HomeMy WebLinkAboutOptimum Connection Upgrade - Highway Department Docusign Envelope ID:86E8B85D-ABBF-4E3E-AD43-F63A234DBC1E
DENIS NONCARROW Town Hall, 53095 Main Road P.O.
TOWN CLERK of tOtjT� Box 1179
Southold,New York 11971 Fax
C631) 765-6145 Telephone C631)
REGISTRAR OF VITAL 765-1800
STATISTICS MARRIAGE OFFICER c www.southoldtownny.gov
RECORDS MANAGEMENT �o
OFFICER FREEDOM OF
INFORMATION OFFICER ♦�ulrr�
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-851 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 5,2025:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Albert J. Krupski, Jr. to execute a Service Agreement/Order Form between the Town
of Southold and Optimum Business for the upgrade of the Optimum connection at the Southold
Town Highway Department from cable to fiber, for a total of Two Hundred and Fifty ($250.00)
Dollars a month, funded from budget line A.1680.4.200.100, subject to the approval of the Town
Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilman Mealy
SECONDER: Councilwoman Smith
AYES: Councilman Mealy, Councilwoman Smith, Councilwoman Doherty,
Justice Evans, Councilman Doroski, Supervisor Krupski, Jr.
NAYES: None
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Docusign Envelope ID:86E8B85D-ABBF-4E3E-AD43-F63A234DBC1E
Docusign Envelope ID:AF901984-EF5C-4DE6-881 1-A654FC91327D
optimum. Service Agreement/
business Order Form Date: 10110-025
• - .Customer Information,
Customer Status: Existing Customer
Customer Name: TOWN OF SOUTHOLD
Billing Address: PO Box 1179 Southold NY 11971
Sheer Address Suite City Stare Zip Code
Billing Contact: Phone Email
Order Contact: Lloyd Reisenberg Phone
(631)765-1891 Email Iloyd.reisen6erg@town.southol
Optimum Contact: Dan Bruno Phone (631)836-2517 Email dan.bruno malticeusa.com
t�,� . �`5 .` c d J a � -1- .�I11111.+�d'.![✓w�rs t-^�y.�. !�,mac"s s s `ix� ._.;�� }-�,
__. The above Customer-agrees to the ordering of the following Services: _
Order Type:ADD Account#:49665
Service Location Type:New Build Service Location Type:
'A'Location:275 Peconic Ln Peconic NY 11958,Peconic,NY 11958 'Z'Location:
Demarc:HWY DEPT Demarc:
Type 11 : ❑
7ndividaul Mmahll, Toml Monthly
Rerrir( CM"a as Rtrr Cho 1Voa Rew C1
1 Optimum Professional Installation $0.00 1 $0.00 $100.00
2 optimum Business-5 set Block of Static IP S30.00 1 $30.00 $0.00
3 Optimum Business Fiber 300 30OMb $205.00 1 $205.00 $0.00
4 Optimum Business Fiber Gateway S15.00 1 $15.00 $0.00
5 Installation Credit $0.00 1 $0.00
Month to Month For Internal Use Only
Service Term:
Total Monthly Recurring Charge: $250.00
Total Installation Charge: $0.00
'`.��.� . t_... .� - ,••-.Remarks: .� _
Upgrading account.07839-391317 02.Static IPs to rcmain the same.Modem Fee/Static IPs are already charged on account.Fiber 300 will replace Coax 300
manthfy charge.TV service will be moved to a new account number.
Optimum Business Terms 08.01.22_ggk Confidential&Proprietary Page 1 of 9
Docusign Envelope ID:86E8B85D-ABBF-4E3E-AD43-F63A234DBC1E
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' Terms and Conditions
After the end of your promotional period,your price will be our standard rates which can be found at opnmum.nedpncmg.
Subscription continues turd rcrews automatically each month until canceled.Cancel any time at 866-200-7186 or by logging into account at optimum.net.Cancellation effective at end of
then-current biiling period except in CT,NI and WV.
CSC Holdings.LLC on behalf of its wholly owned subsidiaries,Cequcl Communications,LLC.('Optimum'or'Optimum Business)and Customer acknowledge and agree to be bound
by the Terms and Conditions mtaehed hereto andiorset forth at ha S111yu'w a tlmttm oomfierms-of3eFvigg62uSiness Customer will be responsible for the rates listed on the,
Service Agrcomont form and all applicable local.state and federal taxes•charges reed assessmcntsalong with any other applicable charges.Customers purchasing Optimum Business
Hosted voice Scn iee(on.Fibcr).are also subject to,Busine:ss Hosted Additional T&C's for Fiber and Exhibits attached hereby and made pan of this Agreement
atiu Regarding E91.1 Services While your Optimum Phone Service may be supported by butery backup._it is eleetricallypowered, In dto evcar of a power outage or Optimum
nriwork failure.911 services will not be available. You arc prohibited from moving the phone modrnt from the address where it was installed. 1 f you move the phone modem the 911
service may.not function properly and'emctlenay operarors will not be able to identify the caller's location.
By signing,ihis Agreement;6)you represent that you tut the Customer nr Customer's authorized agent;(6)you agree that you have received a copy 1 of andhave ou been
given
vedan that you
opportunity to review this Commercial Service Oder and Agreement.(in)you agree to the terms and conditions of the Commercial Service Agree g Y
have read end understood the Notice Regarding'911 Sorviecsabove.This Agreement Shall not be deemed effective until it has been executed by both parties-
{ DocuSigned by:
Agreed by:
Customer Cequcl Communications, LC�(it>y(u��
Authorized Signature Authorized Signature:
� � + Davi us ansky
Print Name: �
- Print Name:
Title:
U Title: Manager Enterprise Sales
T 11/19/2025
Date: / 2 S Date:
Email:
k 4
Phone:
Optimum Business Terms 08.01.22_ggk
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General Terms and Conditions of Service(Business)
Subscriber("Customer"or"Subscriber")agree to be bound to these General Terms and Conditions of Service("Terms of Service'or"Agreement")with respect to all
Optimum services("Service(s)")provided by CSC Holdings,LLC and its affiliates and subsidiaries including Cequel Communications authorized;to provide the services
set forth herein(collectively,"Optimum"),as well as the additional terms of service applicable to the specific optimum services and/or features to which customer
subscribes or have access,as are set forth at www.00timum,net and may be updated from time to time,including the additional terms applicable to Optimum TV,
Optimum Online,Optimum WIN,Optimum voice,support services,mobile apps and Auto Pay(collectively,the"Additional Terms of Service"),which are incorporated
into these Terms of Service by this reference IndudingOptimunt DIA,Optimum Data and other Enterprise Fiber Service and Business Hosted Voice Service. Customer
further understands and agree that the Customer Privacy Notice.which governs the collection, use and disclosure of Subscriber personal information,is likewise
incorporated into these Terms of Service by reference.
