: The CM, if leased, shall always remain in the sole and exclusive property of LESSOR even if attached to real property. CUSTOMER shall have no rights in the CM except for a right of use for reception of the SERVICE at the PREMISES of the CUSTOMER, herein and after referred to as PREMISES. LESSOR’S ownership of the CM may be displayed by notice contained on the SYSTEM. In no event shall CUSTOMER remove, alter or obliterate any such notice. CUSTOMER shall not remove the CM from the PREMISES, give possession or control of the CM to any other party, …., sell or mortgage the CM in any manner.
For purposes of this AGREEMENT, the CM shall be valued at $50.00 or the area retail market price at the time of installation. The Parties hereby mutually agree that the CUSTOMER shall be liable for this amount in the event the CM, if leased, is not returned by the CUSTOMER or if the CM becomes damaged through negligence or abuse by CUSTOMER, as liquidated damages for the cost of the CM. All maintenance and repair of the CM shall be performed by LESSOR, if such required service is the fault of CUSTOMER, the Parties mutually agree that CUSTOMER shall pay for the cost thereof, including a service fee. CUSTOMER shall not attach any electrical or other devices to the SYSTEM without prior written consent of LESSOR. During the term of this AGREEMENT, LESSOR shall have the right, upon reasonable prior notice, to enter the PREMISES for an inspection of the CM.
LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE
- CUSTOMER shall make no modifications or alterations to the CM without the prior written consent of LESSOR. CUSTOMER hereby acknowledges that any modifications or alteration of the CM to permit the unauthorized reception of the programming is a violation of Federal and State Law and/or may subject CUSTOMER TO CIVIL AND/OR CRIMINAL PROSECUTION.
- CUSTOMER shall notify LESSOR promptly of any defect in, or damage or accident to, the CM. LESSOR’S sole and exclusive liability for any defective item of CM shall be replacement of such item.
IN ANY EVENT, THE PARTIES HERETO MUTUALLY AGREE THAT IF CABLE SERVICE IS TERMINATED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO CUSTOMER’S FAILURE TO PAY ITS/HER/HIS ACCOUNT WITH MIKROTEC UPON SUCH CANCELLATION, AND WITHOUT PRIOR NOTICE, THE CABLE MODEM HEREIN REFERRED TO IN SCHEDULE A IS TO BE RETURNED TO LESSOR, OR ITS DESIGNEE OR ASSIGN, IMMEDIATELY BY CUSTOMER, AT ITS/HER/HIS EXPENSE; BUT IN ANY CASE, WITHIN 72 HOURS OF SUCH TERMINATION OF SERVICES FOR CABLE OR CABLE MODEM SERVICES, THE CM, IF LEASED, SHALL BE RETURNED.
- LESSOR shall have the right to make such filings as are necessary to evidence LESSOR’S ownership rights in the CUSTOMER agrees to execute all documents as are necessary for such filings.
- PREMISES: CUSTOMER represents and warrants to LESSOR that the PREMISES is legally in the control and dominion of the CUSTOMER, and that he/she/it is the owner of record of the PREMISES or, if CUSTOMER is a tenant of the PREMISES, that she/he/it has obtained the written consent of the owner of record of the PREMISES to the transactions contemplated by this AGREEMENT in accordance with its terms. CUSTOMER shall provide LESSOR with proof of such ownership or consent in a form satisfactory to LESSOR upon request.
- INSTALLATION OF THE CABLE MODEM SYSTEM: CUSTOMER shall install or arrange for the installation of the SYSTEM on the PREMISES, in accordance with LESSOR’S construction and services specifications, within a reasonable time after this AGREEMENT has been accepted by LESSOR. LESSOR shall not be responsible for any damage to the PREMISES arising from the installations of the CM, including, but not limited to, the burial of underground service cables, except in cases of negligence or improper workmanship, and then only to the extent of the actual damages thereof. CUSTOMER hereby grants LESSOR an easement in gross covering the routing necessary for installation, operation, and removal of the CM on, across, though, and in the PREMISES at no cost or charge to LESSOR. CUSTOMER shall be responsible for any necessary permits, licenses or other authorization required for installation of the CM. Any reinstallation or change in the location of the CM shall be at CUSTOMER’S expense. CUSTOMER, or an appointed representative over the age of eighteen, must sign the AGREEMENT as well as any SERVICE AGREEMENT.
- RELEASE AND LIMITATION LIABILITY: CUSTOMER hereby releases and holds harmless LESSOR and each of their employees, agents, or representatives, officials, and partners, and all other related persons from all claims, demands, causes of action, or suits of any nature or kind, and hereby assumes all risks of damages in any way related to the use or operation of the CM or the SERVICE.
- (a) LESSOR shall have no liability for any interruptions of the CM, which results from causes beyond the reasonable control of the LESSOR.
- (b) In no event shall LESSOR be liable for any incidental, consequential, punitive or special damages for any claim arising from this agreement or the performance of lessor hereunder.
- INSURANCE: CUSTOMER shall keep the CM insured against all loss or damage, from any cause, whatsoever. The Insurance shall be in the form and amount satisfactory to lessor.
- TAXES: During the term, CUSTOMER shall pay all taxes, charges or assessments imposed by a federal, state, or local governments arising from the use of the CM or the providing of the SERVICE, other than federal, state, or local income taxes of LESSOR.
