Fiber Bundle Document

FIBER BUNDLE AGREEMENT

Parties and Contact Information

Recitals

WHEREAS, Provider operates, installs and maintains fiber optic cable bundles and ancillary equipment and has the right to allocate capacity in one or more fiber bundles, and

WHEREAS, Customer desires to acquire specified capacity, connectivity and related installation or handoff services described herein, and

WHEREAS, the parties desire to set forth the terms under which Provider will deliver and Customer will accept and pay for the Fiber Bundle described below.

Scope of Work

Provider shall deliver the Fiber Bundle, perform any agreed installation, testing, and commissioning, and hand off service at the agreed demarcation point. The detailed scope is:

Fiber Bundle Description

Bundle Identifier:

Fiber Count / Configuration:

Fiber Type (single-mode/multi-mode, core specs):

Delivery and Acceptance

Expected Delivery / Handoff Date:

Acceptance Testing Procedures: Provider will perform or permit Customer to perform acceptance tests measuring optical loss, continuity, and other agreed parameters. Acceptance criteria and testing protocol:

Acceptance Period (days):

Payment Terms

Total Contract Amount: $

Initial Payment (deposit) Amount: $ due by .

Remaining Balance Amount: $ due by .

Late Payment: Amounts unpaid after the due date shall accrue interest at or the maximum allowed by law, and Customer shall pay reasonable collection costs and attorneys' fees.

Term and Termination

Agreement Start Date:

Agreement End Date or Term:

Termination for Cause: Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure within days after written notice.

Termination for Convenience: Either party may terminate for convenience upon days' prior written notice, subject to payment for work performed and non-cancellable obligations.

Confidentiality

Each party acknowledges that certain information disclosed under this Agreement is confidential. Recipient shall hold Confidential Information in strict confidence, use it only to perform obligations hereunder, restrict disclosure to employees and subcontractors on a need-to-know basis, and return or destroy such information upon request. Confidential Information does not include information that is (a) publicly known through no breach by Recipient, (b) rightfully obtained from a third party without restriction, or (c) independently developed without use of the discloser's information.

Liability; Insurance; Warranties

Provider warrants that delivered fiber will substantially conform to the specifications set forth in this Agreement and will be free from defects in workmanship for a period of from acceptance. Except for the foregoing warranty, all other warranties are disclaimed to the fullest extent permitted by law.

Except for willful misconduct or gross negligence, neither party shall be liable for consequential, incidental, special or punitive damages. Provider's aggregate liability arising from this Agreement shall not exceed the total payments made by Customer to Provider under this Agreement in the twelve (12) months preceding the claim.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of laws principles. The parties shall first attempt to resolve disputes through good faith negotiation; if unresolved, disputes shall be resolved in the state or federal courts located within the governing state.

Entire Agreement; Amendments

This Agreement, including all attachments and exhibits, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals, and representations, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Notices

Notices shall be sent to the addresses set forth above and are effective upon delivery by hand, certified mail, or overnight courier. Notice Contact for Provider: ; for Customer:

Additional Provisions

Force Majeure: Neither party shall be liable for delays or failures due to causes beyond reasonable control, provided the affected party promptly notifies the other and uses commercially reasonable efforts to mitigate.

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