Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
20250218Application.pdf
met r o n e t 11880 College Blvd.,Suite 0 Overland Park,KS 6621210 love your internet RECEIVED 2025 February 18 IDAHO PUBLIC UTILITIES COMMISSION Via Electronic Filing CaSeNo.NFlNLT 25-01 February 17, 2025 Ms. Monica Barrios-Sanchez Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8 Suite 201-A Boise, Idaho 83714 secretga&puc.idaho.gov Re: Competitive Local Exchange Carrier Application — Metro Fibernet, LLC Dear Secretary Barrios-Sanchez: Metro Fibernet, LLC ("Metronet") hereby files its application for approval as a Competitive Local Exchange Carrier within the State of Idaho. Enclosed for filing, please fine one copy of the Application. METRONET HAS ENCLOSED ONE COPY OF ITS FISCAL YEAR 2023 AND FISCAL YEAR 2024 FINANCIAL STATEMENTS, AND ONE COPY OF THE RELEVANT MANAGEMENT AGREEMENT, IN SEPARATE ATTACHMENTS, WITH EACH PAGE MARKED "CONFIDENTIAL," AND RESPECTFULLY REQUESTS CONFIDENTIAL TREATMENT OF THE ENCLOSED FINANCIAL INFORMATION AND MANAGEMENT AGREEMENT. Due to the competitive nature of the telecommunications industry, Metronet respectfully requests that this information only be inspected by Staff directly associated with this Application and be kept from public disclosure as it contains highly sensitive and proprietary information. If you have any questions or need additional information,please do not hesitate to contact me at (913) 558-6778 or via email at rose.mulvanyhena(kmetronet.com. Respectfully, l sl Rwe WZcaea"q" Rose Mulvany Henry Vice President of Regulatory Affairs Exhibit A Corporate Organizational Chart METRONET CORPORATE STRUCTURE Metronet Holdings,LLC Delaware) Q-Comm NewCo, LLC (Delaware) Q-Comm Python Coryoration (Delaware) Venus Python Newco Corp. �Delaware� P hon Holdings,LLC (Delaware MetroNet Preferred Holdings, LLC (Delaware) Metronet Vexus Holdings,Inc. �Delaware� Common Interest Preferredlnierest with and Common Participation Control/Manager H Idings,LLC 4.2242% Subsid ay Fiber Holdir�gx,LLC a,LL ipe aware) (Minnesota Metronet M—Net Metronet MetroNet Inhartructu.e 9ecuri[Ixa[Ion InfraslruRure SMM Sub,LLC D. Warehouse Manager,LLC Group,LLC Delaware) Parent,LLC (Del.— jL gs,LLC (Delawara (Delawara (Del— Met roNet MetroNet Metronet itizationhouse Super Holdings LLC er,LLC(Delaware) waroostlagua nfrastrucure CDmmunicat oHoldings,LLC (DelaLwara os �Delawara (Delaware) (Delawara (Nevada) Metro Infrastr Issuer,�LLCe (Delaw re) Vexus Fiber RS CMN-PD9,LLC InfreslmRure,LLC Commune ations (Delaware) Delaware) LLCa (Delaw re) Climax Telephone LLC (Delaware) Exhibit B Articles of Organization—Nevada STATE OF NEVADA BARBARA K. CEGAYSKE Commercial Recordings Division Secretary of State 202 N.Carson Street Carson City,NV 89701 Telephone(775)684-5708 Fax(775)684-7138 KIMBERLEYPERONDI v<�,u°"" North Las Vegas City Hall Deputy Secretary for OFFICE OF THE 2250 Las vegan Blvd North,Suite 400 Commercial Recordings North Las Vegas,NV 89030 SECRETARY OF STATE Telephone(702)486-2880 Fax(702)486-2888 Certified Copy 05/12/2021 11:24:31 AM Work Order Number: W2021051200791 - 1325650 Reference Number: 20211454001 Through Date: 05/12/2021 11:24:31 AM Corporate Name: METRO FIBERNET,LLC The undersigned filing officer hereby certifies that the attached copies are true and exact copies of all requested statements and related subsequent documentation filed with the Secretary of State's Office, Commercial Recordings Division listed on the attached report. Document N IDescription INumber of Pages 20120577129 IMerge In- 08/22/2012 18 20110268112 jAmendment- 04/08/2011 13 20 1 1 0095974-1 8 Articles of Organization- 02/07/2011 13 Respectfully, BARBARA K. CEGAVSKE Certified By:Electronically Certified Nevada Secretary of State Certificate Number:B202105131667099 You may verify this certificate online at http://www.nvsos.gov From. unknown Page. 4111 Received by: NV Secretary of State Date. 8/22/2012 9.32:21 AM Filed in the Office of Business Number �1� 11 E0068952011-0 T�.6r,p�(_,Filing Number QQQ 20120577129-26 Secretary Filed On State Of Nevada 08/22/2012 Number of Pages ROSS MILLER 8 Secretary of State 204 North Carton Street,Sulte 1 Carson City, Nevada 897014520 (775)684-5700 Website: www.nvaos.gov Articles of Merger (PURSUANT TO NRS 92A.200) Page 1 USE BLACK INK ONLY-DO NOT HIGHLIGHT ABOVE SPACE 19 FOR OFFICE USE ONLY Artloles of Merger (Pursuant to NRS Chapter 92A) 1)Name and Jurisdiction of organization of each constituent entity(NRS 92A,200): FIf there are more than four merging entitles,check box and attach an 8 1/2"x 11"blank sheet l__) containing the required information for each additional entity from articte one, ILebanon Fibcmct,LLC— Name of merging entity --- )ndiaea — ;limited liability colnpan - — Jurisdiction --- — Enlily type Name of merging entity -- Jurisdiction —„ -- Enlily type Name of merging entity Jurisdiction ...._.... . ---- -- •---- -------�-- —�---- ———� Entity type Name of merging entity— .._.— .—_. —. ----- - •--•--- - - Jurisdiction Entity type and, 'Metro Fibernet,LLC Name of surviving entity Nevada — —. — - —_ limited liabilit •com fln Jurisdiction Entity type' Corporatlon, non-profit corporation, limited partnership,limited-Ilabilily company or business trust. Filing Fee; $350.00 This form must be accompanied by appropriate fops. Nevada Secretary or Staia 02A Merger Page 1 Reuiaad, 0.31-11 From. unknown Page. 5111 Received by: NV Secretary of State Date: 8/22/2012 9:32:22 AM ROSS MILLER Secretary of State 204 North Carson Street,Suite 4 Carson City,Nevada 09701AS20 r. (779)004-6708 Webslte: www.nvaos.gov Articles of Merger (PURSUANT TO NRS 92A.200) Page 2 USE SLACK INK ONLY-DO NOT HIGHLIGHT ABOVE SPACE 1S FOR OFFICE USE ONLY 2) Forwarding address where copies of process may be sent by the Secretary of State of Nevada(if a foreign entity Is the eurvlvor In the merger-NRS 92A,190): Attn:I __-___--- ----- --- ------ -_ 3)Choose one: ® The undersigned declares that a plan of merger has been adopted by each constituent entity (NRS 92A.200). QThe undersigned declares that a plan of merger has been adopted by the parent domestic entity(NR8 92A.180). 