GENERAL TERMS OF SERVICE APPLICABLE TO SERVICE(S):
1.Services.Optimum shall use reasonable efforts to make the Services available by any requested service date. optimum shall not be liable for any damages
whatsoever resulting from delays in meeting any service dates due to delays resulting from construction or for reasons beyond its control.Optimum shall provide
Customer with the Services and Equipment identified on the commercial service order presented to Customer'at time of installation('Service Order"):provided,
however, if Optimum determines that Customer's location is not serviceable under optimum's normal installation guidelines, Optimum may terminate this
Agreement.Optimum shall have no responsibility for the maintenance or repair of networks,facilities and equipment not furnished by Optimum.
2. payment of charges.The charges for one month of Services,including any deposits,activation,set-up,installation,construction and/or Equipment charges,are
due upon installation of the Services or as otherwise set forth on the Service Order.Thereafter,Customer agrees to pay monthly recurring Service charges and
Equipment charges (if any) in advance,Including all applicable fees(such as restoration or experience fees),taxes, regulatory fees,franchise fees, surcharges
(including sports and broadcast tv surcharges),or other government assessments no later than the date indicated on Customer's bill.Charges for non-recurring
Services or Equipment charges will be reflected on Customer's subsequent bill at the then current applicable rates.All rates for Services,Equipment charges and
other fees and surcharges are subject to change in accordance with applicable law.If Customer elects to pay by automatic recurring credit card,debit card or
automatic clearing house payments,Customer authorizes Optimum to charge such accounts.If Customer elects to send a check as payment,Customer authorizes
Optimum either to use information from Customer's check to make a one-time electronic funds transfer from Customers bank account or to process the payment
as a check transaction. Failure to receive a bill does not release Customer from Customer's obligation to pay.Failure to pay the total balance when due(including
checks returned for insufficient funds)shall constitute a breach of this Agreement and may be grounds for termination of Service,removal of Equipment from
Customer's premises and/or Imposition of a late fee("Late Fee")in accordance with applicable law.You can avoid incurring Late Fees by paying=your monthly bill.
promptly. Any Late Fee imposed on Customer is intended to.be a reasonable advance estimate of costs of managing past due accounts.The Late Fee is not
interest,a credit service charge or a finance charge.If the Customer has more than one account(Business and/or Residential)served by Optimum,all Optimum-
provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid.In the event collection activities are
required,an additional collection charge may be imposed.
3. Additional Fees. in addition to Customer's monthly recurring charges and any Late Fee, additional fees may be imposed,including fees for returned checks,
Payment Assistance Fees for paying by phone,receiving a paper bill,charge card chargeback,early termination,reconnection and service calls.Additional charges
may also be imposed if collection activities are required to recover past due balances,including attorney fees.A list of applicable fees"Schedule of Fees")is
available at www.Optimum.com.pricing-packages.Optimum reserves the right to amend or change the Schedule of Fees from time to time.
4.Third Party Provider-charges in connection with Customer's use of the Services and Equipment,Customer may be able to access,subscribe to, use and/or
purchase products, services,software or applications that are provided to Customer by third parties ("Third Party Providers").Customer acknowledges that
Customer may incur charges in connection with the subscription to,purchase or use of these Third-Party Provider products,services,software or applications.All
such charges,including any additional fees and applicable taxes,shall be paid by Customer to the Third-Party+Provider and are not the responsibility of Optimum.
Credits or billing adjustments for products,services,software or applications billed by a Third-Party Provider shall be subject to the stated billing practices of that
Third Parry Provider.Termination of a service or subscription offered for a separate charge-billed directly by a Third-Party Provider shall be effected in accordance
with the Terms of Service or similar agreement between the Customer and the Third Party Provider.
S. Taxes. Customer agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services,the Equipment or installation or service
charges incurred with respect to the same.
s. Term•Early Termination.Your Service Term subscription begins either on or the first day following your installation date and continues for the initial term set
forth on your Service Order("Initial Term"). If a Service Order does not specify an Initial Term, You have an automatically renewing monthly Term("Monthly
Subscription").
a. Monthly Term,If you have a Monthly Subscription,your subscription begins either on or the first day following your installation date and automatically renews
thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you.The monthly service charge(s)will be
billed at the beginning of your assigned billing period and each month thereafter unless and until you.cancel your Service(s).PAYMENTS ARE NONREFUNDABLE
AND.THERE ARE NO REFUNDS OR,CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIOD(S).You may cancel Service(s)for a period up to the last day of the billing
period prior to the service period that you with to cancel.,and the cancellation will be effective at the end of the then-current billing period.Any request for
cancellation after the commencement of a service period will be effective at the end of the then-current service period.Access to the Services will,if possible,
continue to be provided at the location ordered or,if you move,to your new location if in an Optimum-served area(subject to any installation charges).
b.Initial Term Subscription.If You have an Initial Term,your subscription begins either on or the first day following your installation date and continues for the
duration of the applicable Initial Term. Upon the expiration of the Initial Term,Customer's Term automatically renews thereafter on a monthly basis(each,a
"Renewal Month')beginning-on the first day of the next billing period assigned to you until cancelled by you.The monthly service charge(s)for each month
during the Initial Term and arty Renewal Months will be billed at the beginning of your assigned billing period and each month thereafter unless and until you
cancel your Service(s).PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR.PARTIALLY USED'SUBSCRIPTiON PER100(S).
i. If you cancel,terminate or downgrade the Service(s) before the completion of the Initial Term"),you agree to pay Optimum early cancellation fees in an
amount that includes: (1) all non-recurring charges reasonably expended by Optimum to establish service to Customer and not remunerated, (ii) any
disconnection,early cancellation or termination charges reasonably incurred and paid by Optimum to third parties on behalf of Customer..and(iii)all monthly
recurring charges for Services and Equipment for the remaining balance of the Initial Term.You agree that early cancellation fees or any other fees may
automatically be charged to your account and your credit or debit card provided to Optimum and you agree to pay such fees.
ii. Following the Initial Term,Customer may cancel Service(s)for a period up to the last day of the billing period prior to the service period that you wish to
cancel,and the cancellation will be effective at the end of the then-current billing period.Any request for cancellation after the commencement of a service
period will be effective at the end of the then-current service period.Access to the Services will,if possible,continue to be provided at the location ordered
or,if you move,to your new location if in a Optimum-served area(subject to any installation charges).
