12,
13.
14.
COMMUNICATIONS FACILITIES OR OTHERWISE ARISING UNDER THIS AGREEMENT,
WHETHER CAUSED BY CONSOLIDATED COMMUNICATIONS’S NEGLIGENCE OR
BREACH OF THIS AGREEMENT, ARE LIMITED TO THE AMOUNT OF THE CHARGES
ACTUALLY PAID BY CUSTOMER TO CONSOLIDATED COMMUNICATIONS FOR THE
SERVICE ADVERSELY AFFECTED BY SUCH NEGLIGENCE OR BREACH OF THE
AGREEMENT FOR THE PERIOD SUCH SERVICES WERE ADVERSELY AFFECTED,
UNLESS OTHERWISE SPECIFIED AS PART OF A SEPARATE SERVICE LEVEL
AGREEMENT = OR IN AN APPLICABLE SCHEDULE. CONSOLIDATED
COMMUNICATIONS MAY FROM TIME TO TIME PROVIDE ADVICE, MAKE
RECOMMENDATIONS OR SUPPLY OTHER ANALYSIS RELATED TO THE SERVICE IN
THIS AGREEMENT AND WHILE CONSOLIDATED COMMUNICATIONS SHALL USE
REASONABLE EFFORTS IN THIS REGARD, CUSTOMER ACKNOWLEDGES AND
AGREES THAT THIS LIMITATION OF LIABILITY APPLIES TO THE PROVISION OF
SUCH ADVICE, RECOMMENDATIONS AND ANALYSIS.
Force Majeure. Other than payment for amounts due hereunder, neither party is liable for any delay or
failure in performance under this Agreement arising out of acts or events beyond its reasonable control,
including but not limited to acts of God, war, terrorist acts, fire, flood, severe weather, cut cable, power
surges or failures, explosion, riot, embargo, acts of the Government, the act or omission of any third
party, labor disputes or strikes and other labor disturbances, or unavailability of necessary facilities,
software, hardware or equipment.
Default. If Consolidated Communications fails to substantially perform its obligation to provide the
Service in accordance with this Agreement, or if Customer fails to substantially perform its obligations
hereunder, and such failure is not cured within thirty (30) calendar days following receipt of a default
notice in writing from the other party, then the non-defaulting party has the right to terminate this
Agreement. Consolidated Communications may also terminate this Agreement if Customer fails to pay
any invoice (excluding any reasonably disputed claim amounts, but only while such dispute is pending)
within thirty (30) calendar days after the invoice date, which failure has not been cured within ten (10)
calendar days of receiving notice of the failure to pay. Upon termination of the Agreement, Customer is
liable for any unpaid Charges, Taxes and Surcharges for the terminated Service incurred up to the time of
termination of the Agreement and associated with termination of the Agreement. If such termination is
due to the default of Customer, then Customer is required to pay the applicable early
termination/cancellation charges as set forth in the corresponding Schedule(s). Termination of the Service
for any cause does not release either party from any liability which at the time of termination had already
accrued or which thereafter accrues for any act or omission occurring prior to the termination or from an
obligation which is expressly stated in the Agreement to survive termination.
intellectual Property.
14.1 Except as expressly stated in this Agreement, this Agreement may not be construed (nor may any
be implied or arise by estoppel) as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other intellectual property (“Intellectual
Property Rights”), now or hereafter owned, controlled or licensable by either party, including in
the case of Customer no license (other than the limited license to use the Service) is granted by
Consolidated Communications with respect to the Service or any Consolidated Communications
Facilities. Except as expressly stated in this Agreement or in accordance with the terms of a
separate license agreement between the parties granting such rights, neither party may use any
Intellectual Property Rights of the other party.
14.2 Customer agrees that the Service provided by Consolidated Communications hereunder are
subject to the terms. conditions and restrictions contained in any applicable agreements
{including software or other license agreements, acceptable use policies, etc.) between
Consolidated Communications and Consolidated Communications’ network service providers
