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permits, governmental and regulatory approvals and authorizations, and other rights, <br />consents and approvals that are necessary to construct, install, maintain, operate, and repair <br />the network and/ or for Agile to provide a Service. Without limiting the foregoing, Underlying <br />Rights include agreements for Off -Net Services that are necessary for Agile to provide a <br />Service. "Off -Net Services" shall mean any services or facilities provided by a third -party. "On - <br />Net Services" shall mean Services that use transmission and related facilities owned and <br />controlled by Agile. <br />B. Agile may, without liability to either Party, terminate a Service prior to delivery, if Agile <br />encounters unexpected construction costs, or unavailability of or excess costs for Underlying <br />Rights, that make the construction economically or legally unfeasible. <br />C. Following the Effective Date, in the event that Agile is unable to maintain any necessary <br />Underlying Rights without incurring additional costs, unless Customer bears the costs of <br />obtaining such Underlying Rights, Agile may cancel the applicable Service Order and shall <br />incur no liability to Customer hereunder. <br />9.3 Customer Equipment <br />A. Customer shall, at its own expense, procure any equipment necessary to implement or <br />receive or use the Service ("Customer Equipment"). <br />B. Agile shall have no obligation to install, maintain, or repair Customer Equipment. <br />C. Promptly upon notice from Agile, Customer shall eliminate any hazard, interference or <br />Service obstruction that any such Customer Equipment is causing or may cause as <br />reasonably determined by Agile. <br />10. Customer Reporting Requirements <br />At the Customer's written request, Agile shall provide the Customer with a summary of all <br />Services provided to the Customer on a monthly basis. Speck reporting data requirements <br />will be outlined in the Service Attachment and/or Service Order. <br />11. Service Level Guarantee and Credits <br />Agile will issue credit allowances for Service Outages as set forth in the Service Level <br />Agreement outlined in the Service Attachment and/or Service Order. The credit will appear on <br />the next invoice. <br />Page 9 <br />Agile Master Services Agreement Terms <br />10/1/19 <br />