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

Cox' s prior written consent. ns nt. Customer shall not pen U TO THE EXPIRATION OF THE THEN EXISTING TERM. " Temr" shall mean tampering, g, authorize alt or repair of the equipment by any person otl the Initial Term and Extended Term ( s), If any. Cox reserves the right than authorized personnel. 1. Customer shall, at expiration Cd to increase rates for all Services by no more than ten percent ( 30 %) termination ratio of thisthis Agreement, return the Cox Equipment ip in gc E during any Extended Term by providing Customer with at least sixty wear and tear excepted. In even[ the 60) clays written notice of such rate increase. This limitation on rate Equipment is is not not ,returned to Cox In good condition, co C Customer shalll increases shall not apply to video Services or Services whose rates, terms and conditions are governed by a Cox tariff m SG. Upon notice to responsible for the depreciated value of the Cox Equipment Cox sf Q repair any Cox Equipment at charge to Customer Provided Customer, Cox may change the rates for video Services periodically damage is not clue to Me negligence en or Intentional .acts of Customer. during the Initial Term and any Extended Tenn. Cox may change the limited t televisions, rates for telephone Service subject to a Cox tariff or SG periodically computers, computer equipment, circuits, including software, but or not h[ r devices,devices, are required other aired during the Initial Tenn and any Extended Tenn. For the avoidance of Customer to use the Services, Customer shall be responsible doubt, promotion rates and promotional discounts provided to Customer providing such equipment. will expire at the end of the Initial Tenn 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 writing 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 written 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 clue date Customers web hosting customers, if any. Page 3 of 4  C14. State, t SLte and International Services C7. Default If Customer fails to comply with any material provision of subscribes to or uses stare -to -state and / or thtemation 8. 2. a this Agreement or any other agreement with Cox, inducing, but not Services from Cox, such Services shall be provided pu limited to failure to make payment as specified either in this Agreement terns and conditions contained in Cox Customer Service Agreement or any other Agreement with Cox, then Cox, may pursue one or more of which may be found the following courses of action upon notice to Customer as required by le h ne m and the ter tariff or applicable law: ( i) terminate Service whereupon all sums Men and conditions due and Payable shall become Immediately due and payable, ( ii) www. coxbusiness. com/ products /voice /bas dcing /index. html. suspend all or any pad of Services, and /or ( iii) pursue any other remedies, Including reasonable attorneys' fees, as may be provided at C15. PBX Usaae and E911 Services Please review the following webs law or in equity, including the applicable termination liabilities. for important information about Cox' s 911 prectio htto: / /ww2. cox.com /business /voice /regulatorvcox. Customer C8. Assignment Customer may not assign or transfer any part of this responsible for ensuring that Customer Premises Equipment ( CPE) st Agreement without the prior written consent of Cox, which shall not be as a Private Branch Exchange ( PBX), provisioned on Cox' s network unreasonably withheld. Cox may assign this Agreement without protected from fraudulent or unauthorized access. Customer Customer' s consent ( i) to any corporation or other entity that controls, responsible for payment of all charges on their monthly bill is controlled by or is under common control with Cox ( an " Affiliate'); ( ii) statement, including any charges resulting from fraudulent to any corporation or other entity resulting from a merger, acquisition, unauthorized access to any CPE. If Customer uses a PBX in connect consolidation or reorganization of or with Cox; or ( iii) in connection with with the Services, Customer is responsible for programming the PBX the sale of all or substantially all of the assets of Cox. provided by one or more Affiliates. Service may be ensure that agencies receiving E911 emergency calls through the P m will receive appropriate information about the location of the call Customer is also responsible for informing Cox that it wishes to P. c C9. alloulatom Authormthi- Force Madeline This Agreement and the obligations of the parties shall be subject to modification to comply with location information instead of Me billing telephone number associal U with the account. For Cox Business VoiceManager Service, the w M all applicable laws, regulations, court rulings, and administrative orders, interface and toolbar are add -on features ( integrated compu as amended. In no event shall either party have any claim against the other for failure of performance if such failure is mused by acts of God, capabilities) designed to assist communications to and from the ( u2 Business VoiceManager phone line, Including the ability to direct calls natural disasters, including fire, Flood, or winds, civil or military action, wireless and other phones when Customer is away from their ( ya including riots, civil Insurrections, acts of terrorists, or the taking of Business VoiceManager office phone. Customer acknowledges that property by condemnation. web Interface and toolbar, however, cannot be used W access ES