Software Agreement - Cogent Communications Inc - ISP Provider for the MPAC Wireless Improvements

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Product Rider - Dedicated hilernO Access (Ver. 1 -10) Confidential (0 Cogent Communications. 2016 Service demarcation point will remain on the COGENT equipirleirt. COGENT may increase Crass-Comicet fees at any time totheextentCOGENT'sthird party costs directly associated with providing Ilse service (including, but not finifted to, third party data center rates)are increased by the third paTly. Wifhin em On -Net c.-mywreite huilAhig: If Service delivery takes place within an On -Net corporate building, COGENT will deliver the Service at a demarcation point situated on the COGENT equipment within the Customer's Kuilo, COGENT will provide, maintain and operate the necessary wiring ("Riser") between the building entry and the indicated demarcation point. At an (YL-Aler Customer Localion: OffNel Services are being delivered to file Cuslorner"Location indicated in the Order Fount through a third -party local loop to be provisioned by COGENT oil behalf ofCustomer. As such, the Customer and COGENT agree that the charges so forth in the Order Form for sneh Service assumes that such Service will be terminated at a fire-esiablished demarcation point or Illinilnuin point of entry (MPOE) in tire building housing the Customer Location, is deteinnnect by the local access provider. COGENT may charge Customer additional nonrecurrint; charges not otherwke set forth herein for such Service where the Customer or local access provider determines that it is necessary to extend the demarcation point orMPOE through the provision of additional infirastructurv, cabling, electronics or other inaterials necessary to reach the Cumorner Location, it shall be the Customer's responsibility to allow access to the facility for the local access provider, as well as to facilitate or coordinate with the property owner at the Customer Location, all additional space and electricity determined by the local access provider to be necessary to provide the Service. COGEN'Twill notify Customer ofany additional non-reurring charges, ifany, as soon as practicable after COGENT is notified by the local access provider ofthe innotint ol'such charges. From time to finic, COGENT may provide, and Ctisloincr may accept, budgetary estimates for the extension of (lie denuircation point to the COSWInUT LOCU6011 1101ig with the initial Order Forni. These estimated costs may be based oil cerlant known costs or typical installations that do not require extraordinary efforts by the provider to extend the scrvicc. Ili the event actual costs exceed the budgetary estimate, Cogent will notify the Customer is ou0bred above. In addition, the charges and the Term set forth in the Cider Form for the Service aSSUITICS that SUCII Service can be provisioned by COGENT through the local access provider selected by COGENT (and/Or Customer) fir the stated Term. Ili the even[ COGENT is unable to provision such Service through the selected local access provider or the selected local access provider requires a higher cost or longer Service'rerm than that set forth in the Order Fora, COGENT reserves the right, regardless of wliciller COGENT has accepted the Cider loran, to suspend provisioning of the Service hereunder and notify Customer in writing of any additional non -recurring; charges, moriffily recurring charges and/or Term that Illay apply, or to cancel the Service set forth our the Order Form. Upon receipt of such notice, Customet will have five (5) business days to accept or reject such changes. It'Cuslornerdoes not respond to COGENT within the five (5) busirress day period, such changes will be deemed rejected by Customer. In time event Customer rejects the changes (whether afflimatively or through the expiration of the five (5) business (lay period) or if CCGrN'I' elects to cancel the Service ordered herein, the affected Service will be cancelled without cancellation or termination liability ofeillierparty. COGENT may also increase Off -Net Service fees at any time to the extent COGENT's third pauly costs directly associated with providing such Off -Net Services (including, but not firinted to, loop provider or third party data center rates) are increased by the third party. CUSTOMER: By: Title: Date: Accepted and agreed to: COGENTCOMMUNICATIONS Hy: . .. ............ Title: Date: Page 3 of Cogent Communications Anvwv.cor�cmco.corrr See Order Fonn or web site for full contact details.