Common use of Responsibilities of the Customer Clause in Contracts

Responsibilities of the Customer. 6.1 Unless otherwise stated in the Service Order, the Customer will, without limitation, if applicable: 6.1.1 at its own expense, provide all reasonable preparations required to comply with the installation and maintenance specifications of CTME, its Affiliates or underlying carriers, including (but not limited to) arranging access to any of the rights-of-way, conduits and equipment space necessary for CTME to provide Services to the Customer’s sites; 6.1.2 comply with the reasonable instructions of CTME regarding installation and provision of the Services; and 6.1.3 be responsible for the costs of relocation of Services once installed. 6.2 The Customer will, if applicable, provide at the Customer’s sites (without limitation) the necessary equipment, protective apparatus, space, conduits, ventilation, air conditioning and electrical power ("Customer Facilities") required to maintain the facilities used to provide Services to the Customer’s sites without charge or cost to CTME in accordance with CTME’s specifications. The Customer will be responsible for maintaining its sites as safe places to work, which are insured against fire, theft, vandalism and other casualty. The Customer shall carry out adjustments, modifications, alterations, repairs or replacements at its own expense to any Customer Facilities when so reasonably required by CTME. The Customer will also be responsible for ensuring that the Customer Facilities comply with all applicable laws, governmental rules and regulations, and any reasonable rules that CTME imposes uniformly in good faith on all users of CTME facilities and services, provided that in no case shall such rules materially adversely affect Customer’s access to or enjoyment of the Services provided in accordance herewith. CTME may immediately suspend, and shall not be liable for a failure to supply the relevant Services, if the Customer is in breach of this clause 6.2. CTME shall confirm such suspension by written notice within forty eight (48) hours after the event. CTME shall not be responsible and/or liable for any service degradation or service interruption which is caused by Customer Party Facilities/Customer Facilities. Moreover, Customer Party/Customer shall not be entitled to any service credit or compensation from CTME for such service degradation or service interruption. 6.3 The Customer will comply with all applicable laws and regulations relevant to this Agreement and its use of the Services. The Customer will be responsible for obtaining and maintaining all necessary licences, permits and approvals required by any and all governmental authorities to permit the Customer to receive Services and comply with its obligations under this Agreement. The Customer shall use the Services in accordance with such licences, permits and approvals, and will not use Services for any unlawful or unauthorized purpose. The Customer hereby indemnifies CTME from and against all costs, losses, damages, claims or proceedings which CTME may incur, suffer or for which it becomes liable, arising out of any breach of this clause 6.3 or clause 6.5. 6.4 The Customer hereby indemnifies CTME against any and all loss of or damage to the CTME Equipment located on the Customer’s sites which CTME incurs, suffers or for which it becomes liable in connection with the negligence or wilful misconduct of persons other than CTME, its Affiliates, or the underlying owner. Upon expiration or termination of this Agreement, the Customer will promptly return to CTME any equipment and other property owned by CTME, its Affiliates or underlying carriers and provided to the Customer. 6.5 The Customer will not, nor will it permit or assist others to, and will ensure that its own employees, the customers and the third parties do not, misuse, abuse or fraudulently use the Services, including, but not limited to, the following: 6.5.1 obtaining or attempting to obtain services by any means or device with intent to avoid payment; or 6.5.2 unauthorized access, alteration, destruction or any attempt thereof, of any information of another CTME customer by any means or device; or 6.5.3 using Services so as to impair or interfere with the use of equipment or facilities of CTME, its Affiliates or underlying carriers by other customers or authorized users, or in violation of the law or in aid of any unlawful act; or 6.5.4 using Services to impair or interfere with the privacy of any communications; or 6.5.5 using Services to send, transmit or communicate any material, data, images or information which is (a) in breach of any law, regulation, code of practice or acceptable use policy; or (b) defamatory, false, abusive, indecent, obscene or menacing or otherwise offensive; or (c) in breach of confidence, copyright or other intellectual property rights, privacy or any other right of any third party. 6.6 Customer will take every reasonable precaution in its use of the Services to prevent contamination of any software or hardware or diffusion of any software or hardware contamination including computer viruses. 6.7 Customer shall be solely responsible for, and shall be the controller of: 6.7.1 the content of information and communications transmitted by its use of the Services; and 6.7.2 the Customer’s use and publication of communications and/or information using the Services. 6.8 Without limiting any other rights or remedies of CTME, if the Customer continues to engage in any activities in breach of this clause 6 after written notice from CTME and a thirty (30) days cure period, CTME may suspend its performance without liability to the Customer and/or terminate the relevant Services with no further obligation to the Customer, provided that CTME shall be entitled to immediately suspend or terminate the relevant Services (without a cure period) if, in CTME’s reasonable opinion, it is at risk of incurring legal liability in relation to the Customer’s breach of this clause 6. In the event of such termination, the Customer shall be liable for Termination Payments.