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Optimum Business Terms 08.01.22_ggk J !� Confidential&Proprietary
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Docusign Envelope ID:AF901984-EF5C-4DE6-881 1-A654FC91327D
7, Qtaht to Make Credit trtQILMI . Customer acknowledges and agrees that Optimum may (a) verify Customer's credit standing, make inquiries and receive
information about your credit experiences,including your credit report,from credit reporting agencies;(b)enter this information in your file,and disclose this
information concerning you to appropriate third parties for reasonable business purposes; and (c) furnish Information about you,your account(s) and your
payment history to those credit reporting agencies.
a. Security Deposit. Optimum may require a deposit or activation fee based on Customers credit standing or past payment history with Optimum.A deposit or
activation fee does not relieve the Customer of the responsibility for the prompt payment of bills on presentation.Any security deposit given by Customer for the
Equipment or Optimum's Service will be due and payable upon the first monthly billing.Such security deposits will be returned to Customer within sixty(60)days
of termination of Optimum's Service so long as payment has been made for all amounts due on Customer's account and Customer has returned the Optimum
Equipment undamaged.Security deposits paid by Customer for Equipment or Services may be used,to the extent permitted by law,to offset any unpaid balance
or charges after termination of Service.Customer shall remain liable for any outstanding balances after the security deposit has been applied.Further terms and
conditions of the'security deposit may be contained in the deposit receipt given to Customer at the time the security deposit is collected.
9. Disouted Charges.Customer agrees to pay all undisputed monthly charges and all applicable fees and taxes as Itemized on the Optimum monthly bill and notify
Optimum in writing of disputed items or requests for credit within thirty(30)days of Customer's receipt of the bill for which correction of an error or credit is
sought,or longer as provided by applicable law.The date of the dispute shall be the date Optimum receives sufficient documentation to enable Optimum to
investigate the dispute.The date of the resolution is the date Optimum completes its investigation and notifies the Customerof the disposition of the dispute.
io.AdIustments or Refunds.Any adjustment or refund,given in each case in optimum's sole discretion,will be accomplished by a credit on a subsequent bill for
Service, unless otherwise required by applicable law. No credit allowance will be made for interruptions of Service that are: (a)due to the negligence of or
noncompliance with the provisions of the Agreement by Customer or any person authorized by customer to use the Service;(b)due to the negligence of any
person other than Optimum including,but not limited to,the other common carriers connected to the optimum's facilities;(c)due to the failure or malfunction of
Customer owned equipment or third party equipment;(d)during any period in which Optimum is not given full and free access to its facilities and Equipment for
the purpose of investigating and correcting interruptions;(e)during a period in which Customer continues to use the Service on an Impaired basis;(f)less than
thirty(30)minutes'duration;(g)during any period when the Interruption Is due to implementation of a Customer order for a change In Service arrangements;or
(h)due to circumstances or causes beyond the control of Optimum.Unless otherwise provided by applicable law,in the event arty amounts owed by Optimum to
Customer are not claimed by Customer within one year of the date on which the amount became payable to Customer,Customer shall forfeit all rights to the
refund and all such amounts shall become the property of Optimum.
11.Equipment and Software."Distribution System`shall mean(1)all distribution plant,network faculties and associated electronics and all Equipment installed or
provided by CoUrnum or its predecessors which is necessary to distribute Services.throughout the premises,but specifically excluding inside wiring,and(2)all
EQuipment furnished by Optimum at the premises.Ownership of the Distribution System shall at all times be and remain in optimum and shall be used exclusively
by and in connection with Optimum operations.Upon termination of this Agreement and if optimum is no longer providing Services to the premises,Optimum has
the option to remove all or anyportionof the Distribution System,provided that any damage to the premises caused by removal of the Distribution System will be
repaired by Optimum to Customer's reasonable-satisfaction."Equipment"means all equipment,including but not limited to,any cables;wires,amplifiers,cable
boxes,access cards,remotes,cable cards,battery backup units,modems,routers,gateways,Altice One and Altice.One Mini units distributed to and/or Installed
for use in the Customer's service location but does not include Inside Wiring.'Inside Wiring"shall mean all wiring.on the Customer's side of the demarcation point
at Customer's service location,whether installed by Optimum or by Customer.The demarcation point shall mean point at(or about)twelve(12)Inches outside Of
where the cable wire enters the Customer's service location.Inside Wiring shall be Customer property and not optimum Equipment,and repair and maintenance
for such inside Wiring is the responsibility of Customer unless otherwise agreed by Customer and Optimum.None of the Equipment shall become a fixture nor
shall distribution,installation,and/or use of Equipment,including but not limited to cable boxes and/or set top boxes be deemed a lease of such.Equipment.
Unless otherwise stated in the Service Order,Customer will acquire no ownership or other interest in the Distribution System,Equipment,network facilities,and
software by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the Distribution System,Equipment or network facilities
to Customer's premises.
a. Misuse of Equipment.Optimum Equipment is intended to service and reside at the specific service location and is not to be removed from the service location
where it was installed or used off premises without Optimum authorization.Customer agrees that neither Customer nor any other person(except Optimum's
authorized personnel)will open,alter,misuse,tamper with, service, or make any alterations to any Equipment.Customer will not remove any markings or
labels from the Equipment.Customer agrees to safeguard the Equipment from loss or damage of any kind,and(except for any self-installation procedures
approved by Optimum)will not permit anyone other than a Optimum authorized representative to perform any work on'the Equipment.Any misuse,alteration,
tampering, or removal,or the use of Equipment which permits the receipt of Services without authorization or the receipt of Services to.an unauthorized
number of outlets,or to unauthorized locations constitutes theft of service and is prohibited,
b. Return of Equipment:If Customer's Service is terminated or cancelled(for whatever reason),unless Optimum expresses otherwise in writing,Customer agrees
that Customer no longer has the right to keep or use the Equipment and Customer must promptly return the Equipment.The Equipment must be returned to
Optimum in the same condition as when received, ordinary wear and tear excepted.Absent other instructions, if Customer fails to return the Equipment,
Customer will pay any expenses Optimum incurs in retrieving the Equipment.Failure of Optimum to remove the Equipment does not mean that Optimum has
abandoned.the Equipment.Optimum may impose a charge for unreturned Equipment to be determined in accordance with Optimum's then current schedule of
charges for non-retumed Equipment and/or continue to charge Customer a monthly Service fee every month until any remaining Equipment'Sr returned,
collected by Optimum or fully paid for by Customer. Any charge for unreturned Equipment shall be due immediately.Optimum retains ownership of all
Equipment.
