Network
<br />The Network is and shall remain the property of Comcast
<br />regardless of whether installed within or upon the Service
<br />Location(s) and whether installed overhead, above, or
<br />underground and shall not be considered a fixture or an
<br />addition to the land or the Service Location(s) located thereon.
<br />Customer agrees that it shall take no action that directly or
<br />indirectly impairs Comcast's title to the Network, or any
<br />portion thereof, or exposes Comcast to any claim, lien,
<br />encumbrance, or legal process, except as otherwise agreed in
<br />writing by the Parties. Nothing in this Agreement shall
<br />preclude Comcast from using the Network for services
<br />provided to other Comcast customers. For a period of twelve
<br />(12) months following Comcast's discontinuance of Service to
<br />the Service Location(s), Comcast retains the right to remove
<br />the Network including, but not limited to, that portion of the
<br />Network that is located in the Service Location. To the extent
<br />Comcast removes such portion of the Network it shall be
<br />responsible for returning the Service Location(s) to its prior
<br />condition, reasonable wear and tear excepted.
<br />2.6 Customer -Provided Equipment ("CE"). Comcast
<br />shall have no obligation to install, operate, or maintain CE.
<br />Customer shall have sole responsibility for providing
<br />maintenance, repair, operation and replacement of all CE,
<br />inside telephone wiring and other Customer equipment and
<br />facilities on the Customer's side of the Demarcation Point.
<br />Neither Comcast nor its employees, Affiliates, agents or
<br />contractors will be liable for any damage, loss, or destruction
<br />to CE, unless caused by the gross negligence or willful
<br />misconduct of Comcast. CE shall at all times be compatible
<br />with the Network as determined by Comcast in its sole
<br />discretion. In addition to any other service charges that may be
<br />imposed from time to time, Customer shall be responsible for
<br />the payment of service charges for visits by Comcast's
<br />employees or agents to a Service Location when the service
<br />difficulty or trouble report results from the use of CE or
<br />facilities provided by any party other than Comcast.
<br />2.7 Engineering Review. Each Sales Order submitted
<br />by Customer may be subject to an engineering review. The
<br />engineering review will determine whether and to what extent
<br />the Network must be extended, built or upgraded ("Custom
<br />Installation") in order to provide the ordered Services at the
<br />requested Service Location(s). Comcast will provide
<br />Customer written notification in the event Service installation
<br />at any Service Location will require an additional non-
<br />recurring installation fee ("Custom Installation Fee"). Custom
<br />Installation Fees may also be referred to as Construction
<br />Charges on a Sales Order or Invoice. Customer will have five
<br />(5) days from receipt of such notice to reject the Custom
<br />Installation Fee and terminate, without further liability, the
<br />Sales Order with respect to the affected Service Location(s).
<br />For certain Services, the Engineering Review will be
<br />conducted prior to Sales Order submission. In such case,
<br />Customer will have accepted the designated Custom
<br />Installation Fee upon submission of the applicable Sales
<br />Order.
<br />identified in the applicable PSA, the Service Commencement
<br />Date shall be the date Comcast completes installation and
<br />connection of the necessary facilities and equipment to
<br />provide the Service at a Service Location.
<br />2.9 Administrative Website. Comcast may furnish
<br />Customer with one or more user identifications and/or
<br />passwords for use on the Administrative Website. Customer
<br />shall be responsible for the confidentiality and use of such
<br />user identifications and/or passwords and shall immediately
<br />notify Comcast if there has been an unauthorized release, use
<br />or other compromise of any user identification or password.
<br />In addition, Customer agrees that its authorized users shall
<br />keep confidential and not distribute any information or other
<br />materials made available by the Administrative Website.
<br />Customer shall be solely responsible for all use of the
<br />Administrative Website, and Comcast shall be entitled to rely
<br />on all Customer uses of and submissions to the Administrative
<br />Website as authorized by Customer. Comcast shall not be
<br />liable for any loss, cost, expense or other liability arising out
<br />of any Customer use of the Administrative Website or any
<br />information on the Administrative Website. Comcast may
<br />change or discontinue the Administrative Website, or
<br />Customer's right to use the Administrative Website, at any
<br />time. Additional terms and policies may apply to Customer's
<br />use of the Administrative Website. These terms and policies
<br />will be posted on the site.
<br />ARTICLE 3. BILLING AND PAYMENT
<br />3.1 Charges. Except as otherwise provided in the
<br />applicable PSA, Customer shall pay Comcast one hundred
<br />percent (100%) of the Custom Installation Fee prior to the
<br />installation of Service. Customer further agrees to pay all
<br />charges associated with the Services, as set forth or referenced
<br />in the applicable PSA, Sales Order(s) or invoice from
<br />Comcast. These charges may include, but are not limited to
<br />standard and custom non -recurring installation charges,
<br />monthly recurring service charges, usage charges including
<br />without limitation charges for the use of Comcast Equipment,
<br />per -call charges, pay -per -view charges, charges for service
<br />calls, maintenance and repair charges, and applicable federal,
<br />state, and local taxes, fees, surcharges and recoupments
<br />(however designated). Some Services such as measured and
<br />per -call charges, pay -per -view movies or events, and
<br />interactive television (as explained in the applicable PSA) may
<br />be invoiced after the Service has been provided to Customer.
<br />Except as otherwise indicated herein or in the applicable
<br />PSA(s) monthly recurring charges for Ethernet, Video and
<br />Internet Services that are identified on a Sales Order shall not
<br />increase during the Service Term. Except as otherwise
<br />indicated herein or in the Sales Order(s), Voice Service
<br />pricing, charges and fees can be found in the applicable PSA.
<br />3.2 Third -Party Charges. Customer may incur charges
<br />from third party service providers that are separate and apart
<br />from, or based on the amounts charged by Comcast. These
<br />may include, without limitation, charges resulting from
<br />wireless services including roaming charges, accessing on-line
<br />services, calls to parties who charge for their telephone based
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