Responsibilities of the Customer. 6.1 Unless otherwise stated in the Service Order, the Customer will, without limitation, if applicable: 6.1.1 at its own expense, provide all reasonable preparations required to comply with the installation and maintenance specifications of CTMECTSA, its Affiliates or underlying carriers, including (but not limited to) arranging access to any of the rights-of-way, conduits and equipment space necessary for CTME CTSA to provide Services to the Customer’s sites; 6.1.2 comply with the reasonable instructions of CTME CTSA regarding installation and provision of the Services; and 6.1.3 be responsible for the costs of relocation of Services once installed. 6.2 The Customer will, if applicable, provide at the Customer’s sites (without limitation) the necessary equipment, protective apparatus, space, conduits, ventilation, air conditioning and electrical power (the "Customer Facilities") required to maintain the facilities used to provide Services to the Customer’s sites without charge or cost to CTME CTSA in accordance with CTMECTSA’s specifications. The Customer will be responsible for maintaining its sites as safe places to work, which are insured against fire, theft, vandalism and other casualty. The Customer shall carry out adjustments, modifications, alterations, repairs or replacements at its own expense to any Customer Facilities when so reasonably required by CTMECTSA. The Customer will also be responsible for ensuring that the Customer Facilities comply with all applicable laws, governmental rules and regulations, and any reasonable rules that CTME CTSA imposes uniformly in good faith on all users of CTME CTSA facilities and services, provided that in no case shall such rules materially adversely affect Customer’s access to or enjoyment of the Services provided in accordance herewith. CTME CTSA may immediately suspend, and shall not be liable for a failure to supply the relevant Services, if the Customer is in breach of this clause 6.2. CTME CTSA shall confirm such suspension by written notice within forty eight (48) hours after the event. CTME CTSA shall not be responsible and/or liable for any service degradation or service interruption which is caused by Customer Party Facilities/Customer Facilities. Moreover, Customer Party/Customer shall not be entitled to any service credit or compensation from CTME CTSA for such service degradation or service interruption. 6.3 The Customer will comply with all applicable laws and regulations relevant to this Agreement and its use of the Services. The Customer will be responsible for obtaining and maintaining all necessary licences, permits and approvals required by any and all governmental authorities to permit the Customer to receive Services and comply with its obligations under this Agreement. The Customer shall use the Services in accordance with such licences, permits and approvals, and will not use Services for any unlawful or unauthorized unauthorised purpose. The Customer hereby indemnifies CTME CTSA from and against all costs, losses, damages, claims or proceedings which CTME CTSA may incur, suffer or for which it becomes liable, arising out of any breach of this clause 6.3 or clause 6.5. 6.4 The Customer hereby indemnifies CTME CTSA against any and all loss of or damage to the CTME CTSA Equipment located on the CTSA_July 2023 Customer’s sites which CTME CTSA incurs, suffers or for which it becomes liable in connection with the negligence or wilful misconduct of persons other than CTMECTSA, its Affiliates, or the underlying owner. Upon expiration or termination of this Agreement, the Customer will promptly return to CTME CTSA any equipment and other property owned by CTMECTSA, its Affiliates or underlying carriers and provided to the Customer. 6.5 The Customer will not, nor will it permit or assist others to, and will ensure that its own employees, the customers and the third parties do not, misuse, abuse or fraudulently use the Services, including, but not limited to, the following: 6.5.1 obtaining or attempting to obtain services by any means or device with intent to avoid payment; or 6.5.2 unauthorized unauthorised access, alteration, destruction or any attempt thereof, of any information of another CTME CTSA customer by any means or device; or 6.5.3 using Services so as to impair or interfere with the use of equipment or facilities of CTMECTSA, its Affiliates or underlying carriers by other customers or authorized authorised users, or in violation of the law or in aid of any unlawful act; or 6.5.4 using Services to impair or interfere with the privacy of any communications; or 6.5.5 using Services to send, transmit or communicate any material, data, images or information which is (a) in breach of any law, regulation, code of practice or acceptable use policy; or (b) defamatory, false, abusive, indecent, obscene or menacing or otherwise offensive; or (c) in breach of confidence, copyright or other intellectual property rights, privacy or any other right of any third party. 6.6 The Customer will take every reasonable precaution in its use of the Services to prevent contamination of any software or hardware or diffusion of any software or hardware contamination including computer viruses. 6.7 The Customer shall be solely responsible for, and shall be the controller of: 6.7.1 the content of information and communications transmitted by its use of the Services; and 6.7.2 the Customer’s use and publication of communications and/or information using the Services. 6.8 Without limiting any other rights or remedies of CTMECTSA, if the Customer continues to engage in any activities in breach of this clause 6 after written notice from CTME CTSA and a thirty (30) days day cure period, CTME CTSA may suspend its performance without liability to the Customer and/or terminate the relevant Services with no further obligation to the Customer, provided that CTME CTSA shall be entitled to immediately suspend or terminate the relevant Services (without a cure period) if, in CTMECTSA’s reasonable opinion, it is at risk of incurring legal liability in relation to the Customer’s breach of this clause 6. In the event of such termination, the Customer shall be liable for Termination Payments.

