Wave Business Solutions 5/4/2020

Section 4: Customer Information. Account Name: City of Everett Invoicing Address: 2930 Wetmore Avenue Account Executive to Customer: Bernadette Webb Everett,WA 98201 ATTN: Accounts Payable To facilitate communication the following information is provided as a convenience and may be updated at any time without affecting the enforceability of the terms and conditions herein: Customer Site Contact: Customer Billing Contact: Customer Technical Contact: Judie Shirley Accounts Payable Kevin Walser jshirley@everettwa.gov kwalser@everettwa.gov 425-257-7700(Ph) 425-257-8663(Ph) Section 5: Service Term. Installation,testing and acceptance between the End Points. Provider may, from time to time of the Licensed Fibers shall be in accordance with Article 3 of during the Service Term,elect to change the route along which the MSA. The Initial Service Term for each Service,set forth in the Licensed Fibers are installed. So long as the actual optical Section 3 above, shall commence on the applicable Service loss for each Fiber Route is always less than or equal to the Commencement Date. Upon expiration of the Initial Service Maximum Loss Budget specified for such Fiber Route in Term, unless either party terminates this Service Order by Section 2 above,Customer shall have no authority to approve giving written notice to the other party not less than thirty(30) or disapprove of any particular installation route. In the event days prior to the end of the Initial Service Term,this Service of any route relocation, Provider shall use commercially Order will automatically renew on a month-to-month basis. reasonable efforts to minimize the disruption to Customer's During any month-to-month butomatic renewal period,either use of the Licensed Fibers. party may terminate this Service Order by giving no less than thirty(30)days advance written notice to the other party. The Section 9: Performance. Provider shall use commercially period of time this Service Order is in effect is referred to as reasonable efforts in keeping with normal industry standards the"Service Term." to ensure that the Licensed Fibers are available to Customer 24 hours per day, seven days per week, consistent with the Section 6: Rates and Charges. Customer is responsible for applicable SLA. It is possible, however, that there will be paying to Provider the NRC and MRC set forth in Section 2 interruptions of Services. Customer understands and agrees above,all in accordance with Article 4 of the MSA. that the Licensed Fibers may be unavailable from time to time either for scheduled or unscheduled maintenance,technical Section 7: Grant of License. Beginning on the Service difficulties,or for other reasons beyond Provider's reasonable Commencement Date for each Fiber Route, and continuing control. Temporary Service interruptions for such reasons,as through the applicable Service Term, Provider grants to well as all Service interruptions caused by Customer, or by Customer,and Customer accepts from Provider,a license(the Force Majeure Events,will not constitute failures by Provider "License") to use the dark fibers on the Fiber Route (the to perform its obligations under this Service Order. Instead, "Licensed Fibers") by accessing same at the End Points Customer's sole remedies for any such interruptions in the specified in Section 2 above. Customer is not permitted to Services are described in the applicable SLA. access the Licensed Fibers at any location other than the End Points. The License does not include any right on the part of Section 10: Customer Equipment and Software. As between Customer to: (i)own, control, possess, encumber, repair or Provider and Customer,Customer is solely responsible for the maintain,or cause or permit any lien to attach to the Licensed installation, repair, maintenance and use of all Customer Fibers, any Provider Equipment, or any other property of Equipment and all software supplied by Customer for use in Provider; or (ii)use or access any of the other fiber optic connection with the Licensed Fibers, including all aspects of strands that may be in the same cable bundle as the Licensed Customer's internal network. Provider does not manufacture Fibers. Equipment or software and does not support Customer Equipment or software. Any questions concerning or requests Section 8: Route of Licensed Fibers and Maximum Loss for maintenance or repair of third-party hardware or software Budget. Provider shall at all times during the Service Term should be directed to the provider of that product. If Customer have full and complete discretion to choose the route along Equipment or software impairs the Licensed Fibers,Customer which the Licensed Fibers are installed between the End will remain liable for payment of the applicable Fees. If, at Points.That route will not necessarily be the most direct route Customer's request, Provider should attempt to resolve DARK FIBER ORDER pg.2 Wave Business Solutions,LLC/City of Everett 2/13/2020 • Scanned with CamScanner