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SUBSCRIBER SERVICE AGREEMENT This Service Agreement ("Aereement"), effective .2011, for computer network communication services is governed by the Master Services Agreement dated .2011 between Mayfield Village, Ohio and PANZICA CONSTRUCTION CO. ("Subscriber")." For good and valuable consideration, the receipt and sufficiency bf which is hereby acknowledged, Mayfield Village and Subscriber agree as follows: 1. Definitions. As used in this Agreement, the following capitalized terms have the meanings given to them below: 1.1. "Acceptable Use Policy" means the policies of each Internet provider for the use of the Internet and other connected networks. Mayfield Village will post these policies at http://www.OneCommunity.org, and may update these from time to time. Subscriber will ensure that Subscriber's use of each connected network adheres to the Acceptable Use Policy for that network. 1.2. "Addendum or Addenda" means any and all addenda executed by both parties attached to, and made a part of, this Agreement which sets out terms and conditions pursuant to which Services will be purchased by Subscriber from Mayfield Village. 1.3. "Demarcation Point" means the connection point on the Subscriber's premises where the Subscribe-'s network is connected to the Mayfield Village Network. 1.4. "Effective Date" means the date of the agreement. 1.5. "Equipment" means the Mayfield .Village or OneCommunity equipment installed on the Subscriber's site as updated from time to time which is required for an operational connection to the Mayfield Village Network. 1.6. "Fiscal Year" means aone-year period of time beginning on the start of January 1~ and extending through the end of that same calendar year until December 31~. 1.7. "Force Maieure" means a'condition beyond the reasonable control of a party that delays or prevents performance of the Agreement. Force Majeure includes, without limitation: fire, flood, lightening, explosion, war, act of .terrorism, strike, riots, embargo, labor dispute, government requirement, civil or military authority, ,act of God or nature, acts. or failure to act of.any governmental authority. 1.8. "Network Outa>?e" means an unplanned period of time during which (i)~Subscribe~ is unable to connect to all other destinations from Subscriber's location at the guaranteed minimum bandwidth as defined in Addendum B, due to a problem or failure of the Mayfield Village or OneCommunity Network, and (ii) Subscriber's sustained packet loss on the Mayfield Village or OneCommunity Network is greater than seven percent (7%). 1.9. "Mavfield Villa>?e or OneCommunity Network" means all equipment and connections controlled and operated by Mayfield Village or OneCommunity. The Mayfield Village or OneCommunity Network includes the OneCommunity- supplied optronics and electronics to the Subscriber and the Subscriber connection between the Subscriber site and the Mayfield Village or OneCommunity Network up to the relevant Demarcation Point or to any. OneCommunity equipment that may be beyond the Demarcation Point. 1.10. "Service ThreateninE Disruafion" means loss of redundancy or,any degradation of service on the Mayfield Village or OneCommunity Network or any OneCommunity equipment that (a) is caused in whole or in part by Subscriber or by the interconnection of Subscriber's network or equipment with any OneCommunity equipment or the OneCommunity Network, and (b) in the sole discretion of OneCommunity poses an immediate threat to the continued operation of any affected OneCommunity equipment or any other component part of the Mayfield Village or OneCommunity Network. 1.11. "Services" means services provided under the Master Services Agreement and additional Service Agreements as executed or amended from time to time. anecclmrr~~_InitY Page 1 of 9 Revision 541412.2