Wave Business Solutions LLC 7/19/2016

requests for maintenance or repair of third-party hardware or to-point data transport services, VoIP services, etc., to third software should be directed to the provider of that product. parties within Provider's service area). If Customer Equipment or software impairs the Licensed Fibers, Customer will remain liable for payment of the Section 12: Provider's Retained Rights. Provider retains the applicable Fees. lf, at Customer's request, Provider should exclusive right to provide services using, or to sell or lease to attempt to resolve difficulties caused by Customer Equipment other customers or end users fibers (other than the Licensed or software, such efforts may be performed at Provider's Fibers) contained in the same cable bundle as the Licensed discretion and Customer will be responsible for Provider's Fibers. Provider shall not use the Licensed Fibers during the then-current commercial rates and terms for such consulting Service Term. services. Section 13: Customer Security Measures. Unless the End Section 11: No Sub-Licensing; Non-Compete. The Services Points are installed at Service Sites that are within Provider's and the License are for the sole benefit of Customer. control, Customer is responsible for establishing Customer shall not grant to any third party the right to use commercially reasonable security measures at the Service any of the Licensed Fibers, regardless of whether such grant Sites to prevent unauthorized access to the Licensed Fibers were to take the form of a license, sublicense, lease, and any Provider Equipment. Customer shall reimburse sublease, indefeasible right of use, or any other form. Nor Provider for the cost of any damage to Provider Equipment or shall Customer use the Licensed Fibers for commercial the Licensed Fibers occurring at the Service Sites due to purposes that are competitive with Provider's business(e.g., negligent security measures on the part of Customer. use the Licensed Fibers to sell Internet access services, point- 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 EVERETT WAVE BUSINESS SOLUTIONS,LLC BY I. �/�/l.1 Name: ,• 12# , I e IA / SOr) Name: c i1 K.% Title: _r Title: 51ft S 50 { Date: • 0 Date: 61 t5/2 , t 6 [The remainder of this page is intentionally left blank.) 111/..41J114 • l.icy CicA.k DARK FIBER ORDER pg.3 Wave Business Solutions,LLC/City of Everett 06/13/2016