Fort Walton Beach Council agenda — 10-11-11 regular — reading text

s, Customer, and not Cox, shall be responsible Services, responsible for obtain C upon execution by the parties. The " Initial Term" shall begin upon any public performing licenses. an Customer is responsible for p installation of Service and shall continue for the applicable term Mat Customers equipment is compatible for Me Services selected ctod aa commitment set forth on the first page of this Agreement; provided that with the Cox network. if Customer delays installation or is not ready to receive Services on the ba agmed -upon installation date, Cox may begin billing for Services on the Unless Otherwise provided herein, Customer age L date Services would have been installed, Cox shall use reasonable that Cox shall retain all rights, title and interest to the Cox EgWpme d efforts to make Me Services available by Me requested service date. Cox shall not be liable for damages resulting from delays in meeting service dates due to construction delays or reasons beyond its control. and Customer shall not create t.permitInternal encumbrances on Cox to be Wiring created shall Equipmenen any Innot m not considered Cox Equipment and shall become the property of Custom If Customer delays installation for a period of three ( 3) months or upon initiation of Service. For non -bulk video, Cox shall install C longer after the parties' execution of this Agreement, Cox reserves the Equipment necessary ro famish video Services to Customer. 1I T right to terminate this Agreement immediately at any time thereafter bulk vitleo, Cox shall install Cox Equipment bulk E necessary to famish I n and Customer shall be responsible for the full amount of constroction video Service up to the Demarcation Point of Customer' s premises ( I m costs and any other related costs incurred by Cox as of the data of Premises°). Unless otherwise agreed the parties a writ) u- termination. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL amendment to Agreement, CustomerCustomer a antl not Coxo shall AUTOMATICALLY RENEW FOR ONE ( 1) YEAR TERMS ( EACH AN responsible for providing ovi g a working Internal Distribution System for b j EXTENDED TERM ") UNLESS A PARTY GIVES THE OTHER PARTY video Service. Customer shall Custo modify or or relocate Cox Equipme WRITTEN TERMINATION NOTICE AT LEAST THIRTY ( 30) DAYS PRIOR without Cox' s prior written consent. ns Customer shall not pen TO THE EXPIRATION OF THE THEN EXISTING TERM. " Term" shall mean V tampering, g, altering, sharing, or repair of the equipment by any person otl Me Initial Term and Extended Term ( s), if any. Cox reserves the right than 1. to increase rates for all Services by no more than ten percent ( 10 %) termination Cabo authorized personnel. Customer shall, of ip expiration of Mis Agreement, in on cE return Me Cox Equipment gr ar during any Extended Term by providing Customer with at least sixty 60) days written notice of such rate increase. This limitation on rate increases shall not apply W video Services or Services whose rates, Equip ion, ordinary wear and fear eoodcon In thCustomer Equipment Is not returned to Cox in good responsible for the depreciated value of e event Mshall( u excepted. a CoxCox Equipment.Equipment. shall Cox sl N terms and conditions are governed by a Cox WHY or SG. Upon notice to ui enat repair any Cox Equipment Q chargea nt Customer provided Customer, Cox may change Me rates for video Services periodically damage Is due to the negligence li en or intentional acts of Customer. . during the Initial Term and any Extended Term. Cox may change the additional equipment, qui including but not mto, televisions, rates for telephone Service subject to a Cox tariff or SG periodically computers, circuits, software, or otherother devices, are required aired during the Initial Term and any Extended Term, For Me avoidance of Customer to use Me Services, Customer shall hll be responsible doubt, promotion rates and promotional discounts provided to Customer providing such equipment. will expire at Me end of the Initial Term or earlier as set forth in the promotion language. C6. Resale of Service The Services covered by this Agreement are retail use only. Unless authorized in wftng by Cox, Customer may I C2. Payment Customer shall pay for all monthly Service charges, plus resell any portion of the Service to any other party; provided, howev one -time set -up, Installation and/ or construction charges. Unless stated Customer may, with Cox' s prior wntten consent, resell web hosting otherwise herein, monthly charges for Services shall begin upon third parties through the Services. Customer shall be responsible installation of Service, and installation charges, if any, shall be due upon any software and content displayed and distributed by Customer completion of installation. Any amount not received by the due date Customer's web hosting customers, if any. Page 3 of 4