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5.3
.2 The Customer (1) upgrades an existing Service to a new, higher bit rate Ethernet Service at the MRC
rates below, and (2) the Service Period for the upgraded Service is coterminous with or longer than the
Service Period of the existing Service.
Service Type: EDIA Service Upgrades Non-Recurring | Monthiy Recurring
Charge “NRC” _ | Charge “MRC”
Port and Access: 500 Mbps $0.00 $758.28
EDIA EVC: 500Mbps $0.00 $925.13
Total NRC: Total MRC;
$0.00 $1683.41
Port and Access: 700 Mbps $0.00 $822.72
EDIA EVC: 700Mbps $0.00 $1076.05
Total NRC: Total MRC:
$0.00 $1898.77
8.1
8.2
Service Level Agreement and Limited Remedy.
We are committed to providing you with reliable, high quality E-DIA Service, and we offer a Service Level
Agreement (“SLA”). A description of the current Service Level Agreement is available on our web site or
from your sales representative. THE SERVICE LEVEL AGREEMENT IS THE SOLE AND EXCLUSIVE
REMEDY FOR FAILURE OR DEFECT OF E-DIA SERVICE.
Termination and Right to Suspend.
We reserve the right, without penalty or liability, to suspend or terminate the Service (or any portion
thereof) without notice in the event that you or your use of the Service, in our sole judgment, violates any
term or condition set forth in this Agreement, including, without limitation, violates any applicable Laws,
our Acceptable Use Policy (AUP) which is published on our web site (and incorporated herein by
reference), or otherwise adversely affects, may affect or otherwise threatens any portion of our or our
network service provider(s)’ nctwork software, hardware, equipment, or services, or any of our or our
network service provider(s)’ customers or employees. In addition to our rights to suspend or terminate as
set forth above, we reserve the right to immediately terminate the E-DIA Service to you in the event we
cease to offer E-DIA Service to customers, upon not less than thirty (30) days advance notice.
Equipment, Hardware and Software.
Unless covered under separate agreements with us, you shall be responsible to provide for the proper
selection, installation, operation, and maintenance of your equipment, hardware, and software used in
connection with the E-DIA Service, and you shall ensure that such equipment, hardware, and software
are technically and operationally compatible with the E-DIA Service and in compliance with
applicable Federal Communications Commission rules and regulations. If you have chosen to purchase
equipment or hardware, including any software that may be installed thereon (the “Equipment”), and
then title to the Equipment (other than any software that may be installed thereon) shall vest with you
upon payment in full to us for the Equipment. In the event the Equipment is installed at your premises
prior to payment in full, you shall: (a) safeguard the Equipment from loss and damage; (b) obtain
general liability insurance with property loss coverage equal to or greater than the purchase price of the
Equipment, and naming us as additional insured; and (c) maintain full responsibility for the Equipment
if any damage or injury occurs and pay for all repairs, or for the replacement of the Equipment, if it is
irreparable, lost or stolen.
In the event FairPoint provides any software to you in connection with the Services, we grant you a
personal, non-exclusive, non-transferable license, for the duration of the Initial Term and any
FairPoint Internet — Confidential and Proprietary
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