4)Owner's approval(Nf S 92A.200)(options a,b or a must be used,as applicable,for each entity): If there are more than four merging entitles,check box and attach an 8 1i2"x 11"blank sheet containing the required Information foreach additional entity from the appropriate section of article four. (a)Owners approval was not required from Name of merging entity, if applicable Name of merging entity, If applicable Name of merging entity, if applicable Name of merging entity, if applicable and,or; Name of surviving entity, if applicable — 7-his form must be accompanied by appropriate fees. Navada SOMWY of Slate WA Merger Page 2 RipyhW;0-31.11 From. unknown Page. 6111 Received by: NV Secretary of State Date: 8/22/2012 9:32:22 AM ROBS MILLER •_ Secretary of Slate 204 North Carson Street, Suite 1 Carson City,Nevada 09701.4520 (776)084-5708 Webslte: www.nvaos.gov Articles of Merger (PURSUANT TO NRS 92A.200) Page 3 USE BLACK INK ONLY-DO NOT HIGHLIGHY ABOVE SPACE IS FOR OFFICE USE ONLY (b)The plan was approved by the required consent of the owners of Lcba<ion Fibernct,LLC__ Name of merging entity, if applicable Name of merging entity, if applicable Name of merging entity, if applicable i Name of merging entity, If applicable and,or; Metro Fibernet,LLC Name of surviving entity, if applicable Unless otherwise provided In the certificate of[rust or governing Instrument of a business trust,a merger must be approved by all the trustees and beneficial owners of each business trust that is a oonslituent entity in the merger. This toll))must be aocollmpenled by apprvp6afe tees, Nevada Sec atary or Slate OPA Merger Page 3 Reviled: 5-31-11 From. unknown Page. 7111 Received by: NV Secretary of State Date: 8/22/2012 9:32:22 AM ROSS MILLER Secretary of State 204 North Carson Street,Suite 1 Garcon City,Nevada 09701-4620 (778)6844708 Webeife, www,nvsos.gov Articles of Merger (PURSUANT TO NRS 92A.200) Page 4 USE BLACK INK ONLY.00 NOT MIGMLIG14T ABOVE SPACE IS FOR OFFICE USE ONLY (c)Approval of plan of merger for Nevada non-profit corporation (NK$92A.160): The plan of merger has been approved by the directors of the corporation and by each public officer or other person whose approval of the plan of merger is required by the artidas of incorporation of the domestic corporation. Name of merging entity, if applicable Name of merging entity. if applicable Name of merging entity, If applicable Name of merging entity, if applicable and,or; Name of surviving entity, If applicable 7h�5 form must be accompanfed by appropda[e fees. Nevada Seerersry of$w4 9m Meeper Pogo 4 Revlsea: a-31-i i From. unknown Page. 8111 Received by: NV Secretary of State Date: 8/22/2012 9:32:23 AM ROSS MILLER Secretary of State 204 North Carson Street,Suite 1 Carson City,Nevada 097014820 (775)684-5708 Webslte: www,nvaos.gov Articles of Merger (PURSUANT TO NRS 92A.200) Page 5 USE BLACK INK ONLY•DO NOT NIGHLionr ABOVE SPACE Is FOR oFFicc USE ONLY 5)Amendments,if any, to the artioles or certificate of the surviving entity. Provide article numbers,If available. (NRS 92A.200)"; — i f 6)Location of Plan of Merger(check a orb): rO (a)The entire plan of merger is attached; or, (b)The entire plan of merger!son file at the registered office of the surviving corporation, limited-liability company or business trust,or at the records office address if a limited partnership,or other plave of business of the surviving entity(NRS 92A.200). 7)Effective date and time of filing:(optional)(must not be later than 90 days after the certificate is filed) Date: Time:: _ .------ Amended and restated articles may be attached as an exhibit or integrated into the articles of merger. Please entitle them "Restated"or"Amended and Restated,"accordingly. The form to accompany restated articles prescribed by the secretary of slate must accompany the amended andlor restated articles. pursuant to NRS 92A,180(merger of subsidiary Into parent-Nevada parent owning 90%or more of subsidiary),the articles of merger may not contain amendments to the constltuent documents of the surviving entity except that the name of the surviving entity may be changed. This form must be accompanlopl by ap►fopriafe fog*, Nevada SOcretary Of Stare 92A Merger Page b Relfted: 8.31.11 From. unknown Page. 9111 Received by: NV Secretary of State Date: 8/22/2012 9:32.-23 AM ROSS MILLER Secretary of State 4 204 North Carson Street,8ulte 1 Carson City,Nevada 89101-4520 (775)684.5708 Webslte: www.nvsos.gov Articles of Merger (PURSUANT TO NRS 92A.200) Page G USE BLACK INK ONLY-DO NOT HIGHLIGHT ABOVE SPACE IS FOR OFFICE USE ONLY 8)Signatures-Must be signed by: An officer of each Nevada corporation;All general partners of each Nevada llmlted partnership;All general partners of each Nevada limited-Ilablllty limited partnership;A manager of each Nevada limited-Ilablllty company with managers or one member If there are no managers;A trustee of each Nevada business lrust(NRS 82A.230)` © If there Are more than four merging entities,check box and attach an 8 1i2"x 11"blank sheet containing the required Information for each addltlonal entity from article eight. Lebanon Fiberner,LLC Name of merging entity ..�....--•----• ---•--•-- -----....--- ..._.. _.. x - -_al ----- [Chief Financial tJfficer Signature 71tle9 Date �Name of merging entity Signature Title bate Name of merging entity Signature Title Date Name of merging entity Signature Title Date and, `Metro FiberneI,LLC —--... --- -----. . .