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<br /> 3.11 Fraudulent Use of Service.Customer is responsible Services, any and all applicable Termination Charges, and the
<br /> for all charges attributable to Customer with respect to the return of all applicable Comcast Equipment. Comcast may
<br /> Service(s), even if incurred as the result of fraudulent or terminate the Agreement if Customer does not take any
<br /> unauthorized use of the Service. Comcast may, but is not Service under a Sales Order for twelve (12) consecutive
<br /> obligated to,detect or report unauthorized or fraudulent use of months or longer.
<br /> Services to Customer. Comcast reserves the right to restrict,
<br /> suspend or discontinue providing any Service in the event of 5.2 'Termination for Cause.If either Party breaches any
<br /> fraudulent use of Customer's Service. material term of the Agreement, other than a payment term,
<br /> and the breach continues un-remedied for thirty (30) days
<br /> after written notice of default, the other Party may terminate
<br /> ARTICLE 4 TERM,•REVENI,lE COMMITMENT for cause any Sales Order materially affected by the breach. If
<br /> Customer is in breach of a payment obligation (including
<br /> 4.1 Agreement Term. Upon execution of the failure to pay a required deposit)and fails to make payment in
<br /> Agreement, Customer shall be allowed to submit full within ten (10) days after receipt of written notice of
<br /> Sales Orders to Comcast during the term referenced default, Comcast may, at its option, terminate the Agreement,
<br /> on the Master Service Agreement Cover Page("MSA terminate the affected Sales Orders,suspend Service under the
<br /> Term").After the expiration of the initial MSA Term, affected Sales Orders, and/or require a deposit, advance
<br /> Comcast may continue to accept Sales Orders from payment, or other satisfactory assurances in connection with
<br /> Customer under the Agreement,or require the Parties any or all Sales Orders as a condition of continuing to provide
<br /> to execute a new agreement. This Agreement shall Service; except that Comcast will not take any such action as
<br /> continue in effect until the expiration or termination a result of Customer's non-payment of a charge subject to a
<br /> date of the last Sales Order entered under the timely billing dispute, unless Comcast has reviewed the
<br /> Agreement, unless terminated earlier in accordance dispute and determined in good faith that the charge is correct.
<br /> with the Agreement. A Sales Order may be terminated by either Party immediately
<br /> upon written notice if the other Party has become insolvent or
<br /> involved in liquidation or termination of its business, or
<br /> 4.2 Sales Order Term/Revenue Commitment. The adjudicated bankrupt, or been involved in an assignment for
<br /> applicable Service Term and Revenue Commitment (if any) the benefit of its creditors. Termination by either Party of a
<br /> shall be set forth in the Sales Order. Unless otherwise stated Sales Order does not waive any other rights or remedies that it
<br /> in these terms and conditions or the applicable PSA,if a Sales may have under this Agreement. The non-defaulting Party
<br /> Order does not specify a term of service, the Service Term shall be entitled to all available legal and equitable remedies
<br /> shall be one (1) year from the Service Commencement Date. for such breach.
<br /> In the event Customer fails to satisfy a Revenue Commitment,
<br /> Customer will be billed a shortfall charge pursuant to the
<br /> terms of the applicable PSA. 5.3 Effect of Expiration/Termination of a Sales Order.
<br /> 4.3 Sales Order Renewal. Upon the expiration of the Upon the expiration or termination of a Sales Order for any
<br /> Service Term,and unless otherwise agreed to by the Parties in reason:
<br /> the Sales Order, each Sales Order shall automatically renew
<br /> for successive periods of one (1) year each ("Renewal A. Comcast shall disconnect the applicable Service;
<br /> Term(s)"), unless otherwise stated in these terms and
<br /> conditions or prior notice of non-renewal is delivered by either B. Comcast may delete all applicable data, files,
<br /> Party to the other at least thirty(30)days before the expiration electronic messages,or other information stored on Comcast's
<br /> of the Service Term or the then current Renewal Term. servers or systems;
<br /> Effective at any time after the end of the Service Term and
<br /> from time to time thereafter,Comcast may,modify the charges C. If Customer has terminated the Sales Order prior to
<br /> for Ethernet, Internet and/or Video Services subject to thirty the expiration of the Service Term for convenience, or if
<br /> (30)days prior written notice to Customer.Customer will have Comcast has terminated the Sales Order prior to the expiration
<br /> thirty (30) days from receipt of such notice to cancel the of the Service Term as a result of material breach by
<br /> applicable Service without further liability. Should Customer Customer, Comcast may assess and collect from Customer
<br /> fail to cancel within this timeframe, Customer will be deemed applicable Termination Charges(if any);
<br /> to have accepted the modified Service pricing.
<br /> D. Customer shall, permit Comcast to retrieve from the
<br /> ARTICLE 5.TERMINATION WITHOUT FAULT;_ applicable Service Location any and all Comcast Equipment.
<br /> DEFAULT If Customer fails to permit such retrieval or if the retrieved
<br /> 5.1 Termination for Convenience.Notwithstanding any Comcast Equipment has been damaged and/or destroyed other
<br /> other term or provision in this Agreement, Customer shall than by Comcast or its agents,normal wear and tear excepted,
<br /> have the right, in its sole discretion, to terminate any or all Comcast may invoice Customer for the manufacturer's list
<br /> Sales Order(s) at any time during the Service Term(s), upon price of the relevant Comcast Equipment, or in the event of
<br /> thirty(30)days prior written notice to Comcast and subject to minor damage to the retrieved Comcast Equipment,the cost of
<br /> payment to Comcast of all outstanding amounts due for the repair, which amounts shall be immediately due and payable;
<br /> and
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