Wave Business Solutions 5/4/2020

difficulties caused by Customer Equipment or software,such Section 12: Provider's Retained Rights. Provider retains the efforts may be performed at Provider's discretion and exclusive right to provide services using,or to sell or lease to Customer will be responsible for Provider's then-current other customers or end users fibers(other than the Licensed commercial rates and terms for such consulting services. Fibers) contained In the same cable bundle as the Licensed Fibers. Provider shall not use the Licensed Fibers during the Section 11: No Sub-Licensing; Non-Compete. The Services Service Term. and the License are for the sole benefit of Customer. Customer shall not grant to any third party the right to use any of the Section 13: Customer Security Measures. Unless the End Licensed Fibers,regardless of whether such grant were to take Points are installed at Service Sites that are within Provider's the form of a license,sublicense,lease,sublease,indefeasible control,Customer is responsible for establishing commercially right of use, or any other form. Nor shall Customer use the reasonable security measures at the Service Sites to prevent Licensed Fibers for commercial purposes that are competitive unauthorized access to the Licensed Fibers and any Provider with Provider's business(e.g., use the Licensed Fibers to sell Equipment. Customer shall reimburse Provider for the cost of Internet access services, point-to-point data transport any damage to Provider Equipment or the Licensed Fibers services,VoIP services, etc.,to third parties within Provider's occurring at the Service Sites due to negligent security service area). measures on the part of Customer. The submission of this Service Order to Customer by Provider does not constitute an offer. Instead,this Service Order will become effective only when both parties have signed it. The date this Service Order is signed by the last party to sign it(as indicated by the date associated with that party's signature)will be deemed the Effective Date of this Service Order. CUSTOMER: PROVIDER: CITY OF EVEREIT WAVE BUSINESS SOLUTIONS,LLC By By /!1✓�G'L� �' Name: Cs SC Ye /Wi /fe Name: /-)A1/14 L'ZPI/7' ' ' Title: i(A a 0.( V Title: S't// f it L Imo' ' Date: ' 114(721 / Date: -5 - e - Z o (The remainder of this page is intentionally left blank] Office of tr►a City Attorney 4 1 S 1 : Off 141 ApPAOV�!�A TO pORM /6: ONvioR Mrafl,Oity Attorney City Clerk DARK FIBER ORDER pg.3 Wave Business Solutions,LLC/City of Everett 2/13/2020 Scanned with CamScanner