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Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as <br />well as to use ancillary equipment space within a building, as necessary for Customer's connection to AT&T's network. <br />Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably <br />requires to provide the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes, <br />wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform installation of the <br />Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will <br />have the Site ready for AT&T to perform its work according to a mutually agreed schedule. <br />3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides <br />Services is a suitable and safe working environment, free of Hazardous Materials. "Hazardous Materials" means any <br />substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, <br />handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. <br />AT&T does not handle, remove or dispose of Hazardous Materials, and AT&T has no obligation to perform work at a location <br />that is not a suitable and safe working environment. AT&T will not be liable for any Hazardous Materials, <br />3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users <br />to comply with this Agreement, and Customer agrees that Customer is responsible for Users' use of any Services, unless <br />expressly provided to the contrary in applicable Service Publications, <br />3.4 Internet Services. If a Service is provided over or accesses the Internet, Customer, Customer's Affiliates, and Users <br />must comply with the AUP. <br />3.5 Resale of Services. Customer may not resell the Services to third parties without AT&T's written consent. Where <br />permitted under applicable law, Customer may resell the Services to Customer's Affiliates without AT&T's consent. <br />4. PRICING AND BILLING <br />4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. Unless a Pricing <br />Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term. <br />No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the <br />end of a Pricing Schedule Term, Customer will have the option to either: (a) cease using the Service (which will require <br />Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month-to- <br />month service arrangement. Unless a Pricing Schedule states otherwise, during any month-to-month service arrangement, <br />the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by AT&T on <br />30 days' prior notice to Customer. <br />4.2 Additional Charges and Taxes. Prices set fort <br />h in a Pricing Schedule are exclusive of, and Customer will pay, all <br />current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, custom clearances, duties, <br />levies, shipping charges, and other similar charges (and any associated interest and penalties resulting from Customer's <br />failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or <br />provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the <br />delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due <br />to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, <br />and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax <br />has been paid so that AT&T may claim any applicable credit. <br />4.3 Billing. Unless a Pricing Schedule specifies otherwise, Customer's obligation to pay for all Services will begin upon <br />installation and availability of the Services to Customer. AT&T will invoice Customer for the Services on a monthly basis, or <br />otherwise as specified in the Pricing Schedule. Customer will pay AT&T without deduction (except for withholding taxes as <br />provided in Section 4.2 — Additional Charges and Taxes), setoff (except as provided in Section 4.5 — Delayed Billing; Disputed <br />Charges), or delay for any reason. At Customer's request, but subject to AT&T's consent (which may be withheld if there will <br />be operational impediments or tax consequences), Customer's Affiliates may be invoiced separately and AT&T will accept <br />payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in <br />accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its <br />reasonable judgment, that Customer or Customer's Affiliates are not creditworthy. <br />4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an <br />applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the <br />invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs <br />associated with collecting delinquent or dishonored payments, including reasonable attorney's fees. AT&T may charge late <br />ua ver i.rt <br />f <br />AT&T and Customer Confidential Information <br />Page 3 of 9 <br />UA VER I 07/14/08 <br />eCRM ID <br />