--............. --- Name of surviving entity n !ChiefF_i_nancial Officer _ Slgnature Title Date The articles at merger must be signed by each foreign constituent entity in the manner provided by the law governing It(NRS 92A.230). Additional signature blocks may be added to this page or as an attachment,as needed. IMPORTANT,, Failure to include any of the above Information and submit with the proper fees may cause this filing to be rejected. TAis form must be accompanied by appropriate fees. Nevada Se VOW ryor 510LO 92A Merper Pegs s Revlsed_ 0-31-11 From: unknown Page. 10/11 Received by: NV Secretary of State Date. 8/22/2012 9.32:23 AM FLAN OF MERGER OF LEBANON FTBERNET,LLC An fndiana limited liability company INTO MEMO VIBERNET,LLC A Nevada limited liability company By this Plan of Merger, LEBANON FIBERNET, LLC, an Lidiana limited liability company ("LFN")and MEM FIBERNET,LLC, a Nevada Iimited liability company("Survivor"), state, confirm and agree as follows: FIRST: Survivor hereby merges into itself LFN and LFN shall be and hereby is merged with and into Survivor,which shall be the surviving limited liability company, SECOND: The terms and conditions of the merger are as follows-. (a) The Articles of Organization of Survivor shall be the Articles of Organization of Survivor; (b) The Operating Agreement of Survivor sliall be the Operating Agreement of Survivor: (c) The officers of Survivor shall serve until successors are duly elected and qualified; (d) The merger shall become effective upon .filing the Articles of Merger with the Secretaries of State of Nevada and Indiana; (e) Limited liability is retained by Survivor; and (fl Upon the effectiveness of the merger, the separate identity,existence and corporate organization of LFN shall cease to exist except as otherwise provided by applicable law. Survivor shall succeed to and possess all the properties, accounts,rights, privileges, powers, franchises and immunities of a public as well as private nature,and be subject to all the debts, liabilities,obligations,restrictions, disabilities and duties„ of LFN all without further act, deed or transfer. Tom: All of the presently issued and outstanding interests of LPN shall, by virtue of the merger and without any action on the part of the holder thereof,be cancelled and cease to exist. From: unknown Page. 11/11 Received by: NV Secretary of State Date. 8/22/2012 9.32:24 AM FOURTH, The issued interests of Survivor shall not be converted in any manner, but each said interest which is issued as of the effective date of the merger shall continue to represent one issued interest of the Survivor, FIFTH:The officers of each company shall be authorized to do all acts and things necessary and proper to effect the merger. Ill WITNESS WHEREOF,LFN and Survivor have caused this Plan of Merger to be executed by their respective duly authorized officers on August 1,2012. LIJBANON FIBERNET,LLO By:- :�'�- /"—j-- Name: Title: METRO l;'IBERNET, LLC J Name: Title: Filed in the Office of Business Number 6r,411 E0068952011-0 T�. Filing Number 20110268112-64 Secretary Filed On State Of Nevada 04/08/2011 Number of Pages 3 ROSS MILLER •092601 Secretary of State 204 North Carson Street,Suite 1 Carson City,Nevada 89701-4620 (776)684-6T08 Website: www.nvsos.gov Amendment to Articles of Organization (PURSUANT TO NRS 86.216) USE BLACK INK ONLY-DO NOT HIGHLIGHT ABOVE SPACE IS FOR OFFICE uSE ONLY Certificate of Amendment to Articles of Organization For a Nevada Limilted-LiabilitV Com an Before Issuance of Members Interest (Pursuant to NRS 86.216) 1. Name of limited-liability company: _ ,vletroNet-General,LLC 2. The articles have been amended as follows: (provide article numbers, if available)* Article L is hereby amended in its entirety and rep)-aced with the following:Name of LLC. Metro FiberNot,LLC Articles 4 and 5 are hereby deleted in their entirety. °Article 6 is hereby deleted in its entirety and replaced with the following, Management.\4ctro Fiber let,LLC shall be managed by a manager. .Articles 7 and S are hereby deleted in their entirety. (Previous Articles of Organization and the restated Articles of Organization are attached for reference purposes) 3, The effective date of this certificate, if other than filing date: _. (must not be later Ulan 9D days after the certificate Is filed) 4. As of the date of this certificate, no member's interest in the limited-liability company has been issued. 5. Signatures represent at least 2/3 of the (check one)**: ® Organizers ❑Managers x (7:� x Signa re Signature 1)If amending company name, it must contain the words"Limited-Liability Company,""Limited Company,"or"Limited" or the abbreviations"Ltd.,"..L.L.C.,"or"L.C.,""LLC"or"LC." The word"Company"maybe abbreviated as"Co." 2) if adding managers, provide names and addresses. If more than two signatures, attach a plain 8 112"x 11"sheetwith the additional signatures. I FILING FEE: $175.00 l� IMPORTANT: Failure to include any of the above information and submit with the proper fees may cause this filing to be rejected. This fon"must be accompanied by appropriate fees. Nevada Secretary of State 86.216 DLI.0 Amendment Revised: 10-15-De AMENDED AND RESTATED ` ARTICLES OF ORGANIZATION OF METRO FIBERNET, LLC WHEREAS, the Articles of Organization for MetroNet-General, LLC (the "Cnmpany") were originally tiled in the State of Nevada on February 7, 2011; and WHEREAS, there has been no issuance of membership interests to any member of the Company: and WHEREAS, pursuant to N.R.S. §86,215 and the other provisions of the Nevada Limited Liability Company Act, N.R.S. Chapter 86 (the"Act"), the organizer may file amended Articles of Organization before the issuance of membership interests; NOW, THEREFORE, the undersigned, being the original organizer of the Company, hereby certifies the following: The following Articles of Organization hereby replace in their entirety the Articles of Organization of the Company previously filed with the Nevada Secretary of State on February 07,2011. 