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Exhibit B-3
<br />services, purchasing or subscribing to other offerings via the
<br />Internet or interactive options on certain Video services, or
<br />otherwise. Customer agrees that all such charges, including
<br />all applicable taxes, are Customer's sole responsibility. In
<br />addition, Customer is solely responsible for protecting the
<br />security of credit card information provided to others in
<br />connection with such transactions.
<br />3.3 Payment of Bills. Except as otherwise indicated
<br />herein or in a PSA, Comcast will invoice Customer in advance
<br />on a monthly basis for all monthly recurring charges and fees
<br />arising under the Agreement. All other charges will be billed
<br />monthly in arrears, including without limitation certain usage
<br />based charges and third party pass through fees. Payment is
<br />due upon presentation of an invoice. Payment will be
<br />considered timely made to Comcast if received within thirty
<br />(30) days after the invoice date. Any charges not paid to
<br />Comcast within such period will be considered past due. If a
<br />Service Commencement Date is not the first day of a billing
<br />period, Customer's first monthly invoice shall include any
<br />pro -rated charges for the Services, from the date of installation
<br />to the start of the next billing period. In certain cases, Comcast
<br />may agree to provide billing services on behalf of third parties,
<br />as the agent of the third party. Any such third -party charges
<br />shall be payable pursuant to any contract or other arrangement
<br />between the third party and Customer and/or Comcast.
<br />Comcast shall not be responsible for any dispute regarding
<br />these charges between Customer and such third party.
<br />Customer must address all such disputes directly with the third
<br />ply.
<br />3.4 Partial Payment. Partial payment of any bill will be
<br />applied to the Customer's outstanding charges in amounts and
<br />proportions solely determined by Comcast. No acceptance of
<br />partial payment(s) by Comcast shall constitute a waiver of any
<br />rights to collect the full balance owed under the Agreement.
<br />3.5 Credit Approval and Deposits. Initial and ongoing
<br />delivery of Services may be subject to credit approval.
<br />Customer shall provide Comcast with credit information
<br />requested by Comcast. Customer authorizes Comcast to make
<br />inquiries and to receive information about Customer's credit
<br />history from others and to enter this information in Customer's
<br />records. Customer represents and warrants that all credit
<br />information that it provides to Comcast will be true and
<br />correct. Comcast, in its sole discretion, may deny the Services
<br />based upon an unsatisfactory credit history. Additionally,
<br />subject to applicable regulations, Comcast may require
<br />Customer to make a deposit (in an amount not to exceed an
<br />estimated two months charge for the Services) as a condition
<br />to Comcast's provision of the Services, or as a condition to
<br />Comcast's continuation of the Services. The deposit will not,
<br />unless explicitly required by law, bear interest and shall be
<br />held by Comcast as security for payment of Customer's
<br />charges. Comcast may apply the deposit to any delinquent
<br />Customer charges upon written notice to Customer. If
<br />Comcast uses any or all of the deposit to pay an account
<br />delinquency, Customer will replenish the deposit by that
<br />amount within five (5) days of its receipt of written notice
<br />from Comcast. If the provision of Service to Customer is
<br />terminated, or if Comcast determines in its sole discretion that
<br />such deposit is no longer necessary, then the amount of the
<br />deposit (plus any required deposit interest) will be credited to
<br />Customer's account or will be refunded to Customer, as
<br />determined by Comcast.
<br />3.6 Taxes and Fees. Except to the extent Customer
<br />provides a valid tax exemption certificate prior to the delivery
<br />of Service, Customer shall be responsible for the payment of
<br />any and all applicable local, state, and federal taxes or fees
<br />(however designated). Customer also will be responsible to
<br />pay any Service fees, payment obligations and taxes that
<br />become applicable retroactively.
<br />3.7 Other Government -Related Costs and Fees.
<br />Comcast reserves the right to invoice Customer for any fees or
<br />payment obligations in connection with the Services imposed
<br />by governmental or quasi -governmental bodies in connection
<br />with the sale, installation, use, or provision of the Services,
<br />including, without limitation, applicable franchise fees, right
<br />of way fees and Universal Service Fund charges (if any),
<br />regardless of whether Comcast or its Affiliates pay the fees
<br />directly or are required by an order, rule, or regulation of a
<br />taxing jurisdiction to collect them from Customer. Taxes and
<br />other government -related fees and surcharges may be changed
<br />with or without notice, In the event that any newly adopted
<br />law, rule, regulation or judgment increases Comcast's costs of
<br />providing Services, Customer shall pay Comcast's additional
<br />costs of providing Services under the new law, rule, regulation
<br />or judgment.
<br />3.8 Disputed Invoice. If Customer disputes any portion
<br />of an invoice by the due date, Customer must pay fifty percent
<br />(50%) of the disputed charges, in addition to the undisputed
<br />portion of the invoice and submit a written claim, including all
<br />documentation substantiating Customer's claim, to Comcast
<br />for the disputed amount of the invoice by the invoice due date.
<br />The Parties shall negotiate in good faith to resolve any billing
<br />dispute. Comcast will refund/credit all valid disputes resolved
<br />in Customer's favor as of the date the disputed charges first
<br />appeared on the Customer's invoice.
<br />3.9 Past -Due Amounts. Any payment not made when
<br />due will be subject to a late charge of 1.5% per month or the
<br />highest rate allowed by law on the unpaid invoice, whichever
<br />is lower. If Customer's account is delinquent, Comcast may
<br />refer the account to a collection agency or attorney that may
<br />pursue collection of the past due amount and/or any Comcast
<br />Equipment which Customer fails to return in accordance with
<br />the Agreement. If Comcast is required to use a collection
<br />agency or attorney to collect any amount owed by Customer
<br />or any unreturned Comcast Equipment, Customer agrees to
<br />pay all reasonable costs of collection or other action. The
<br />remedies set forth herein are in addition to and not in
<br />limitation of any other rights and remedies available to
<br />Comcast under the Agreement or at law or in equity.
<br />3.10 Rejected Payments. Except to the extent otherwise
<br />prohibited by law, Customer will be assessed a service charge
<br />up to the full amount permitted under applicable law for any
<br />check or other instrument used to pay for the Services that has
<br />been rejected by the bank or other financial institution.
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