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designated representatives shall meet as often as they reasonably deem necessary in order to discuss the
<br />Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such
<br />discussions will be left to the discretion of the designated representatives; however, all reasonable requests
<br />for relevant information made by one Party to the other shall be honored. If the Parties are unable to
<br />resolve issues related to the Dispute within thirty (30) days after a Party's request is made for appointment
<br />of designated representatives as set forth above, either Party may seek any relief to which it is entitled,
<br />whether at law or in equity.
<br />16.Upgrades and Downgrades.An “Upgrade” is defined as a change to Customer's existing Service(s) agreed
<br />to by Ednetics resulting in an increase in Customer's Monthly Charges and/or One Time Charges. Customer
<br />will be required to purchase the Upgrade for a term commitment that extends to the end of Customer's
<br />existing Term or the Customer may extend their term by providing written notification to Ednetics. A
<br />“Downgrade”is defined as a change to Customer's existing Service(s) or partial disconnect agreed to by
<br />Ednetics that will result in a decrease in Customer's Monthly Charges. If Customer Downgrades the
<br />Service(s) before the end of the Term and the Downgrade results in more than a fifteen percent (15%)
<br />decrease in the Monthly Charges on the Service(s) for which a Downgrade occurred, Ednetics, in its sole
<br />discretion, may charge Customer Early Termination Fees. Customer shall provide Ednetics with thirty (30)
<br />days prior written notice for all Downgrades. Any Downgrade of Service(s) must have a Term that extends
<br />at least to the end of the Customer's existing Term.
<br />17.Ednetics Owned Customer Premises Equipment.Any Equipment installed by Ednetics to perform or
<br />deliver Service(s) under this Agreement which was not purchased by the Customer, is the sole property of
<br />Ednetics and is referred to as “Ednetics CPE”. Ednetics has the right to access, maintain, remove, replace or
<br />take any other action in connection with Ednetics CPE at any time for any reason. At all times, Customer
<br />shall: (i) refrain from physically tampering with or modifying Ednetics CPE, or authorizing another to do so;
<br />and (ii) provide Ednetics with reasonable, sufficient, and necessary access to Customer's facilities in order
<br />for Ednetics to fulfill its obligations under this Agreement. Customer shall provide Ednetics reasonable and
<br />necessary access to Ednetics CPE at all reasonable times in the event Ednetics needs to retrieve Ednetics
<br />CPE during or upon the expiration or termination of the applicable Service Term. Customer also agrees to
<br />cooperatewithEdneticsinallcommunicationswiththelandlordattheCustomer'spremisesifrequestedby
<br />Ednetics even after the expiration or termination of the applicable Service Term so that Ednetics may
<br />retrieve physical possession of Ednetics CPE. Customer shall be responsible for any and all damages to
<br />Ednetics CPE caused by Customer or its end-users. Ednetics will not be responsible for any interference or
<br />interruption in Service(s) that are related to or caused by Customer CPE. Customer is responsible for the
<br />initial and ongoing configuration of any equipment provided by Customer. If any equipment provided by
<br />Customer is not compatible or may not be used with the Service(s) and Customer terminates this
<br />Agreement or Service(s) as a result, Customer will be responsible for all Non-Recurring Charges for
<br />Service(s) that are noted on the Service Order(s) as well as any third-party costs Ednetics may have incurred.
<br />18.Limitation of Liability.Ednetics shall not be liable or responsible for any of the following: (i) the content of
<br />the information passing over Ednetics network; (ii) the Internet or any information contained thereon; (iii)
<br />unauthorized access to Customer transmission facilities or to Customer owned equipment; (iv)
<br />unauthorized access or damage to, alteration, theft, destruction or loss of customer records or data; (v)
<br />claims for damages caused by Customer through fault, negligence or failure to perform Customer's
<br />responsibilities; (vi) claims against Customer by any other party; or (vii) any act or omission of any other
<br />party furnishing services to Customer, or the installation and/or removal of any and all equipment supplies
<br />by any other services provider; or (viii) incorrect publication of listings or phone number in the directory, if
<br />applicable. Notwithstanding the foregoing, the liability of Ednetics, if any, for damages arising out of
<br />mistakes, omissions, interruptions, delays, errors, or defects in the Service(s) or equipment provided by
<br />Ednetics,ifany,orforbreachorwarrantiessetforthinthisAgreement,shallinnoeventexceedtheMonthly
<br />Charges for Service(s) that are the subject of the claim. IF ANY LIABILITY IS IMPOSED ON EDNETICS, SUCH
<br />LIABILITY SHALL BE LIMITED AS PROVIDED IN THIS AGREEMENT, WHICH SHALL BE EDNETICS SOLE AND
<br />EXCLUSIVE LIABILITY REGARDLESS OF WHETHER LOSS OR DAMAGE IS CAUSED BY PERFORMANCE, NON-
<br />PERFORMANCE, OR NEGLIGENCE OF EDNETICS UNDER THIS AGREEMENT. EDNETICS SHALL HAVE NO
<br />LIABILITY TO CUSTOMER OR ANY THIRD-PARTY FOR OR WITH RESPECT TO ANY SPECIAL, INCIDENTAL,
<br />INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE OR FOR THE LOSS OF REVENUE, LOST
<br />PROFITS, LOSS OF BUSINESS, LOSS OF PROSPECTIVE OR POTENTIAL BUSINESS OR ECONOMIC LOSS OF ANY
<br />KIND FOR ANY REASON WHATSOEVER, REGARDLESS OF WHETHER EDNETICS IS INFORMED OF THEIR
<br />POSSIBILITY.
<br />19.Liability of Customer.In the event any claim, demand, lawsuit or liability is made or asserted against
<br />Ednetics or any of the officers of Ednetics by any third-party and the same arises out of, or is directly or
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