1. Name of the Company-The name of the Company is: METRO FIBERNET, LI..0 2. Resident A,ent Name and Street Address - "I'he name of the resident agent for service of process on the Company in the State of Nevada is National Registered Agents, Inc. of NC. The address of the resident agent of the LLC is 1000 East William Street Suite 204, Carson City, NV 89701. 3. Date of Formation and Effective Date - The date of formation and the effective date of the Company shall be February 07, 2011. 4. Management, The management of the Company shall be by manager(s). IN WITNESS WHEREOF, the undersigned hereby executes these Amended and Restated Articles of Organization in accordance with the provisions of'N.R.S. 86.215 on February 21 2011. f ,Io Campbell, O ganiicr 4t"��►nn� Ar#+��5 ARTICLES OF ORGANIZATION OF METRONET-GENERAL LLC The undersigned, being an authorized person for purposes of executing this Articles of Organization on behalf of MctroNet-General, LLC, a Nevada Limited Liability Company (the "LLC", desiring to comply with the requirements of N.R.S. §86.161 and the other provisions of the Nevada Limited Liability Company Act, N.R.S. Chapter 86 (the Act), hereby certifies as follows: 1. Name of the LLC-The name of the LLC is: METRONET-GENERAL,LLC. 2. Resident Agent Name and Street Address - The name of the resident agent for service of process on the LLC in the State of Nevada is National Registered Agents, Inc. of NC. The address of the resident agent of the LLC is 1000 East William Street Suite 204, Carson City, NV 89701. 3. Date of Formation and Effective Date - The date of formation and the effective date of the LLC shall be the date of filing of these Articles of Organization with the Secretary of State of the State of Nevada. 4. Series LLC. This is a Series LLC which may establish designated series of members, managers, limited liability company interests having separate rights, powers or duties with respect to specified property or obligations of the limited liability company or profits and luises associated with specified property or obligations of the LLC, or profits and losses associated with specific property or obligations and, to the extent provided in this LLC's operating agreement, any such series may have a separate business purpose or investment objective and/or limitation on liabilities of such series in accordance with the provisions of N.R.S. §86,296. 5. Debts and Liabilities. The debts and liabilities of a designated series of this LLC are to be enforceable against the assets of that series only and not against the assets of another series or against the LLC generally. No debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the LLC generally or any other series are enforceable against the assets of a specific series. 6. Management, Unless otherwise provided in the LLC's operating agreement, the management of each series of this LLC shall be vested in as manager . 7. Personal Liabilities of Mana ers. No inanager or agent of and series of this LLC shall be liable to the LLC generally, or to the members of a specific series for damages for any acts or omissions constituting a breach of fiduciary duty in the performance of his or her duties as a manager of this LLC, unless such acts or omissions involve intentional misconduct, fraud or a knowing violation of the law, Filed in the Office of Business Number E0068952011-0 1�•lJ�y Filing Number ROSS MILLER QQ 20110095974-18 Secretary of State Secretary Filed On State Of Nevada 02/07/2011 204 North Carson Street, Suite 4 Number of Pages Carson City, Nevada 89701-4520 3 (775)684-5708 Website: www.nvws.gov Articles of Organization Limited-Liability Company (PURSUANT TO NRS CHAPTER 86) (This document was filed electronically.) USE BLACK INK ONLY-DO NOT HIGHLIGHT ABOVE SPACE IS FOR OFFICE USE ONLY ..................................................................................................................................................... 1. Name of Limited- METRONET-GENERAL L.L.C. Check box if a Check box if a Liability Company: Series Limited- Restricted Limited- (must contain approved Liability Company Liability Company limited-liability company ® El see instructions) ....................................................................................................................................................: 2. Registered ®Commercial Registered Agent: NATIONAL REGISTERED AGE-SEE ATTACHED Agentfor Service ..N.ame............................................................................................................................................ of Process: (check ❑ Noncommercial Registered Agent OR Office or Position with Entity only one box} (name and address OR (name and address below) .................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... Name of Noncommercial Registered Agent OR Name of Title of Office or Other Position with Entity ............................................................................................................................................................................. ................................. Nevada: ............................................................................................................::............................................................... .................................. Street Address City Zip Code ............................................................................................................................................................................. ................................. Nevada: ............................................................................................................ :............................................................... .................................. Mailing Address(if different from street address) City Zip Code .. 