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2312 Spectrum AgreementCITY 0 S CA, NY,F 0 FU) FINANCE DEPARTMEN1 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM TO: City Clerk/Mayor RE: Spectrum Agreement The item(s) noted below is/axe attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit F-1 Rendering ❑ Maintenance Bond Z Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: F-1 Return originals to Purchasing- Department ❑ Return copies Special Instructions L-,, t� r3ojaotzi4eAr I= SharePoitit—Fijiaiice_PLircliasing_F'orms - 201 8.doc 31412-02-1 Date Spectrum Enterprise Service Agreement The customer identified below ("Customer") hereby acknowledges and agrees to the Commercial Terms of Service available at https://enterprise.spectrum.com ("Terms of Service"), which are incorporated herein by this reference, with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a "Service Order"), which together with this agreement constitute the "Service Agreement" by and between the Customer and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the service(s) hereunder ("Spectrum"). Spectrum Enterprise Contact: 12405 Powerscourt Drive Telephone: St. Louis, MO 63131 Facsimile: BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION SECTION THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. Customer: Charter Communications Operating, LLC B : Charter Communications Inc. its Manager By: By: Name (printed): a t (i;� 1 „i av b 4 &—, Name (printed): Title: r- Title: Date: Date: Enterprise Short Form v. 171213 CONFIDENTIAL Page 1 of 1 ® 2017, 2018 Charter Communications, all rights reserved. Spectrumo, SERVICE ORDER ENTERPRISE THIS SERVICE ORDER ("Service Order"), is executed and effective upon the date of the signature set forth in the signature block below ("Effective Date") and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder ("Spectrum") and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https:/Ienterprise.spectrum.com/ (or successor ud) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a "Service Agreement"). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect. Spectrum Enterprise 12405 Powerscourt Drive Telephone: St. Louis, MO 63131 (Contact: F;;r.,imilp.- FIBER INTERNET ACCESS Enterprise Service Order v,171914 02017, 1018 Charter C...-wW, all rights reserved. Confidential Spectrum Enterprise Service Agreement The customer identified below ("Customer") hereby acknowledges and agrees to the Commercial Terms of Service available at https://enterprise.spectrum.com ("Terms of Service"), which are incorporated herein by this reference, with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a "Service Order"), which together with this agreement constitute the "Service Agreement" by and between the Customer and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the service(s) hereunder ("Spectrum"). Spectrum Enterprise Contact: 12405 Powerscourt Drive Telephone: St. Louis, MO 63131 Facsimile: BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION SECTION THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. Customer: Charter Communications Operating, LLC B :Charter Communications Inc. its Manager By: By: Name (printed):ky Name (printed): Title:s - Title: Date:I 3 Lw � Date: Enterprise Short Form v. 171213 CONFIDENTIAL Page 1 of 1 O 2017, 2018 Charter Communications, all rights reserved. Sr�edrumpo SERVICE ORDER ENTERPRISE THIS SERVICE ORDER ("Service Order"), is executed and effective upon the date of the signature set forth in the signature block below ("Effective Date") and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder ("Spectrum") and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterpdse.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a "Service Agreement"). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect. Spectrum Enterprise 12405 Powerscourt Drive Telephone: St. Louis, MO 63131 (Contact: Facsimile: FIBER INTERNET ACCESS E—,,— Se,w0,&, v.l IOU 0 2017, 2010 0-,,1 Communlcatlons, A Hight, --d, Confidential N, 2 015 ETHERNET SERVICES Enterprise —ke Order v.171914 0 201],1018 Charter 0--icatbns, all rights reserved. Confidential Page 3 of 5 AWIT NFP NgWM Telephone Number(s) I Service Location Address, City, State, Zip PRI Group Lead TW F.,T,.*s(PRVSIP)"ttbe V.,id—b—fthe trw*drowaodUw associated E-911 Milion. Ad d4i..1 aid Foreign Ut,trq charges apply/ D.W di,.d.,y wit . . . tmt. be collected at . Wait— by the T.Ioph-y Spac.htd. "'Add aiowl charges apply/ Adddion,l rN to r be, acct ottio, roON mfooeafian will be collected at a later fim, by the Tel,p],ocy Spaosibst, Ec-taisa Servke Order v.171914 V 2017, 2DIa Chaser C—ca,oic,d —,all rights reserved. Confidential P- 4 at s COAX DATANIDEO SERVICES TOTAL FEES. Total Monthly Recurring Charges $ 979.001 Total One Time Charges Charges are due in accordance with monthly invoice TAXES. Prices for Services do not include taxes, surcharges, or other fees. 3. NO UNTRUE STATEMENTS. Customer represents and warrants to Spectrum that neither this Service Order, nor any other information, including without limitation, any schedules or drawings furnished to Spectrum contains any untrue or incorrect statement of material fact or omits or fails to state a material fact. 4. SPECIALTERMS (If Applicable) The Parties have caused CUSTOMER ICity of Sanford I Charter Communications Operating, LLC J. By: Charier Communications, Inc., its Manager By: Nam rh" 'J r. Name: Title: Afv i� lia Y- Title: L^j if IV Date: Date: lent,pris, Service Order 1.171914 lu 2o17, Torg Chaney Communications, all light, —111,& Confidential P- 5 of 5