Wave Business Solutions LLC 7/19/2016

Section 3: Estimated Installation Date. As of the Effective Date of this Service Order, all of the Fiber Routes are already installed pursuant to the Black Rock Contract. The Service Commencement Date for all of the Fiber Routes shall be July 1,2016. Section 4: Customer Information. Account Name: City of Everett Invoicing Address: 2930 Wetmore Avenue Account Executive to Customer: Jeff Stoner 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: Jeanette Callaghan-Postma Accounts Payable Kevin Walser jpostma@everettwa.gov kwalser@everettwa.gov 425-257-7701(Ph) 425-257-8663(Ph) Section 5: Service Term. Installation,testing and acceptance which the Licensed Fibers are installed between the End of the Licensed Fibers shall be in accordance with Article 3 of Points. That route will not necessarily be the most direct the MSA. The Initial Service Term for each Service, set forth route between the End Points. Provider may, from time to in Section 2 above,shall commence on the applicable Service time during the Service Term,elect to change the route along Commencement Date. Upon expiration of the Initial Service which the Licensed Fibers are installed. So long as the actual Term, unless either party terminates this Service Order by optical loss for each Fiber Route is always less than or equal giving written notice to the other party not less than thirty to the Maximum Loss Budget specified for such Fiber Route in (30) days prior to the end of the Initial Service Term, this Section 1 above,Customer shall have no authority to approve Service Order will automatically renew on a month-to-month or disapprove of any particular installation route. In the basis. During any month-to-month automatic renewal event of any route relocation,Provider shall use commercially period, either party may terminate this Service Order by reasonable efforts to minimize the disruption to Customer's giving no less than thirty(30) days advance written notice to use of the Licensed Fibers. the other party. The period of time this Service Order is in effect is referred to as the"Service Term." Section 9: Performance. Provider shall use commercially reasonable efforts in keeping with normal industry standards Section 6: Rates and Charges. Customer is responsible for to ensure that the Licensed Fibers are available to Customer paying to Provider the NRC and MRC set forth in Section 1 24 hours per day, seven days per week, consistent with the above,all in accordance with Article 4 of the MSA. applicable SLA. It is possible, however, that there will be interruptions of Services. Customer understands and agrees Section 7: Grant of License. Beginning on the Service that the Licensed Fibers may be unavailable from time to Commencement Date for each Fiber Route, and continuing time either for scheduled or unscheduled maintenance, through the applicable Service Term, Provider grants to technical difficulties, or for other reasons beyond Provider's Customer,and Customer accepts from Provider,a license(the reasonable control. Temporary Service interruptions for such "License") to use the dark fibers on the Fiber Route (the reasons, as well as all Service interruptions caused by "Licensed Fibers") by accessing same at the End Points Customer, or by Force Majeure Events, will not constitute specified in Section 1 above. Customer is not permitted to failures by Provider to perform its obligations under this access the Licensed Fibers at any location other than the End Service Order. Instead, Customer's sole remedies for any Points. The License does not include any right on the part of such interruptions in the Services are described in the Customer to: (i)own, control, possess, encumber, repair or applicable SLA. maintain, or cause or permit any lien to attach to the Licensed Fibers, any Provider Equipment, or any other Section 10: Customer Equipment and Software. As between property of Provider; or (ii)use or access any of the other Provider and Customer,Customer is solely responsible for the fiber optic strands that may be in the same cable bundle as installation, repair, maintenance and use of all Customer the Licensed Fibers. Equipment and all software supplied by Customer for use in connection with the Licensed Fibers, including all aspects of Section 8: Route of Licensed Fibers and Maximum Loss Customer's internal network. Provider does not manufacture Budget. Provider shall at all times during the Service Term Equipment or software and does not support Customer have full and complete discretion to choose the route along Equipment or software. Any questions concerning or DARK FIBER ORDER pg.2 Wave Business Solutions,LLC/City of Everett 06/13/2016