3. Dissolution ... Date:(optional) Latest date upon which the company is to dissolve (if existence is not perpetual): ............................................................ 4. Management: Company shall be managed by: ® Manager(s) OR Member(s) (required) "check only one box ............................................................................................................................................................................................................................ 5. Name and 1) QC MANAGEMENT,LLC ...........................................................................................................................................................................................................................: Address of each Name ............................................................................................................................................................................. ................. ................................. Manager or :8837 BOND STREET OVERLAND PARK KS 66314 ManagingMember: .................................................................................................................................................................................................................................. StreetAddress...................................................................................City..........................................................State Zip Code (attach additional page if ...... .. .......................................... more than 3) 2) ...........................................................................................................................................................................................................................: Name ................................................................................................................................................................................................................................. ..............................................................................................................:............................................................... :................. :................................. Street Address City State Zip Code ............................................................................................................................................................................................................................ 3) :..........................................................................................................................................................................................................................: Name ................................................................................................................................................................................................................................. .............................................................................................................::..............................................................::................::................................. Street Address City State Zip Code 6. Name, Address ........................................................................................................JOHN CAMPBELL X JOHN CAMPBELL and Signature of ............................................................................................................... Organizer:(attach Name Organizer Signature additional page if more 8837 BOND STREET OVERLAND PARK KS 1166214 ................................................................................................................... .......................................................................................................... than 1 organizer) . Address City State Zip Code 7. Certificate of hereby accept appointment as Registered Agent for the above named Entity. Acceptance of ............................ Appointment of X NATIONAL REGISTERED AGENTS, INC. OF NV 2171301I .................................................. Registered Agent: Authorized Signature of Registered Agent or On Behalf of Registered Agent Entity Dale This form must be accompanied by appropriate fees. Nevada Secretary of State NRS 86 DLLC Articles Revised: 9-9-10 Articles of Organization (PURSUANT TO NRS CHAPTER 86) CONTINUED Includes data that is too long to fit in the fields on the NRS 86 Form and all additional managers and organizers ::>::>::>::>::>::>::>::> >::>::>::>::>::>::>::>::>::>::>::>::>::>::>::>::>::>::>:..:...............:...:...:...........:;:...:......:...........: ::.:.::.: .::.:...::.:.....::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::......%::.::.::...%..:.%.%..%..%..%..%..%..%..%..%%.%..:.:.:.:.:.:.:.. ::::: ETRE3WET- EEL.:L.L.c.. :::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::.:::::: NTIT' :::NA E:.:.::.::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ......:::::::::::::::::::::::::::::::::::::::..................................... :€:€:F. . EI:. N::l+4tAME€:€:€:>€:€:N €:A I :::::::......::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::......