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difficulties caused by Customer Equipment or software,such Section 12: Provider's Retained Rights. Provider retains the <br /> efforts may be performed at Provider's discretion and exclusive right to provide services using,or to sell or lease to <br /> Customer will be responsible for Provider's then-current other customers or end users fibers(other than the Licensed <br /> commercial rates and terms for such consulting services. Fibers) contained In the same cable bundle as the Licensed <br /> Fibers. Provider shall not use the Licensed Fibers during the <br /> Section 11: No Sub-Licensing;Non-Compete. The Services Service Term. <br /> and the License are for the sole benefit of Customer. Customer <br /> shall not grant to any third party the right to use any of the Section 13: Customer Security Measures. Unless the End <br /> Licensed Fibers,regardless of whether such grant were to take Points are installed at Service Sites that are within Provider's <br /> the form of a license,sublicense,lease,sublease,indefeasible control,Customer is responsible for establishing commercially <br /> right of use,or any other form. Nor shall Customer use the . reasonable security measures at the Service Sites to prevent <br /> Licensed Fibers for commercial purposes that are competitive unauthorized access to the Licensed Fibers and any Provider <br /> with Provider's business(e.g.,use the Licensed Fibers to sell Equipment. Customer shall reimburse Provider for the cost of <br /> Internet access services, point-to-point data transport any damage to Provider Equipment or the Licensed Fibers <br /> services,VOIP services,etc.,to third parties within Provider's occurring at the Service Sites due to negligent security <br /> service area). • — measures on the part of Customer. <br /> The submission of this Service Order to Customer by Provider does not constitute an offer. instead,this Service Order will become <br /> 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 <br /> date associated with that party's signature)will be deemed the Effective Date of this Service Order. <br /> CUSTOMER: PROVIDER: <br /> CITY OF EVERETT WAVE BUSINESS SOLUTIONS,LIC <br /> By By <br /> Name: Name: ,Gfl►f1b <br /> Title: Title: •3'(/ ' L. — <br /> Date: Date: g — g— 2.o <br /> . /The remainder of this page Is intentionally left blank) <br /> DARK FiBER ORDER pg.3 <br /> Wave Business Solutions,!LC/City of Everett _ 2/13/202D <br /> 10 <br /> `�ranr,ar1 . +1, <br />