c. Damaged or Lost Equipment.If the Equipment is damaged by Customer,destroyed,lost or stolen while in Customer's possession,Customer is responsible for
the cost of repair or replacement of the Equipment.
d.Operation of Equipment.Customer agrees to operate any Equipment in accordance with instructions of Optimum or Optimum's agent. Failure to do so will
relieve the Optimum Parties of liability for interruption of Service and may make the Customer responsible for damage to Equipment.
e.Tests and In9oections Upon reasonable notification to the Customer, and at a reasonable time, Optimum may make such tests and inspections as may be
necessary to determine that the Customer is complying with the requirements set forth herein.
f. Software.Customer agrees to comply with the terms and conditions of any software license agreement applicable to the software provided or installed by
Optimum ("Software").The Software shall be used solely in connection with the Services and Customer will not modify,disassemble, translate or reverse
engineer,the Software.All rights title and interest to the Software,including associated intellectual property rights,are and will remain with Optimum and
Optimum's licensors.If Customer's Service is terminated,Customer will Promptly return or destroy all Software provided by Optimum and any related written
materials.Optimum wail have the right to upgrade,modify and enhance the Equipment and Software from time to time.Customer acknowledges that the
Software;and any related written materials,maybe subject to applicable export Control laws and regulations of the USA.Customer agrees not to export or re-
export the Software,directly or indirectly,to any countries that are subject to USA export restrictions.
g. Reoair.Optimum will repair and/or replace defective Software or Equipment provided such damage was not caused by misuse, neglect or other fault of
Customer.Optimum assumes no responsibility and shall have no responsibility for the operation, maintenance, condition or repair of any Customer-provided
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equipment and/or software,including,but not limited to,televisions,computer devices,remote controls or other consumer electronics,including any hardware
or third party software,which may be connected to the Services("Customer Equipment"),except that Optimum may automatically push required software or
firmware updates directly to Customer Equipment when necessary for the provision of Optimum Service(s).Customer is responsible for the repair and
maintenance of Customer Equipment. Optimum is not responsible or liable for any loss or impairment of optimum's Service due in whole or in part to a
malfunction,,defect or otherwise caused by Customer Equipment.Optimum makes no warranties,with respect to Equipment or Service provided by Optimum
or with respect to the Equipment's compatibility with any Customer Equipment.
12.ProhibitionsfTheft of Service.Customer shall not intercept,receive or assist in the interception or receipt of,resell,distribute or duplicate any Services.In no
event shall Customer use the Services and/or Equipment to engage in any illegal or prohibited activity.
13.Customer LlabliftV for Users.Customer is responsible for any access,use or misuse of the Services and/or Equipment that may result from access or use by any
other person who has access to Customer's premises,equipment or account.Customer is responsible for ensuring that all persons who use Customer's subscribed
to Services("Users")understand and comply with all terms and conditions applicable to the Services.
14.eustness Hosted Voice on Fiber.Customers purchasing Business Hosted Voice on Fiber are also bound by the Additional Terms for Business Hosted Voice Service
on Fiber found at www.optimum.com/terms•and-loo[iCies ("Terms of Service")and Exhibits Al and A2 as set forth below.
a.SOFTPHONFS OFF 5RE PHONES&WIFI CONNECTIVITY: OPTIMUM ALLOWS THE ABILITY TO ACCESS THE HOSTED VOICE SERVICE THROUGH SOFTPHONES,
OFF-SITE PHONES AND WIN CONNECTIVITY. IN NO EVENT SHALL OPTIMUM BE RESPONSIBLE FOR, NOR DOES IT WARRANT THE PERFORMANCE OR
INTEROPERABILITY OF THE SERVICE IN CONNECTION WITH ANY SOFTPHONES, OFF-SITE PHONES OR WIRELESS CONNECTIVITY. IT IS CUSTOMER'S SOLE
RESPONSIBILITY TO SUPPORT AND TROUBLESHOOT ANY RELATED CONNECTIVITY ISSUES UNDER THIS SECTION. CUSTOMER ACKNOWLEDGES AND
UNDERSTANDS THE HOSTED VOICE PRODUCT CHARACTERISTICS AS SET FORTH IN THE OFF-SITE REMOTE PHONE AND SOFTPHONE ACKNOWLEDGEMENT
ATTACHED HERETO AS EXHIBIT A2.PHONES NOT PROVIDED BY OPTIMUM UNDER THIS AGREEMENT ARE NOT PERMITTED NOR SUPPORTED AND USE OF SUCH
PHONES WILL RESULT IN TERMINATION OF THIS AGREEMENT.
b.Ememency Calling Services 1E9111 for Hosted Voice Service_ Customer is responsible for complying with all applicable emergency calling service laws.E911
procedures and restrictions are set forth in Emergency Calling Services Terms and Conditions attached hereto as Exhibit Al.
i5.Managed OOoS Protection Service: Managed DDoS (Distributed Denial of Service) Protection Service purchased pursuant to this Agreement and offered in
nitor, detect and mitigate Altice Business Internet Service inbound traffic against
conjunction with Altice Business Internet Service (over fiber) only, will mo
bandwidth. Managed DDoS Protection Service is provisioned over Altice Business
DDoS attacks and provide cleansing up to thirty (30) times the contracted
Internet Service/traffic only.
16S lervice Leve Agreement:The Service Level Agreement("SLA")attached hereto as Exhibit A sets forth Customer's sole remedy for any claim relating to the Service
including any failure to meet any guarantee as set forth in the SLA.
17.Access to Customer Premises.Customer grants Optimum and its employees,agents,contractors,and representatives all necessary rights of access to enter and
within Customer's premises,including access to space for cables,conduits and equipment,the wiring within Customer's premises and Customer's computer(s)and
other devices,to install,deliver,connect,inspect,maintain,repair,replace,disconnect,remove or alter any and all facilities,check for signal leakage or install or
deliver Equipment and Software provided by Optimum.Customer shall Cooperate improviding such access upon request of Optimum.,if Customer is not the owner
of the premises,Customer warrants.that Customer has obtained the legal authority of the owner to authorize Optimum personnel and/or Its agents to enter the
premises for the purposes described herein.optimum's failure to remove its Equipment shall not be deemed an abandonment thereof. Customer shall provide a
secured space with electrical power,climate control and protection against fire,vandalism,and other casualty for optimum's equipment.Customer is responsible
for ensuring that Customer's equipment is compatible for the Services selected and with the Optimum network.
