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GENERAL PROVISIONS
<br />Section 7.1 Counterparts; Electronic Communications.
<br />This Agreement may be executed in two or more counterparts (including by means of faxed or emailed signature pages),
<br />each of which will be deemed an original, and all of which together will constitute one and the same instrument.
<br />Photocopies, facsimile transmissions and other reproductions of this executed original (with reproduced signatures) will be
<br />deemed original counterparts of this Agreement. The parties consent and agree the Agreement and any OFS may be
<br />entered into electronically by way of electronic signatures (for example, by electronically clicking a box confirming agreement
<br />or utilizing third party software such as UocuSign), and any such electronic signatures shall be binding and treated as
<br />original signatures. In the event US Signal requires a correction or clarification to an executed OFS prior to the Service's
<br />first day of availability, an email communication from Customer may be utilized as an acceptable method of approval for any
<br />such correction or clarification and shall be incorporated as part of the OFS.
<br />Section 7.2 Notices,
<br />Except as described in Section 1.1 of this Agreement, all notices, including but not limited to, demands, requests and other
<br />communications required or permitted hereunder (not including invoices) shall be In writing and shall be deerned to be
<br />delivered when actually received, whether upon personal delivery or If sent by facsimile, mail or overnight delivery. All
<br />Customer notices shall be addressed as designated on page one (1) of this Agreement and US Signal notices shall be
<br />addressed as follows: US Signal Company, L.L-C,, Attn: Contracts. 201 Ionia Avenue SW, Grand Rapids, Nil 49503
<br />(collectively 'Legal Notices"). Either party must provide the other party written notice of any changes to its Legal Notices.
<br />Section 7.3 Assignment.
<br />This Agreement shall not be assigned by Customer without the prior written consent of US Signal.
<br />Section 7.4 Successors and Assigns.
<br />Ali of the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and be enforceable by
<br />the successors and assigns of the parties to this Agreement -
<br />Section 7.5 Severability.
<br />The unenforeeability of any provision of this Agreement shall not affect the enforceability of the remaining provisions of this
<br />Agreement,
<br />Section 7.6 Force Majeure.
<br />Neither party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control, including
<br />but not limited to, acts of God, fire, explosion, vandalism, cable cuts, storms or other similar catastrophes; any law, order,
<br />regulation, direction, action or request of the United Stales government, or of any other government, including state and local
<br />governments having jurisdiction over either of the parties, or of any department, agency, commission, court, bureau,
<br />corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national
<br />emergencies; insurrections, riots, wars, or strikes, lockouts, work stoppages or other labor disputes or difficulties ("Force
<br />Majeure Event')- Notwithstanding anything to the contrary set forth herein, Customer agrees that payment obligations
<br />hereunder shall be absolute and not subject to delay due to any Force Majeure Event -
<br />Section 7.7 Regulatory Requirements.
<br />If the Federal Communications Commission, a state Public Utilities or Service Commission or a court of competent
<br />jurisdiction, issues a rule, regulation, law or order which has the effect of changing or superseding any material term or
<br />provision of this Agreement, including rates, surcharges or taxes, then this Agreement shall be deemed modified in such a
<br />way as is consistent with the form. Intent or purpose of the ruling,
<br />Section 7.8 Tariffs.
<br />Subject to the terms set forth in this Agreement, US Signal hereby Incorporates by reference those provisions of its tariffs
<br />that govern the provision of any of the services or facilities provided hereunder. It any provision of this Agreement and an
<br />applicable tariff cannot be reasonably construed or interpreted to avoid conflict„ the provision contained In this Agreement
<br />Proprietary & Confidential page 6 of 7 City of South Bend —Water Works 110218 - R
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