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2010 019 Ordinance
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2010 019 Ordinance
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Last modified
11/19/2018 4:07:41 PM
Creation date
9/7/2018 6:27:49 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
019
Date
5/17/2010
Year
2010
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SUBSCRIBER SERVICE AGREEMENT <br />7his Service Agreement ("Agreement"), effective April 1, 2010, for cornputer network communication services ls en#ered into by and <br />between Mayfield Village, Ohio and QUALITY ELECTRODYNAMICS, LLC ("Subscriber")." For good and valuable consideration, the <br />receipt and sufficiency of which is hereby acknowledged, Mayfield Village and Subscriber agree as fallows: <br />1. Definitions. As used in this Agreernent, the foliowing capitalized terrtzs have the meanings given to them below: <br />1.1. "Acceptable Use Policmeans the policies of each Internet pruvider for the use of the internet and other connected <br />networks. Mayfield Village witl post these policies at http://www.OneCommunity.org, and may update these from <br />tirr?e to time. Sttbscriber will ensure that Subscriber's use of each connected network adheres to the Acceptable Use <br />Policy for that network. <br />2.2. "Addendum or Addenda" means any and ail addenda executed by both parties attached to, and made a part of, this <br />Agreement which sets out terms and conditions pursuant to which Services will be purchased by Subscriber from <br />Mayfteld Village. <br />1.3. "Demarcation Point" means the connection polnt on the Subscriber's prernises where the Subscriber's network is <br />connected to the Mayfield Village Network. <br />1.4. "Effective Date" means the date upon which services are initiated. <br />I.S. "Ectuinment" means the Mayfield Village or OneCommunity equipment installed on the Subscriber's site as updated <br />from tirrie to time which is required for an operational connection to the Mayfietd Village Network. <br />1.6. "Flscal Year" tneans a one-year period of time beginning on the start of January is` and extending #hrough the end of <br />that same calendar year until December 315e <br />1.7. "Force Majeure" means a condition beyond the reasonable control of a party that delays or prevents performance of <br />the Agreement. Farce Majeure inclucles, without limitation: fire, flood, lightening, explosion, war, act of terrorism, <br />strike, rlots, embargo, labor dispute, government requirement, civil or military authority, act of God or nature, acts <br />or failure to act of any governmental authority. <br />2.8. "Network Outage" means an unplanned periad of time during which (i) Subscriber is unable to connect to all other <br />destinations from Subscriber's location at the guaranteed minimum bandwidth as deftned in Addendum B, due to a <br />probtem or faiture of the Mayfield Village or OneCommunity Network, and (ii) Subscriber's sustained packet loss on <br />the MayFleid Village or OneCommunity Network is greater than seven percent (7%). <br />1.9. "Mavfield Village or OneCommunitv iVetwork" means all equipment and connections controlled and operated by <br />Mayffel8 Village or OneComrnunity. The Mayfield Village or OneCommunity Network inciudes the OneCommunity- <br />supplied optronics and electronics to the Subscriber and the Subscriber connection between the Subscriber site and <br />the Mayfield VIAage or oneCommunity Network up to the refevant Demarcation Point or to any OneCommunity <br />equiprnent that may be beyond the Demarcation Point. Thls Network has been established by agreement between <br />Mayfield Village and OneCommnnity. The actual services to be prov(ded under thts Agreement are provided to <br />Mayfieid Village pursuant to a separate Master Services Agreement it entered into with OneCommunity on October <br />15, 2009 and a separate but mirror Subscriber Service Agreement Mayfieid Village entered into with OneCommunity <br />on that same date. <br />1.10, "Service Threatenins Disruation" means loss of redundancy or any degradation o€ service on the Mayfield Village or <br />OneCommunity Network or any OneCommunity equipment that (a) is caused in whole or In part by Sabscriber or by <br />the interconnection of Substriber's network or equipment with any OneCommunity equipment or the <br />OneCommunity Network, and (b) in the sole discretion of OneComrnuntty poses an Immediate threat to the <br />continued operatian of any affected OneCommunity equipment or any other component part of the MayfieEd Village <br />or OneCoEnmunity Network. <br /> <br />Page 1 of 9 <br />Revision 541422.2 <br />
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