%............... .....I p::........................................................................................................................................................... R>i€i€i€>i€i€i€i€>i€i€i€i€>i€i€i€i€>€:€:€:>€:€:€:>€:€:€:>€::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::€::::::::::: >:: ............. ..................................................................................................................................................................................................... ............................................................................................................................................................................................................................................... :>: >::: :...... .. ................................................. .............:.:.:......:G ::..::......:...........::.::.. .....:..:... :.......c... ..... .:... :::>:::>:::>:::>:::>:::>:::>:::>:::>:::>::: ................................................................................................................�.............................................................................. ............................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................... ::::ACENT:::NCI:E::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>:::........:....::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::>::::::>:::::>:::::>:::::>:::::>:::::>::::>::::>:::::>:::::>:::::>:::>::::>::::>:....:. ............................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................... TREE iiiiiiii................................iiiiiiiiii>Not Il iil laiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiiiiiiiii iiii > < ............................................................................................................................................................................................................................................... MAILING Not Applicable ADDRESS: PAGE 2 I III Illllt�!IlEI�IIlII �._ ROSS MILLER *180301"' Secretary of State •: 202 North Carson Street Carson City, Nevada 897014201 (775)684 5708 Website: www.nvsos-gov Registered Agent Acceptance (PURSUANT TO NRS 77.310) This farm may be submitted by:a Commercial Registered Agent, Noncommercial Registered Agent or Represented Entity. For more information please visit http:llwww.nvsos.gov/business/forms/ra.asp USE BLACK INK ONLY-00 NOT HIGHLIGHT ABOVE SPACE IS FOR OFFICE USE ONLY Certificate of Acceptance of Appointment by Registered Agent ................ ...........................................................................__.._�..........._._...._......_........-- ............ .. .........................-----------......---.------...........----..........._..._..__. 9n the matter of Metronet-General, LLC .. .................................... ....... ....... ... .................----..............--- . ----...................... ... .................._........................................................... . - ......_.... Name of Represented Business Entity .... . ...... ..... ..........._..................... , E, National Registered Agents, Inc. of NV am a: ........................................ .............. ...._.......................... .................... Name of Appointed Registered Agent OR Represented Entity Serving as Own Agent" (complete only one) a) commercial registered agent listed with the Nevada Secretary of State, b) ^ noncommercial registered agent with the following address for service of process: ........................................... ._....._ ... ........................................... ............. ... .... .... ....................... ........ ___ _.... .. . ................. ................. ........... .... .... ..:Neva a :.. ....__..._......._. _. . Street Address City Zip Code :- ........._......... ... ..... .... ...... .. ... ...... ..........._..................................................._.... ................................ ...... ............._..... ...... . ...... Nevada'.... _...._ Mailing Address(if'different from street address) City Zip Code c) :: represented entity accepting own service of process at the following address: Title of Office or Position of Person it Represented Entity :.. .... ............. ..... ............. Nevada ... .. .._.._..._._.......... Street Address City Zip Code .. .........._.... ..__ Nevada ... .. ....... ........__...... Mailing Address(if different from street address) City Zip Code and hereby state that on ; .+'l,.i• ; I accepted the appointment as registered agent for the name � t$i�r..ens entity. °ate No ton-' . gister,' 9 arts, Inc.,Rf NV .1126/11 Au1t3OrizV%-S1gnaj6 e of O.A.or On Behalf of.R.A.Company Date Chelsea BialoWv rs-Assistant Secretary *if changing Registered Agent when reinstating, officer's signature required_ Signature of Officer Date Nevada Secretary of State Form RA Acceptance Revised, 1G-I6-08 Exhibit C Authority to Transact Business in Idaho SECRET AR OF S TA T O h' �`��017 OI!li COl'�l'Cc OFN�v CERTIFICATE O FEXISTENCE WITH STATUS IN G O O STANDING I, FRANCISCO V. AGUILAR, the duly qualified and elected Nevada Secretary of State, do hereby certify that I am,by the laws of said State, the custodian of the records relating to filings by corporations, non-profit corporations, corporations sole, lim led-liability com lanes, lim led partnerships, lim led-liability partnerships and business trusts pursuant to Title 7 of the Nevada Revised Statutes which are either presently in a status of good standing or were in good standing for a tim eperiod subsequent of 1976 and am the proper officer to execute this certificate. I further certify that