Wave Business Solutions LLC 7/19/2016

whether or not Customer has actual knowledge of or Section 11: Future Upgrades. authorizes such access or use. Customer is responsible for (a) Option to Upgrade. Customer may, at any the security of Customer's internal computer network, and shall implement commercially reasonable security measures time and from time to time during the Initial Service Term of to prevent unauthorized use of or access to the Services. As this Service Order, elect to upgrade the bandwidth of the set forth in Section 6.3 of the MSA,the failure by Customer to Services Customer receives pursuant to this Service Order to implement commercially reasonable network security any of the following bandwidths, at the monthly recurring measures may result in immediate termination of the costs set forth below: Services and this Service Order by Provider. Customer will be New Bandwidth New MRC solely liable and responsible for all conduct occurring through either authorized or unauthorized use of the Services through 2 Gbps $3,000 Customer's network and/or Customer's Equipment, until 3 Gbps $3,750 Customer informs Provider of a security breach. Provider is 4 Gbps $4,500 not responsible and assumes no liability for losses, claims, damages,expenses,or costs resulting from persons accessing 5 Gbps $5,000 Customer's internal network and/or Provider's network 10 Gbps '$8,000 through Customer's Equipment, and Customer shall hold Provider harmless from and indemnify Provider against any In the event Customer elects to upgrade its Services pursuant such claims, losses,or damages to the full extent arising from to this Section 11(a), there shall be no installation charge such access. associated with the upgrade. Customer may exercise its upgrade option by delivering written notice to Provider, no Section 10: Burstable Internet Service. Burstable Internet less than thirty(30)days prior to the date on which Customer Service provides the reassurance of available bandwidth and desires the upgrade to take effect. maximum throughput capabilities while minimizing costs. Burstable Internet Service allows Customer to increase from (b) Option to Downgrade. Should Customer the selected Base Bandwidth up to the specified Maximum exercise its option to upgrade the base bandwidth of Burstable Bandwidth on an as-needed basis when usage Customer's Services pursuant to Section 11(a) above, spikes. Charges for Burstable Internet Service will be Customer may, at any time thereafter, elect to downgrade calculated by using the industry standard 95th percentile. said Services to a lower bandwidth (but no lower than the The 95th percentile measurement evaluates the regular and 1 Gbps bandwidth for which Customer originally contracted). sustained use of a network connection and is measured by In the event Customer elects to downgrade its Services sampling usage at 5 minute intervals and ignoring the top 5% pursuant to this Section 11(b),Customer shall pay a one-time of usage samples taken over a month. The 95th percentile service charge of Two Hundred Fifty and No/100 Dollars measure of peak bandwidth will then be compared to the ($250.00) in connection with the downgrade. Customer may Base Bandwidth and the incremental usage will be billed at exercise its option to downgrade the bandwidth of its the Burst Rate in arrears on a monthly basis. Charges for Services by delivering written notice to Provider, no less than Burstable Internet Service will be measured, calculated and thirty(30) days prior to the date on which Customer desires accrued on a monthly basis, and billed in arrears on a the downgrade to take effect. monthly basis. [Signatures on following page.) ORDER FOR BURSTABLE INTERNET SERVICES pg.3 Wave Business Solutions,LLC/City of Everett 06/13/2016