- ASSIGNMENT: LESSOR shall have the right to assign this AGREEMENT and to delegate all or any part of its rights, duties, and obligations hereunder, to any third party. Neither this AGREEMENT, nor any interest-herein, may be assigned by CUSTOMER without first obtaining the written consent of LESSOR.
- TERMINATION: This LEASE cannot be cancelled or terminated, except as expressly provided, herein, CUSTOMER hereby agrees that their obligation to pay all charges for service and perform all other obligation hereunder shall be absolute, irrevocable, unconditional and independent and shall be paid and performed without the abatement, deduction or offset of any kind or nature whatsoever. To the extent permitted by applicable law, CUSTOMER also hereby waives any rights now of hereafter conferred by stature or otherwise which may require LESSOR to sell, lease, or otherwise use any CM in mitigation of LESSOR’S damages as set forth in this LEASE or which may otherwise limit or modify any of LESSOR’S rights or remedies under this LEASE. Any action the CUSTOMER has against LESSOR for any default by LESSOR under this LEASE, including breach of warranty or indemnity, must be commenced within one fourteen months after any such cause of action allegedly occurs or is claimed to have occurred (1) If CUSTOMER (I) fails to make any payment when due hereunder, (ii) fails to fulfill or perform any of the promises, covenants, or agreements set forth herein, (iii) breaches any of the representations or warranties set forth herein, or (iv) files or has filed against it a petition in bankruptcy or makes an assignment for the benefit of creditors, then upon the occurrence of any such event, LESSOR shall have the right, at its option, to terminate the delivery of the SERVICES and to remove and take possession of the CM. (c) Within seventy-two (72) hours of any termination of the AGREEMENT, CUSTOMER shall promptly return the CM to LESSOR in the same condition as at the time of its installation, normal wear and tear excepted. In the event CUSTOMER fails to return the CM within said period, LESSOR shall have the right to enter the PREMISES and take possession of and remove the CM within thirty (30) days of the date of termination. In connection with such removal of the CM, LESSOR shall have no obligation to remove any wires, cables, or outlets constituting a part of the CM, LESSOR shall have no obligation to repair or restore property damaged by such removal, if any.
Subscribers to MIKROTEC service access the internet through Mikrotec Internet Service. Users that access the Internet through Mikrotec services must comply not only with Mikrotec’s AUP as well as the AUPs of the Network Service Providers whose networks they access. To view a copy of Mikrotec’ s AUP go to www.mikrotec.com.
- COST AND ATTORNEY FEES: The CUSTOMER agrees to pay reasonable costs and attorney’s fees arising out of any course of action to collect any monies due by the CUSTOMER or to repossess the CM, if leased, because of a breach of this AGREEMENT.
- NOTICES: ALL notices required or desired to be given under this AGREEMENT shall be delivered in person or mailed, postage prepaid, to the CUSTOMER at the PREMISES, or such other place as is designated in writing by CUSTOMER, and to LESSOR at headdress specified in this AGREEMENT or at such other address as LESSOR may designate.
- WAIVER: The waiver by either Party of the breach of any provision hereof shall not operate or be construed as a waiver of any other provision or the same provision at another time.
- SEVERABILITY: If any one or more of the clauses, covenants or provisions of this AGREEMENT should be held to be invalid or unenforceable for any reason, such invalidity or shall not affect the remainder of the AGREEMENT, which shall remain in full force in effect in accordance with its terms.
- This AGREEMENT shall be interrupted, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky.
- The provisions of this AGREEMENT shall not be changed, amended or supplemented, except by an AGREEMENT in writing signed by LESSOR and CUSTOMER
- This AGREEMENT constitutes the entire AGREEMENT between the Parties and supersedes all previous agreements or understandings between them with respect to the subject matter hereof.
- AMENDMENTS TO SCHEDULE: In the event it is necessary to amend the terms of Schedule A to reflect a change in one or more of the following conditions:
- CUSTOMER’S actual cost of procuring the CM or
- LESSOR’S actual cost of providing CM to the CUSTOMER; or
- A change in lease payments because of (a) and/or (1) above; or
- Description of the leased CM, CUSTOMER agrees that such amendment shall be described in a letter from LESSOR to the CUSTOMER, and unless the CUSTOMER objects thereto in a writing delivered to LESSOR within fifteen (15) days of the mailing such letter from LESSOR to the CUSTOMER, Schedule A shall be deemed amended and such amendment(s) shall be incorporated herein.
- MINIMUM PROGRAMMING REQUIREMENT: CUSTOMER agrees to pay the monthly lease fee which at this time is $8.00 per month, plus desired services packages selected. Failure by CUSTOMER to do so constitutes a breach of this AGREEMENT.
- AVAILABILITY OF CABLE MODEM: The Parties mutually agree that this AGREEMENT is conditioned upon the availability of the CM or any part hereof to the LESSOR.
- CREDIT VERIFICATION: CUSTOMER hereby grants to LESSOR the right to make a thorough investigation of CUSTOMER’S CREDIT HISTORY and releases from all liability all persons, companies, schools, and corporations supplying such information. CUSTOMER does indemnify LESSOR against any liability, which might result from making such investigation. CUSTOMER agrees that LESSOR may obtain a consumer report of other information regarding them and may consult its own files for the credit report. CUSTOMER understands that any false answers or statements or implications made by them in this application or other required documents shall be considered sufficient cause for denial of service.
- CUSTOMER’S WARRANTY OF UNDERSTANDING: CUSTOMER represents and warrants that it/she/her has read the entire AGREEMENT and fully understands the same.