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<br /> 10.3 ftiyacy Note Regarding Information Provided to 11.4 Entire UnderstandinE. The Agreement, together
<br /> Third Parties.Comcast is not responsible for any information with any applicable Tariffs;constitutes the entire understanding
<br /> provided by Customer to third parties. Such information is not of the Parties related to the subject matter hereof. The
<br /> subject to the privacy provisions of this Agreement. Customer Agreement supersedes all prior agreements, proposals,
<br /> assumes all privacy and other risks associated with providing representations, statements, or understandings, whether
<br /> personalty identifiable information to third parties via the written or oral,concerning the Services or the Parties'rights or
<br /> Services. obligations relating to Services. Any prior representations,
<br /> promises, inducements, or statements of intent regarding the
<br /> 10.4 p'roh'ibition on Resale. Customer may not sell, Services that are not embodied in the Agreement are of no
<br /> resell, sublease, assign, license, sublicense, share, provide, or effect. No subsequent agreement among the Parties concerning
<br /> otherwise utilize in conjunction with a third party (including, Service shall be effective or binding unless it is made in writing
<br /> without limitation, in any joint venture or as part of any by authorized representatives of the Parties. Terms or conditions.
<br /> outsourcing activity)the Services or any component thereof. contained in any Sales Order, or restrictive endorsements or
<br /> other statements on any form of payment,shall be void and of
<br /> 10.5 Violation. Any breach of this Article 10 shall be no force or effect,
<br /> deemed a material breach of this Agreement. In the event of
<br /> such material breach, Comcast shall have the right to restrict, 11.5 Tariffs. Notwithstanding anything to the contrary in
<br /> suspend, or terminate immediately any or all Sales Orders, the Agreement, Comcast may elect or be required to file with
<br /> without liability on the part of Comcast, and then to notify regulatory agencies tariffs for certain Services. In such event,
<br /> Customer of the action that Comcast has taken and the reason the terms set forth in the Agreement may, under applicable
<br /> for such action, in addition to any and all other rights and law,be superseded by the terms and conditions of the Tariffs.
<br /> remedies under this Agreement. Without limiting the generality of the foregoing, in the event
<br /> ARTICLE 11. MISCELLANEOUS TERMS of any inconsistency with respect to rates, the rates and other
<br /> terms set forth in the applicable Sales Order shall be treated as
<br /> 11.1 Force Majeure. Neither Party (and in the case of individual case based arrangements to the maximum extent
<br /> Comcast,Comcast affiliates and subsidiaries)shall be liable to permitted by law, and Comcast shall take such steps as are
<br /> the other Party for any delay, failure in performance, loss, or required by law to make the rates and other terms enforceable.
<br /> damage to the extent caused by force majeure conditions such If Comcast voluntarily or involuntarily cancels or withdraws a
<br /> as acts of God,fire, explosion,power blackout,cable cut,acts as under which a Service is provided to Customer, the
<br /> Service will thereafter be provided pursuant to the Agreement
<br /> of regulatory or governmental agencies, unavailability of
<br /> right-of--way or materials, or other causes beyond the Party's and the terms and conditions contained in the Tariff
<br /> immediately prior to its cancellation or withdrawal. In the
<br /> reasonable control, except that Customer's obligation to pay
<br /> event that Comcast is required by a governmental authority to
<br /> for Services provided under the Agreement shall not be
<br /> excused. Changes in economic, business or competitive modify a Tariff under which Service is provided to Customer
<br /> condition shall not be considered force majeure events. in a manner that is material and adverse to either Party, the
<br /> affected Party may terminate the applicable Sales Order upon
<br /> 11.2 Assignment or Transfer. Customer shall a minimum thirty (30) days' prior written notice to the other
<br /> not assign any right,obligation or duty,in whole or in part,nor Party,without further liability
<br /> of any other interest hereunder, without the prior written 11.6 Construction. In the event that any portion of the
<br /> consent of Comcast, which shall not be unreasonably Agreement is held to be invalid or unenforceable, the Parties
<br /> withheld. All obligations and duties of either Party under this shall replace the invalid or unenforceable portion with another
<br /> Agreement shall be binding on all successors in interest and provision that, as nearly as possible, reflects the original
<br /> assigns of such Party. Nothing herein is intended to limit intention of the Parties, and the remainder of the Agreement
<br /> Comcast s use of third-party consultants and contractors to shall remain in full force and effect.
<br /> perform Services under a Sales Order.
<br /> 11.3 Notices. Any notice sent pursuant to the Agreement 11.7 Survival. The rights and obligations of either Party
<br /> shall be deemed given and effective when sent by facsimile that by their nature would continue beyond the termination or
<br /> (confirmed by first-class mail), or when delivered by expiration of a Sales Order shall survive termination or
<br /> overnight express or other express delivery service, in each expiration of the Sales Order.
<br /> case as follows: (i) with respect to Customer, to the address 11.8 Choice of Law. The domestic law of the state in
<br /> set forth on any Sales Order; or(ii) with respect to Comcast, which the Service is provided shall govern the construction,
<br /> to: Vice President/Enterprise Sales, One Comcast Center, interpretation, and performance of this Agreement, except to
<br /> 1701 JFK Blvd.,Philadelphia,PA 19103,with a copy to Cable the extent superseded by federal law.
<br /> Law Department, One Comcast Center, 50'Floor, 1701 JFK
<br /> Blvd., Philadelphia, PA 19103. Each Party shall notify the 11.9 No Third Party Beneficiaries. This Agreement does
<br /> other Party in writing of any changes in its address listed on not expressly or implicitly provide any third party (including
<br /> any Sales Order. users)with any remedy, claim, liability,reimbursement, cause
<br /> of action,or other right or privilege.
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