the records of the Nevada Secretary of State, at the date of this certificate, evidence METRO FIBERNET,LLC as a DOMESTIC LIMITED-LIABILITY COMPANY (86) duly organized or form a1 and existing, or duly qualified or registered, as applicable,under and by virtue of the laws of the State of Nevada since 02/07/2011, and in good standing in this State. IN WITNESS WHEREOF, I have hereunto set m y hand and affixed the Great Seal of this State, at m y 4; ;offioce on 02/13/2025. FRANCISCO V. AGUILAR Certificate Num ber: B202502135438499 Secretary of State You m ay verify this certificate online at https://www.nvsilverflum egov/hom e Exhibit D Certificate of Good Standing—Nevada SECRET AR OF S TA T O h' �`��017 OI!li COl'�l'Cc OFN�v CERTIFICATE O FEXISTENCE WITH STATUS IN G O O STANDING I, FRANCISCO V. AGUILAR, the duly qualified and elected Nevada Secretary of State, do hereby certify that I am,by the laws of said State, the custodian of the records relating to filings by corporations, non-profit corporations, corporations sole, lim led-liability com lanes, lim led partnerships, lim led-liability partnerships and business trusts pursuant to Title 7 of the Nevada Revised Statutes which are either presently in a status of good standing or were in good standing for a tim eperiod subsequent of 1976 and am the proper officer to execute this certificate. I further certify that the records of the Nevada Secretary of State, at the date of this certificate, evidence METRO FIBERNET,LLC as a DOMESTIC LIMITED-LIABILITY COMPANY (86) duly organized or form a1 and existing, or duly qualified or registered, as applicable,under and by virtue of the laws of the State of Nevada since 02/07/2011, and in good standing in this State. IN WITNESS WHEREOF, I have hereunto set m y hand and affixed the Great Seal of this State, at m y 4; ;offioce on 02/13/2025. FRANCISCO V. AGUILAR Certificate Num ber: B202502135438499 Secretary of State You m ay verify this certificate online at https://www.nvsilverflum egov/hom e Exhibit F Proposed Service Area—ILEC Map ort Me Springs Idaho Telephone Exchanges Nordin a Bonners TY o Naples •Cin and Company Y Areas mva olburn Sandp t ov Hop P lest ive Sagle dt win acle a Clarl,Fork Cocol a ' char B i Spi it L ke •Lakeview Regulated Companies thol Hau drum Hayd n s St Lin oeur d'AI ne urray • C'atal� gmelterville e Haiti Ainahu Osb M CenturyLink or, St.Marie St.Joe *Calder•Benewah •Av�ry T sed Santa as t Fernwood mida 960 Cl rkia H ward Pri ceto Bovil Frontier Communications io e e Ilk River ary sc roy endrick eadquarters Juliaetta•s thwick LATA Boundary Gene Ahsahka • e ont P • Orofino Pi ce pal'g•GHord 963 ewisto Lapwa de ac Weippe *Reuben • odland C t inchester N P amiah er in es Lowell • an Stites Cott nwood •Ke ta,Ile • arwater ann a Elk City White ird Lucille Gi onsville Riggins F 652 o Pollock •Warren Salmon B r Nem Meadows •Cobalt Tamara •Yellow Pine Ten 25 0 25 50 McCall •Stibnite Miles Counci Donnel y eadore mbrid •May •Indian Valle Casade Challis — Midvale Humphrey Macs I Island ark •Kilgore Weiser yton Stanley Dubois • Payette Banks • much an Gard n Valley on r nd Sw Parker Drummond Plymouth • G rdena • t.An hony Leth�tSu H�rseshH�rsesh a Bend Mackay Hamer Te on Emmet .-Te ton ugar Ci Felt Ne e ho City •Atlanta a e Re urg Te nia arm e Mud L Mid le R to s Thornt n Wi er o Eagle n Valley •Lost River Moore Me riggs Garden Ci Arco Goo Ho ad f is Oise •Featherville Butte n ictor Mar Ing N mpa Hai ey • to a •K na •Pine I ho Fal s wmon Bell v tomic City Ammon Swan Valle *Me ell d Irvin •Mel Shel ill City Carey •Goshe 0 orela d urp y R ckford Black of ounta n Pingree rin field Gran I View in Hill ichfi Id •Ste I ng Fort Hall le Goo S s one A r ammett Chubbuck neau uttl Pocatello •Chest rfield H Inko endell Anne can Falls me L Mintdoka •Be tt •Conda Acequia cCamm�Soda Springs Eden P ul upert va of S�r ngsngs T z�ton y Rockland A me, race • astl rd an er kO'bey urt ugh Virgins Georgetown Y Downey Albion That her Bennington Hollister Malta ontpelie Ow • Rogerson Oakley •Elba lad C ty r Mi k Creek Paris •CIS on Bloomi on •P ram •Almo DEN reston St.Char es Whitney esto� Fish haven IDAHO PUBLIC UTILITIES COMMISSION 2/4/16 RPS Exhibit G Proposed Service and Exchange Area Map NN BOERRY Idaho Telephone Exchanges PRIEST LAKE and Company Areas PRIEST SANDPOINT RIVER HOPE OLD CLARK Regulated Companies OWN LAKE FORK BAYVIEW VIEW SPIRIT LAKE THDRUM HAVDEN POST ALLS COEUR O'ALENE KELLOGG Centu ryLi n k SETTERS WALLACE ROCK PLUMMER HARRISON M CREEK ST.MARIES ENSED EVERGREE 960 CO Frontier Communications GTE POTLATCH WELLESLE DEARV BOVILL MOSCOW TROY POTLATCH GENESEE JULI ETTA OROFINO PIERCE BLACKFOOT LENORE PEC 963 WEIPPE LEWISTON LAPWAI NEZ CRAIGMONT PIERCE KAMIAH rr KOOSKIA COTTONWOOD GRANGEVILLE LATA Boundary WHITE BIRD ELK CITY NORTH FORK RIGGINS 652 SHOUP WARREN SALMON PINE NEW MEADOWS CCALL 25 0 25 50 CUPRUM YELLOW PINE ELK Miles BEND COUNCIL DONNELLEV CAMBRIDGE LEADORE WARM LAKE INDIAN VALLEY Y CASCADE CHALLIS KILGORE MIDVALE ISLAND WEISER PARK DUBOIS OLA CLAYTON GARDEN MONTEVIEW PAVETTE VALLEY LOWMAN STANLEY SWEET ASHTOV NEW PLVMOUTH HORSESHOE ST EMMETT N` BEND IDAHO HAMER -NTHO __� NU ACRES MACKAY CITY ATLANTA TERRETON TETONIA RE%BURG PARMA MIDDLETON KETCHUM ROBERTS S AR IDER RIGBV DRIGGS l CALDWELL ARCO HOMEDALE� MERIDIAN BOISE:RIVER RIRIE VICTOR BOISE IDAHO FALLS NAM, PRAIRIE MARSING HUNA IRWIN \ HAILEY SHELLEV MELBA FAIRFIELD CAREV TIPANUK BLACKFOOT MTN HOME ALPINE RICHFIELD SPRINGFIELD GLENNS SHOSHONE WAYAN GRANDVIEW FERRY BLISS GOODING ABERDEEN FREED DIETRICH GERMAN NOR ND POCATELLO MINIDOKA BANCROFT WENDELL JEROME AM FALLS TYHEE pyp SODA EDEN PAL HOT SPRINGS BRUNEAU BUHL RUPERT MCCAMMON SPRINGS JORDAN ARGON GRACE VALLEY FILER TWIN KIMBERLY