18.Violations of this Agreement.It shall be a violation of this Agreement for Customer or any User(1)to engage in any conduct prohibited by this Agreement(or by
any terms and conditions incorporated herein by reference);or(2)not to engage in conduct required by this Agreement;each case determined in Optimum's sole
good faith discretion.In addition,whether or not the conduct set forth below is elsewhere prohibited by this Agreement,it shall be a violation of this Agreement if:
(a)Customer or any User fails to abide by Optimum's rules and regulations or to pay the charges billed;(b)Customer or any User fails to provide and maintain
accurate registration information or the information required in the registration process Is or becomes incorrect,absent or incomplete;(c)Customer or any User
engages in any illegal or prohibited activity in connection with their use of any Service;(d)Customer or any User harasses,threatens or otherwise abuses any
Optimum employee or agent;(e)Customer or any User refuses to provide Optimum with reasonable access to the service location or refuses to allow Optimum to
diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support;or(f)
The amount of customer and/or technical support required to be provided to Customer or any User is excessive in the sole good faith discretion of Optimum.
isi.Termination.Optimum may terminate this Agreement,disconnect or suspend any or all Services,and remove Equipment at anytime,without prior notice,for any
reason whatsoever or for no reason,including but not limited to if Customer or any User fails to fully comply with the terms of this Agreement and/or any
Optimum or authorized Third Parry Provider terms of service;agreements or policies incorporated herein by reference.If Optimum terminates Service due to a
Violation of this Agreement or Optimum's po8cies; Customer may be subject to additional fees and charges, including disconnect and termination fees and
Optimum may also exercise other rights and remedies available under law or in equity.
zo.Effect of Termination by Optimum.Customer agrees that in the event of termination by Optimum:(1)Optimum and any Third Party Providers of Co-branded
services offered as part of or through the high speed internet service shall have no liability to Customer or any User;and(11)unless expressly prohibited by law.
Optimum, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any Component of the Services by
Customer or any former User. Customer further agrees that upon termination of any Service,Customer will immediately cease use of the Equipment and any
Software,and;Customer will pay in full the charges for Customer's use of the Service and the Equipment through the later of:(i)Customer's applicable Service
month,or(ii)if applicable,the expiration of any promotional term,or,if applicable,(iii)the date when the associated Equipment or Software has been returned to
Optimum.Failure of Optimum to remove Equipment shall not be deemed an abandonment thereof.Customer shall pay reasonable collection and/or attomey's
fees to Optimum in the event that Customer shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
21.Content and Services.All content,program services,program packages,number of channels,channel allocations,broadcast channels,interactive services,email,
data offerings and other services are subject to change in accordance with applicable law.
zz.Disciaime►.Optimum assumes no liability for any program,services,content or information distributed on or through the Services,Equipment or the cable system,
unless locally provided by Optimum,and Optimum expressly disclaims any responsibility or liability for your use thereof.Further,Optimum shall not be responsible
for any products,merchandise or prizes promoted or purchased through the use of the Services.
23.Teleohone Communications Regarding Customer Account or Service.Customer agrees that Optimum and its agents may call or text you at any phone number
(landline or wireless) that you provide to us,using an automated dialing system and/or a prerecorded message,for non-promotional service and/or account-
related purposes,such as appointment confirmations,service alerts,billing and collection issues or account recovery concerns.Customer agrees to notify us:(1)if
any such phone number changes; (2) is no longer active; or (3)is ported from a Iandline to a wireless phone number. Customer can manage your contact
preferences by logging into your account at http://www.Optimum.com.
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Confidential&Proprietary
Docusign Envelope ID:86E8B85D-ABBF-4E3E-AD43-F63A234DBC1E
Docusign Envelope ID:AF901984-EF5C-4DE6-8811-A654FC91327D
24.No Waiver.The failure of Optimum to enforce this Agreement and any of its components,for whatever reason, shall not constitute a waiver of any right of
Optimum or the ability to assert or enforce such right at any time in the future.
zs.No Assignment.This Agreement and the Services and/or Equipment supplied by Optimum are not assignable or otherwise transferable by Customer,without
specific written authorization from Optimum.In optimum's discretion,Optimum may assign,in whole or in part,this Agreement,and Service may be provided by
one or more legally authorized Optimum affiliates.
26.No Warranty Limitation of Liability.Customer expressly agrees that:(a)the Services provided are best efforts services and the Services,Software and Equipment
are provided by Optimum on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied; (b) Optimum, its officers,
shareholders, directors,employees,affiliates,vendors, carrier partners, content providers and other persons or entitles involved in providing the Services or
Equipment(collectively,the"Optimum Parties")are not responsible or liable for any loss or impairment of service due in whole or in part to Customer owned-or
provided-Equipment;and(c)all use of the Services,Software and Equipment,including that provided by Third Parry Providers,as well as the purchase,download
or use of any third parry service,product,or application provided by or accessed through the Services orfiquipment,are provided at Customer's sale risk and
Customer assumes total responsibility for Customer's or any.User's use of the Services.Without limiting the generality of the foregoing,the optimum Parties make
no warranty: (I) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (it) as to transmission or upstream or
downstream speeds of the network;(lit)that the Seryices,.Equipmerit or Software are compatible with any-Customer owned=or provided-Equipment;or(iv)as to
the security of Customer's communications via Optimum's facilities or Services,or that third parties will not gain unauthorized access to or monitor Customer's
communications.Customer has the sole responsibility to secure Customer's communications and the Optimum Parties will not be liable for any loss associated
with such unauthorized access. In addition, neither the Optimum Parties nor any Third-Party Provider of services or products makes any representations or
warranties with respect to any product or services offered through the Services or Equipment,and Optimum shall not be party to nor responsible for monitoring
any transaction between Customer and any Third Party Provider of products or seMces.
