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desig n ated represe ntatives shall me et as often a.s t hey reasonably deem necessary In order to discuss the
<br />Dispute and negotiate lh 9009 fait h in an effort to resolve such Dispute. The speci fic format for such
<br />dlscussfons will be leftto the discreti on 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 />resol ve Issues rela ted to the Di spute within thirty (30) days after a Pa rty's request is made for appointment
<br />of d esig nated re pres entatives 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 define d as a change to Customer's existing Service(s) agreed
<br />to by Ednetics resulting in an increase in Customer's Monthly Charg es an d/or One Time Charges. Customer
<br />will be requ ired to pure;hase 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 notifkation to Ednetics. A
<br />NDowngrade"is defined as a change to Customer 's· existing Servlce(s) or partial disconnee1:t agreed to by
<br />Ednetics that w ill result in a decreas_e 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 Downg rades. Any Downgrade of Service(s) must have a Term that extends
<br />at least to the end of the Customer's exfsti ng Term .
<br />17. Ednetics Owned Customer Pr emises Equipment. Any Equi pment installed by Ed netics to perform or
<br />deliver Service(s) undet this Agreement which was not pu rc hased by the Customer, is the-sole pro perty of
<br />Ednetics and is referred to as "Ednetics CPE". Ednetics has the right to access, maintain, remove, replace or
<br />take any other actio n in connection with Ednetics CPE at any time for any reason. At all times, Customer
<br />shall: (i) refrain from physically tampering with o r modifying Ednetics CPE, or authorizing another to do ·so;
<br />and (ii) provide Ednetics with reasonable, sufficien t, and necessary access to Cust6mer1s facllitfes in order
<br />for Ednetics to fulfill its obligations under this Agreement. Customer shall provide Ednetics reasonable and
<br />necessary access to Edneti cs CPE at all reas.onable times in the event Ednetic·s needs to retrieve Ednetks
<br />CPE during or upon the expiration or termination of the applicable Service lerm. Customer al so agrees to
<br />cooperate with Ednetics in all communications with the landlord .at the Customer's premises if requested by
<br />Ednetics even after the expiration or termination of the applicable Service -Y:erm so. that Ednetics may
<br />retrieve physical possession of Ednetics CPE. Cust omer shall be responsib le for any and all damages to
<br />Edneti cs CPE caused by Customer or its end-users. Edr.ietics will not be responsible for any Interference or
<br />interruption in Service(s) that are related to or ca used by Customer Cf>E. 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 us ed with the Service(s) and Customer terminates this
<br />Agreement or Service(s) as a result, Customer will be responsible for all Non-Recurr.ing ·charges for
<br />Servlce(s) that are noted on the Service Orc:ler(s) as well as any third-party costs Ednetics may ha ve incurred.
<br />18. Limitation of Liability. Ednetics shall not be liable or responsible for any of the following: (i) the conteht 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 Cust_omer by any other party; or (vii) any act or omission of any other
<br />party furnishing services to GUstomer, or the installation and/or removal of any and all equipment supplies
<br />by any other services provider; or .(viii) inc.orrect publication of listings or phone number in the directory, If
<br />applicable. Notwithstanding the foregoing, the liability of Ednetics, if any, for damages a(ising out of
<br />mistakes, omissions, interruptions, delays, errors, or defects In the Serv:ice(s) or equipment provided by
<br />Ednetics, if any, o r for breach or warranties set forth in this Agreement, shall in no event exceed the Monthly
<br />.Charges for Service(s) that are the subject of the claim . IF ANY LIABILITY IS IMPO SED ON EDNET ICS, SUCH
<br />LIABILITY SHAL L BE LIMITED .O.S PROVI_DED IN THIS AGREEMENT, WHICH SHALL BE EDNETICS SOLE AND
<br />EXCLUSIVE LIABILITY REGARDLESS OF WHETHER LOSS OR DAMA.GE 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 />Ed netics or any of the officers of Ednetics by any thi rd-pa rty and the same arises out of, or fs directly o r
<br />Ednetics Inc. 888-809-4709 I EV-WAKITT-19022018-lA 7
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