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determination of such charges. Invoices for all other Services will be based upon the
<br />terms set forth in the applicable Service Attachment and/or Service Order.
<br />B. Invoiceswill be submitted electronically, either in the form of an email or internet download,
<br />which form is to be determined at the Customer's option, to the office designated in the
<br />Service Order (or Service Attachment if not set forth in the Service Order) as the "bill to
<br />address". The invoice shall be submitted in advance of the first day of Service for the
<br />month within thirty (30) days.
<br />C. Invoices for Services will contain a description of the Services that is sufficient to allow the
<br />Customer to identify the Services provided.
<br />8.4 Payment
<br />A. All payment for Services under this Agreement shall be made to Agile via ACH, check,
<br />wire transfer, electronic debit or other electronic process.
<br />B. Payment for any Services under this Agreement shall be due on the 1st day of each
<br />calendar month in advance.
<br />9. Equipment and Network
<br />9.1 Agile Equipment
<br />A. In accordance with this Agreement, Agile may provide, install, maintain, repair, operate
<br />and control certain of Agile's telecommunications devices, apparatus, poles, towers, and
<br />associated equipment owned, leased, or otherwise obtained by Agile to provide Services
<br />("Agile Equipment") at the Customer(s) premises. The Agile Equipment and Agile's fiber
<br />optic cable network and associated optical/ electronic equipment used to deliver
<br />Services, whether owned, leased, or otherwise obtained by Agile shall remain the sole
<br />and exclusive property of Agile notwithstanding that it may be or become attached or
<br />affixed to Customer's or any other person's real property, and nothing contained herein
<br />or in any Service Order grants or conveys to Customer or such other person any right,
<br />title or interest in any Agile Equipment.
<br />B. Customer may not, and may not permit others to, alter, adjust, encumber, tamper with,
<br />modify, repair, rearrange, change, remove, relocate, or damage any Agile Equipment
<br />without the prior written consent of Agile.
<br />C. Customer shall be liable to Agile for any loss or damage to Agile's Equipment caused by
<br />Customer or Customer's employees, contractors, agents, invitees, or Subscribers.
<br />D. Nothing herein shall prevent Agile from using the Agile Equipment to provide service to
<br />other customers.
<br />9.2 Network Extension
<br />A. To the extent a Service Order requires Agile to complete construction, extend its network,
<br />and/ or obtain additional Underlying Rights, Customer shall use commercially reasonable
<br />efforts to assist Agile in obtaining such Underlying Rights as necessary to provide the Service.
<br />"Underlying Rights" means any and all agreements, licenses, conduit use agreements, pole
<br />attachment agreements, leases, easements, building access rights, rights-of-way, franchises,
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<br />Agile Master Services Agreement Terms
<br />10/1/19
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