Responsibilities of the Customer. 6.1 Unless otherwise stated in the Service Order, the Customer will, without limitation, if applicable: 6.1.1 at its own expense, provide all reasonable preparations required to comply with the installation and maintenance specifications of CTMECTSA, its Affiliates or underlying carriers, including (but not limited to) arranging access to any of the rights-of-way, conduits and equipment space necessary for CTME CTSA to provide Services to the Customer’s sites; 6.1.2 comply with the reasonable instructions of CTME CTSA regarding installation and provision of the Services; and 6.1.3 be responsible for the costs of relocation of Services once installed. 6.2 The Customer will, if applicable, provide at the Customer’s sites (without limitation) the necessary equipment, protective apparatus, space, conduits, ventilation, air conditioning and electrical power (the "Customer Facilities") required to maintain the facilities used to provide Services to the Customer’s sites without charge or cost to CTME CTSA in accordance with CTMECTSA’s specifications. The Customer will be responsible for maintaining its sites as safe places to work, which are insured against fire, theft, vandalism and other casualty. The Customer shall carry out adjustments, modifications, alterations, repairs or replacements at its own expense to any Customer Facilities when so reasonably required by CTMECTSA. The Customer will also be responsible for ensuring that the Customer Facilities comply with all applicable laws, governmental rules and regulations, and any reasonable rules that CTME CTSA imposes uniformly in good faith on all users of CTME CTSA facilities and services, provided that in no case shall such rules materially adversely affect Customer’s access to or enjoyment of the Services provided in accordance herewith. CTME CTSA may immediately suspend, and shall not be liable for a failure to supply the relevant Services, if the Customer is in breach of this clause 6.2. CTME CTSA shall confirm such suspension by written notice within forty eight (48) hours after the event. CTME CTSA shall not be responsible and/or liable for any service degradation or service interruption which is caused by Customer Party Facilities/Customer Facilities. Moreover, Customer Party/Customer shall not be entitled to any service credit or compensation from CTME CTSA for such service degradation or service interruption. 6.3 The Customer will comply with all applicable laws and regulations relevant to this Agreement and its use of the Services. The Customer will be responsible for obtaining and maintaining all necessary licences, permits and approvals required by any and all governmental authorities to permit the Customer to receive Services and comply with its obligations under this Agreement. The Customer shall use the Services in accordance with such licences, permits and approvals, and will not use Services for any CTSA_Mar2020 unlawful or unauthorized unauthorised purpose. The Customer hereby indemnifies CTME CTSA from and against all costs, losses, damages, claims or proceedings which CTME CTSA may incur, suffer or for which it becomes liable, arising out of any breach of this clause 6.3 or clause 6.5. 6.4 The Customer hereby indemnifies CTME CTSA against any and all loss of or damage to the CTME CTSA Equipment located on the Customer’s sites which CTME CTSA incurs, suffers or for which it becomes liable in connection with the negligence or wilful misconduct of persons other than CTMECTSA, its Affiliates, or the underlying owner. Upon expiration or termination of this Agreement, the Customer will promptly return to CTME CTSA any equipment and other property owned by CTMECTSA, its Affiliates or underlying carriers and provided to the Customer. 6.5 The Customer will not, nor will it permit or assist others to, and will ensure that its own employees, the customers and the third parties do not, misuse, abuse or fraudulently use the Services, including, but not limited to, the following: 6.5.1 obtaining or attempting to obtain services by any means or device with intent to avoid payment; or 6.5.2 unauthorized unauthorised access, alteration, destruction or any attempt thereof, of any information of another CTME CTSA customer by any means or device; or 6.5.3 using Services so as to impair or interfere with the use of equipment or facilities of CTMECTSA, its Affiliates or underlying carriers by other customers or authorized authorised users, or in violation of the law or in aid of any unlawful act; or 6.5.4 using Services to impair or interfere with the privacy of any communications; or 6.5.5 using Services to send, transmit or communicate any material, data, images or information which is (a) in breach of any law, regulation, code of practice or acceptable use policy; or (b) defamatory, false, abusive, indecent, obscene or menacing or otherwise offensive; or (c) in breach of confidence, copyright or other intellectual property rights, privacy or any other right of any third party. 6.6 The Customer will take every reasonable precaution in its use of the Services to prevent contamination of any software or hardware or diffusion of any software or hardware contamination including computer viruses. 6.7 The Customer shall be solely responsible for, and shall be the controller of: 6.7.1 the content of information and communications transmitted by its use of the Services; and 6.7.2 the Customer’s use and publication of communications and/or information using the Services. 6.8 Without limiting any other rights or remedies of CTMECTSA, if the Customer continues to engage in any activities in breach of this clause 6 after written notice from CTME CTSA and a thirty (30) days day cure period, CTME CTSA may suspend its performance without liability to the Customer and/or terminate the relevant Services with no further obligation to the Customer, provided that CTME CTSA shall be entitled to immediately suspend or terminate the relevant Services (without a cure period) if, in CTMECTSA’s reasonable opinion, it is at risk of incurring legal liability in relation to the Customer’s breach of this clause 6. In the event of such termination, the Customer shall be liable for Termination Payments.