Except for a refund or credit as expressly provided in this Agreement,in no event(Including negligence)will the Optimum Parties be held responsible or liable for
any loss,damage,cost or expense including direct,indirect,incidental,special,treble,punitive,exemplary or Consequential losses or damages including,but not
limited to,loss of profits,earnings,business opportunities,loss of data, personal inlury,(including death),property damage or legal fees and expenses,sought by
Customer or anyone else using Customer's Service account:(x)resulting directly or indirectly out of the use or inability to use the Services{including the inability to
access emergency 911 or e911 services)and/or use of the Software, Equipment or provided third party services or otherwise arising in connection with the
installation,maintenance,failure,removal or use of Services,Software and/or Equipment or Customer's reliance on the Services,Software and/or Equipment,
including without limitation any mistakes,omissions,interruptions,failure or malfunction,deletion or corruption of files,work stoppage,errors,defects,delays in
operation,delays in installation,failure to maintain proper standards or operation,failure to exercise reasonable supervision,delays in transmission,breach of
warranty or failure of performance of the Services,Software and/or Equipment;or(y)resulting directly,or indirectly out of,or otherwise arising in connection with,
any allegation,claim,suit or other proceeding relating to-Services,Software and/or Equipment,or the infringement of the copyright,patent,trademark,trade
secret,confidentiality,privacy,or other intellectual property or contractual rights of any third party.optimum's Maximum Liability to Customer arising under this
Agreement shall be the lesser of$5,000.00 or the amount actually paid by Customer for Services hereunder for the respective regular billing period.
27.Indemnd'icatlon.Customer agrees to defend, indemnify, and hold harmless Optimum Parties from and against any and all claims and expenses, including
reasonable attorneys'fees,arising out of or related in any way to the use of the Service and Equipment by Customer or otherwise arising out of or related in any
way to the use of Customer's account or any equipment or facilities in connection therewith,or the use of any other products or services provided by Optimum to
Customer.Customer agrees to indemnify and hold harmless the Optimum Partiesagainst claims,losses or suits for Injury to or death of any person,or damage to
any property.which arises from the use,placement.or presence or removal of Optimum's Equipment,facilities and associated wiring on Customer's premises and
further, Customer indemnifies and holds harmless the Optimum Parties against claims for libel, slander,or the Infringement of copyright arising directly or
Indirectly from the material transmitted over the facilities of Optimum or the use thereof by Customer;against claims for infringement of patents arising from
combining with or using in connection with,facilities furnished by Optimum,and apparatus,Equipment,and systems provided by Customer;and against all other
claims arising out of any act or omission of Customer in connection with the Services or facilities provided by Optimum.
2e.Regulatory Authority.This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court
rulings,and administrative orders,as amended.
zS.BiNDING ARBITRATION. Please read this section carefully.It affects Customers rights
L. Agreement to Arbitrate Disputes.Any and all disputes arising between The Customer and Optimum,or its respective predecessors in interest, successors,
assigns,and past,present,and future parents, subsidiaries,affiliates,officers,directors,employees,and agents,shall be resolved by binding arbitration on an
individual basis in accordance with this arbitration provision.This agreement to arbitrate is intended to be broadly interpreted.Itindudes,but is not limited to:
Claims arising out of or relating to any aspect of the relationship between us,whether based in contract,tort,statute,fraud,misrepresentation
or any other legal theory.
Claims that arose before this or any prior Agreement;and
Claims that may arise after the termination of this Agreement.
Notwithstanding the foregoing,either Customer or Optimum may bring claims in small claims court in Customers jurisdiction,if that court has jurisdiction over the
parties-and the action and the claim complies with the prohibitions on class,representative,and private attorney general proceedings and non-individualized relief
discussed below.If the law of Your jurisdiction allows small claims actions to be removed or appealed for a trial de novo In a Court of general'jurisdiction,that
appeal instead shall be resolved in an individual arbitration under this arbitration provision.The Customer may also bring issues to the attention of federal,state,
and local executive or administrative agencies.
Resolving Customer dispute with Optimum through arbitration means The Customer will have a fair hearing before a neutral arbitrator instead of in a court before
a judge or jury.THE CUSTOMER AGREES THAT BY ENTERING INTO THIS AGREEMENT,THE CUSTOMER AND OPTIMUM EACH WAIVE THE RIGHT TO A TRIAL BY
JURY AND THE RIGHT TO PARTICIPATE IN A CLASS,REPRESENTATIVE,OR PRIVATE ATTORNEY GENERAL ACTION.
b.opting Out of Arbitration.IF THE CUSTOMER HAS BEEN AN EXISTING SUBSCRIBER FOR AT LEAST 30 DAYS BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT
AND HAVE PREVIOUSLY ENTERED INTO AN ARBITRATION AGREEMENT WITH OPTIMUM OR A PREDECESSOR COMPANY,THIS OPT OUT PROVISION DOES NOT
APPLY TO THE CUSTOMER.
IF THE CUSTOMER BECAME A SUBSCRIBER WITHIN THE 30 DAYS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THiS AGREEMENT,AND DO NOT WISH TO BE
BOUND BY THIS ARBITRATION PROVISION, THE CUSTOMER MUST NOTIFY OPTIMUM IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS
AGREEMENT.
IF THE CUSTOMER BECAME A SUBSCRIBER AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, AND DO NOT WISH TO BE BOUND BY THIS ARBITRATION
AGREEMENT, THE CUSTOMER MUST NOTIFY OPTIMUM IN WRITING WITHIN 30 DAYS OF THE OPENING OF CUSTOMER'S OPTIMUM ACCOUNT. IN ALL
INSTANCES, NOTICE SHALL BE PROVIDED BY EMAILING US AT NOARBITRATION@ALTICEUSA.COM OR BY MAIL TO: OPTIMUM SHARED SERVICES, 1111
STEWART AVENUE,BETHPAGE,NY 11714,ATTN:ARBITRATION.
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Confidential&Proprietary ��
Docusign Envelope ID:86E8B85D-ABBF-4E3E-AD43-F63A234DBC1E
Docusign Envelope ID:AF901984-EF5C-4DE6-8811-A654FC91327D
TO BE VALID,AN OPT-OUT NOTICE MUST:(1)INCLUDE THE CUSTOMERR NAME,ADDRESS,OPTIMUM ACCOUNT NUMBER,PHYSICAL SIGNATURE IF SENT BY
MAIL OR ELECTRONIC SIGNATURE IF SENT VIA EMAIL, AS WELL AS A CLEAR STATEMENT THAT ARE REJECTING THE ARBITRATION PROVISION IN THIS
AGREEMENT;AND(2)BE RECEIVED BY OPTIMUM WITHIN THE APPLICABLE 30-DAY TIME PERIOD ABOVE.
YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH OPTIMUM OR THE DELIVERY
OF OPTIMUM SERVICES TO THE CUSTOMER.OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY OTHER PRIOR OR FUTURE ARBITRATION
AGREEMENTS THATTHE CUSTOMER MAY HAVE WITH OPTIMUM.
C.Pro-Arbitration Process. (i.)Notice Of Dispute.A party who intends to commence arbitration must first send the other party a written Notice of Dispute and
engage in a good-faith negotiation of the dispute In an effort to resolve it without the need for arbitration.To be valid,Your Notice of Dispute must include:(1)
The Customer name;(2)the account number and service address;(3)an ernail address and telephone number at which The Customer may be reached during
business hours;(4)a description of the nature and basis of your.claims or dispute(including where applicable specific dates);(5)an explanation of the specific
relief sought;(6)Your physical or electronic signature;and(7)if The Customer has retained an attorney,Your signed statement authorizing Optimum to disclose
your confidential account records to Your attorney if necessary in resolving Your claim.For Your convenience,The Customer may download a Notice of Dispute
form from our website at www 0otimum.net/NoticeofDisoute-Once the Customer has written the letter or filled out the Notice,send it to us by certified mail at
Optimum Shared Services,1112 Stewart Avenue,Bethpage,NY 11714,Attn:Customer Disputes.Optimum will send any Notice of Dispute to The Customer at the
billing address on file with the account.(ii.)60 Day Wait Period.Whoever sends the Notice of Dispute must give the other party 60 days after receipt to investigate
the claim.During that period,either party may request an individualized discussion:(by phone call or videoconference)regarding settlement,which shall take
place at a mutually agreeable time(which can be after the 60-day period).The Customer and an Optimum legal or business representative(or outside counsel)
must personally participate,unless otherwise agreed in writing.Your lawyers(if any)also can participate.If Optimum has not been Able to resolve yourdispute to
your satisfaction within the later of 60 days from when we received your Notice of Dispute or the date of the individualized discussion regarding settlement,the
Customer may start arbitration proceedings-The Notice of Dispute and discussion requirements are essential in order to give the parties a meaningful chance to
resolve disputes informally. If any aspect of these requirements has not been met,the parties agree that a court can enjoin the filing or prosecution of an
arbitration,and,unless prohibited by law,the arbitration administrator shall neither accept nor administer the arbitration nor assess fees in connection with such
an arbitration.The submission of a Notice of Dispute will toll the statute of limitations for the claim until the later of 60 days from when we received your Notice
of Dispute or the date of the individualized discussion regarding settlement.
d.Commencing an.Arbitration.To commence an arbitration,The Customer must submit a written Demand for Arbitration to the American Arbitration Association
("AAA"),Case Filing Services,1101 Laurel Oak Road,Suite 100,Voorhees,NJ 08043,with a copy to Optimum.A Demand for Arbitration form can be found on the
AAA website at https://www.adr.org/ruiesformsfees.
e.Arbitration Process.The arbitration will be administered by the AAA under the AAA's Consumer Arbitration Rules,as modified by this arbitration provision.The
Customer may obtain copies of those rules from the AAA at www.adr.org.If the AAA will not enforce this arbitration provision as written,it cannot serve as the
arbitration organization to resolve Your dispute.If this situation arises,or if the AAA for any reason cannot serve as the arbitration organization,the parties shall
agree on a substitute arbitration organization or ad hoc arbitration,which will enforce this arbitration provision as to the dispute.If the parties are unable to
agree,the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will administer
arbitration under this arbitration provision as written.If there is a conflict between this arbitration provision and the AAA rules,this arbitration provision shall
govern.
A single arbitrator will resolve the dispute between The Customer and optimum.Participation in arbitration may result in limited discovery.The arbitrator will
honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally
identifiable information.
All issues are for the arbitrator to decide,except issues relating to arbitrability,the scope or enforceability of this arbitration provision,the interpretation of its
prohibitions of class,representative,and private attorney general proceedings and non-individualized relief,and compliance with the requirements of
s of this arbitration provision.Although the
26,c and 26.g shall be for a court of competent jurisdiction to decide.The Arbitrator is limited and bound by term
arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law,an arbitrator's ruling will not be
binding in other proceedings involving different customers.The arbitrator will make any award in writing but need not provide a statement of reasons unless
requested by a party.An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless the parties agree otherwise,any arbitration hearing will take place in the county(or parish)of Customer's service address.if the amount in dispute is less
than$50,000,Optimum agrees that The Customer may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator,
by a telephonic or videoconference hearing,or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds$75;000,or the claim seeks any form of injunctive relief,either party may appeal the award to a three-arbitrator
within
administered by AAA under its Optional Appellate Arbitration Rules(including its rules.governing allocation of fees and costs)by a written notice of appeal
thin
thirty(30)days from the date of entry of the written arbitration award.The award shall be stayed during any such appeal.The members of the three-arbitrator
-arbitrator panel will issue Its decision within one hundred and twenty(120)days of the date of the
panel will be selected according to AAA rules The three hall be final and binding,subject to any right of judicial review that exists under the
appealing party's notice of appeal.The decision of the three-arbitrator panel s
FAA.
f.Arbitration Fees.Except as otherwise provided in this arbitration provision, if Optimum initiates an arbitration, Optimum will pay all arbitration filing,
administrative,and arbitrator fees.
If The Customer initiate an arbitration,The Customer will be responsible for paying i portion of the arbitration fees 0 follows: , Customer is seeking claims of
es
$1,000 or less,Customer's share of the fees will be capped at$100,and If Customer is seeking claims of between 5ifees ill be ,Customer 5 share of such lees
will be capped at$200.If Customer is seeking claims of more than$10,000,the filing,administrative and arbitrator fees will be allocated in accordance with the
AAA rules.If Customer cannot pay Your share of these fees,Customer may request a fee waiver from the AAA.in addition,Optimum will consider reimbursing
Your share of these fees if The Customer indicates they cannot afford them and,H appropriate,will pay directly all such fees uponYour written request prior to
the commencement of the arbitration.The Customer is responsible for all additional costs and expenses that The customer incurs in the arbitration,including,but
not limited to, attorneys'or expert witness fees and expenses, unless the arbitrator determines that applicable law requires optimum to pay those costs and
expenses.
Notwithstanding the foregoing,if the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose(as measured by the standards
of Federal Rule of Civil Procedure 11(b)),then the AAA rules shall govern the allocation of arbitration fees,and The Customer agrees to reimburse Optimum for
any amounts Optimum may have paid on Your behalf.
