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

complies with the AUP. Customer shall use the Cox Equipment only the purpose of receiving Me Services. Unless provided otherw B9. Jy98" NnEj EXCEPT AS PROVIDED HEREIN, THERE ARE NO herein, Cox shall use commercially reasonable efforts to maintain I OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS Services in accordance with applicable performance standards. I OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY cable modem Internet Services, bandwidth speeds may vary z OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND Customer may not always receive or obtain optimal bandwidth spee 0 FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. Cox network management needs may require Cox to modify upstre SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES and downstream speeds. NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL Use of the data, Internet, m cD BE ERROR -FREE OR WITHOUT INTERRUPTION. COX MAKES NO conferendng/ web hearing Services shall be subject to the AUP U www. coxbusiness .com /acceotableuseoolicv. odf. Web heading custom in WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM may view the AUP by clicking on the Control panel. The AUP may 0 SPEEDS OF THE NETWORK. amended from time to time during the Term of this Agreeme Customer' s continued use of the Services following an AUP amendmi 2 810. Indemnity Customer shall Indemnify and hold Cox and its shall constitute acceptance. y 0 respective affiliates, subcontractors, employees or agents harmless including payment of reasonable attorneys fees) from and against any C4. Customer Responsibilities Customer is responsible for all inter claim, actions or demands relating to or arising out of Customers use of wiring, Customer equipment ( e. g. Customer phones, handsc the Service including without limitation: ( i) any content or software keystones, etc.), installation of hardware and software on Custon c displayed, distributed or otherwise disseminated by Customer, its equipment, and arranging all necessary rights of access for ( employees, or users of the Services, ( it) any claim that Customer's including space for cables, conduits, and Cox Equipment as recess. or content or registration and maintenance of Customer's selected domain for Cox- authorized personnel to install, repair, inspect, mainta name( s), inMnges on the patent, copyright, trademark or other replace, or remove any and all Cox Equipment. Customer shall prov Z intellectual property right of any third party; ( iii) any aft in violation of a secured space with electrical power, climate control and protect N any laws committed by Customer, its employees or users using the against fire, vandalism, and other casualty for Cox Equipme R Services; and/ or ( v) violation by Customer, its employees or authorized Customer shall use the Services in compliance with all applicable la 0 users of the Cox AUP. and ordinances, as well as applicable leases and other contract e agreements between Customer and third parties. If Customer enga( rn C.C1. Service Start Date and Term This Agreement shall be effective in a public performance of any copyrighted material contained in any M the Services, Customer, and not Cox, shall be responsible for obtain upon execution by the parties. The " Initial Tenn" shall begin upon any public performing licenses. Customer is responsible for ensur p installation of Service and shall continue for the applicable term that Customer' s equipment is compatible for the Services selected z U 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 Me ee agreed -upon installation date, Cox may begin billing for Services on the 6. Unless oMerwitle provided herein, Customer age date Services would have been Installed. Cox shall use reasonable that CoxCox shallshall retain all rights, title and interest to the Cox a efforts to make Me Services available by the requested service date. any lien Cox shall not be liable for damages resulring from delays In meeting and Customer shall encumbrances not Equipment on Cox create or permit to be Wiring Internal created any Inot ay shall not service dates clue to construction delays or reasons beyond its control. considered Cox Equipment and shall become the property of Custon u If Customer delays installation for a period of three ( 3) months or upon initiation of For non -bulk video, Cox shall install ( T longer after the parties' execution of this Agreement, Cox reserves Me necessary tin Equipment necessary to famish f the video Services to Customer. I y right to terminate this Agreement Immediately at any time thereafter bulk video, Cox shall install Cox Equipment necessary to furnish I m and Customer shall be responsible for the full amount of construction of Customers promises costs and any other related costs incurred by Cox as of the date of termination. AFTER THE AUTOMATICALLY RENEW INITIAL TERM, FOR ONE ( 1) THIS AGREEMENT SHALL YEAR TERMS ( EACH AN video Service up to the Derwise taagreed Premises"). amendment to this g by the parties o a w o Unless otherwise ag Agreement, responsible for providing a working Internal Customer ust and not Cox shall all u EXTENDED TERM -) UNLESS A PARTY GIVES THE OTHER PARTY video Service. Customer shall or relocate or rel ate System for b Cox Equipmn L WRITTEN TERMINATION NOTICE AT LEAST THIRTY ( 30) DAYS PRIOR without