&Mass Arbitration Procedures.If 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims and are represented by the same or
coordinated counsel, all the cases must be resolved in staged bellwether proceedings. The Customer agrees to this process even though it may delay the
resolution of your claim.in the first stage,each side shall each Select up to 15 cases(30 cases total)to be filed in.arbitration and resolved individually by different
arbitrators.in the meantime,no other cases may be riled in arbitration,and the AAA shall not accept,administer,or demand payment of fees for arbitrations
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Docusign Envelope ID:AF901984-EF5C-4DE6-8811-A654FC91327D
commenced in violation of this Mass Arbitration Procedures section.If the parties cannot agree how to resolve the remaining cases after the conclusion of the first
stage of bellwether proceedings,the process will be repeated until all claims are resolved.
if this Mass Arbitration Procedures section applies to a Notice of Dispute,any statute of limitations applicable to the claims set forth in that Notice of Dispute will
be tolled from the time the first cases are selected for bellwether proceedings until that Notice of Dispute is selected for a bellwether proceeding,withdrawn,or
tion Procedures section,including by enjoining the mass tiling or prosecution of
otherwise resolved.A court will have the authority to enforce this Mass Arbitra
arbitrations or the assessment or collection of AAA fees, n Act("FAA"),not state arbitration law,
h,Governing Law.Because the Service(s)provided to The Customer involves interstate commerce,the Federal Arbitratio
shall govern the arbitrability of all disputes under this arbitration provision.Any state statutes pertaining to arbitration shall not be applicable.
i. Waiver of Class and Reare_sentative.Actions.YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SOON AN INDIVIDUAL
if any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, or request for relief(such as a request for public
injunctive relief)then The Customer and optimum agree that such claim or request for relief(and only that claim or request)shall be decided by a court after all
other claims and requests for relief are arbitrated.In that instance,or any instance when a claim between The Customer and Optimum proceeds to court rather
than through arbitration,The Customer and Optimum each.waive the right to any trial by jury through this Agreement.
j.Amendments,to this Arbitration Provision.Notwithstanding any provision in the Agreemert to the contrary,The Customer and optimum agree that if Optimum
makes any amendment to this arbitration provision (other than an amendment to any notice address or website link provided herein) in the future, that
amendment shall apply to all disputes or claims that have arisen or may arise between The Customer and Optimum,including disputes or claims that arose prior
to the effective date of the amendment.We will notify the Customer of amendments to this arbitration provision in the manner described in Section 31.If the
Customer does not agree to the revisions,the Customer must cease use of all Service(s)within 30 days and notify Optimum that The Customer are canceling this
Agreement.
k.Severability and Survival.If any other portion of this arbitration provision is determined to be unenforceable,then the remainder of this arbitration provision
shall be given full force and effect.The terms of the arbitration provision shall survive termination,amendment or expiration of this Agreement.
30. ggygMfng Law.Subject to Section 29.h above,this Agreement shall be governed by the laws of the state of New York.
31.No Relationship.Nothing in this Agreement will create any joint venture,joint employer,franchisee-franchisor,employer-employee or principai-agent relationship
between Optimum and any content,backbone';network,circuit and other technology or communications providers,software and other licensors,hardware and
eed Internet Service,nor impose upon any such companies any obligations
equipment suppiiers or other third party providers of elements of the High Sp for any
losses,debts or other obligations incurred by the other.
32.5urviyal.All representations,warranties,indemnifications,dispute resolution provisions and limitations of liability contained in this Agreement shall survive the
termination of this Agreement,as well as any other obligations of the parties hereunder which,by their terms,would be expected to survive such termination or
which relate to the period prior to termination(including legal conditions,payment,and Optimum rights and the rights of others)..
33.Force Mateure,:Optimum Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control,including but not
limited to:aces of God,fire,Hood,explosion or other catastrophes;any law,order,regulation,direction,action or request of the United States government or of
any other government Including state and local governments having or claiming jurisdiction over Optimum,or of any department,agency,commission,bureau
corporation or other instrumentality of any one or more of these federal,state,or local governments or•of any military authority;preemption of existing service in
compliance with national emergencies;acts of terrorism,insurrections, riots,wars,unavailability of rights-of-way,material shortages,strikes,lockouts,or work
stoppages.
34.E UM Agreement.This Agreement,including the applicable Additional Terms of Service,Privacy Polley and Acceptable Use Polity("AUP"),the Service Order and.
the Schedule of Fees constitute the entire agreement between Optimum and Customer with respect to the Services.No undertaking,representation or warranty
made by an agent or representative of Optimum in connection with the sale,installation,maintenance or removal of optimum's Services or Equipment shall be
binding on Optimum except as expressly included herein. ry,35.Amendment:Notice Optimum may,in its sole,discretion,change,modify,add or remove portions of this Agneen U e of at such time.
Opti angesum may
norm's webs to
of any such changes to this Agreement, or an other required or desired notice hereunder, by posting
(www:optimum.com),or by sending notice via email or postal mall to Customer's billing address,and/or by contacting the telephone numbers)on Customer's
account(including mobile phones) by means such as but not Iirnited to browser bulletins,wa0ed garden (browser interruption),voice,SMS, MMS,and text
messages,including by the use of by automatic telephone dialing systems.Customer agrees that any orre of the foregoing will constitute sufficient notice.Because
Optimum may from time to time notify Customer about Important Information regarding the Services,the Privacy Policy and this Agreement by such methods,
Customer agrees to regularly check postal mail,.e-mail and all postings on the Optimum web site(www.OptimumX0m)and.Customer bears the risk of failing to do
so.The Customer's continued use of the applicable Service(s).fallowing'notice of such change,modification or amendment shall be deemed to be the Customers
acceptance of any such revision.if Customer does not agree to any revision of this Agreement,Customer must Immediately cease use of all Services)and notify
Optimum that Customer is cancelling this Agreement in accordance with the then-current policy.
t
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Optimum Business Terms OB.01.22 ggk
COVER SHEET FOR DOCUMENTS
S E NT TO: IC--
Sent By: TOWN ATTORNEY, PAUL M. DECHANCE
DEPUTY T/A, JACK SQUICCIARINI
ASSISTANT T/A, J U LI E M. MCGIVNEY
ASSISTANT T/A, BENJAMIN JOHNSON
CONFIDENTIAL SECRETARY, AMY SCHLACHTER �-
Type of Agreement , .,
HOV 2 1 2025
Nature of Contract/Agreement a
E z1Tcvmu