RAFT RIVER ROCKLAND FALLS BURLEY CASTLEFORD MURTAUGH DOWNEV MONTPELIER ALBION HOLLISTER MALAD GRASMERE OAKLEY ELBA META THREE CREEK TON HOLBROOK PARIS ALMO IDAHO PUBLIC UTILITIES COMMISSION 214116 RPS Exhibit I Metronet Terms and Conditions BUSINESS TERMS AND CONDITIONS Metronet (hereafter "Metronet", "we" or "us") and the customer identified on the Business Agreement ("BSA"), Advanced Services Agreement ("ASA"), or other services agreement ("SA") (hereafter "Customer", "you" or "your") enter into this agreement whereby we will provide you those services listed on the BSA, ASA, or SA, as applicable ("Fiber Services"'). Agreement. These terms and conditions, together with our tariff, our Acceptable Use and Privacy Policy ("AUPP"), the BSA, the ASA, the SA, Additional Terms of Service Addendum, Managed Wi-Fi Terms and Conditions, Metronet Go Terms and Conditions, Bulk DISH TV Terms and Conditions, mFax Terms and Conditions, any Statement of Work ("SOW"), any Letters of Authorization and any other written terms and conditions that are attached to or are expressly incorporated into the BSA,ASA or SA that govern the Fiber Services purchased by you (all such documents related to your Fiber Services are collectively, the "Agreement"), form the entire agreement between Metronet and Customer regarding the Fiber Services. Documents Available Online; Electronic Notices and Signatures. All documents that are a part of the Agreement may be found on our website at https://www.metronet.com/, https://www.metronet.com/terms- conditions, https://www.metronet.com/aup-privacy, https://www.metronet.com/regulatory and/or may be obtained through our customer service department. By signing the ASA, BSA or SA, activating any of our services, or using any of our services,you acknowledge that you have had an opportunity to read and review, and agree to abide by, all of the terms and conditions of the Agreement including those posted on our website referenced above. You agree that we or third parties acting on our behalf may call or text you at any telephone number that you provide to us or that we issue to you, and that we may do so for any purpose relating to your account and/or the Fiber Services.You expressly consent to receive such calls and texts and agree that these calls and texts are not unsolicited. You understand and acknowledge that these calls and texts may entail the use of an automatic telephone dialing system and/or artificial or prerecorded messages. You also agree that we may email you at any email address you provide to us or we issue to you. Although our emails and texts to you may give you the ability to opt out, you may not be able to opt out of certain communications pertaining to your account, including but not limited to certain communications regarding transactions, emergencies,fraud or other violations of law, security issues, and harm caused to the network. Message and/or data rates may apply. You consent to the use of electronic signatures for agreement(s) with us and consent to receive all agreements, terms and conditions, notices and disclosures we send to you online or through other electronic means (e.g. email or text over your wireless number, charges may apply). You also consent to and authorize us to act on your account (e.g. make billing changes, make changes to your Fiber Service and the Equipment, add Fiber Services, cancel Fiber Services, make address changes, add authorized contacts, etc.) using instructions given by you to us via telephone, text (charges may apply), email, or other means. Also, your consent may be given by: clicking a box or using some other electronic means indicating your acceptance, consent or acknowledgment; activating any of our services; or, using any of our services. If your email, wireless number for texting, or other address for electronic communications changes, please let us know promptly by contacting 1-877-407-3224 or at business-customer- service metronetinc.com. The following hardware and software are required to access and retain the electronic documents: Adobe Acrobat Reader software and a computer running the latest version of Microsoft Internet Explorer or another compatible browser. These requirements may change from time to time. If you experience difficulties accessing electronic documents, please contact us at 1-877-407-3224 or at Business-customer-service(c�metronetinc.com. Term. This Agreement will be binding on you upon your execution of the BSA, ASA, or SA and the initial term of the Fiber Services will continue after the date that all of your Fiber Services are first available to you for the 1 Fiber Services may be provided by Metro Fibernet,LLC, CMN-RUS, LLC,Jaguar Communications, LLC, Climax Telephone LLC, CTS Telecommunications, LLC,Metronet Securitization Warehouse Borrower, LLC,Metronet DevCo Borrower, LLC,Vexus Fiber, LLC.,Vexus Warehouse,LLC,Vexus Fiber Infrastructure, LLC,and/or their affiliates. 1 V081723 Term set forth in such BSA, ASA, or SA. If you purchase more than one Fiber Service from us, you agree that we may turn up your Fiber Services in stages and that the initial term of all Fiber Services will continue after the date that the last Fiber Service is first available to you for the Term set forth in such BSA, ASA, or SA. If you purchase a Fiber Service involving Equipment provided to you for self-installation, your Fiber Service will be considered available to you upon our delivery of the Equipment to you. Upon the expiration of the initial term, the Agreement will automatically renew for additional one (1) year terms unless either party provides written notice of its intention not to renew the Agreement at least thirty(30)days prior to the expiration of the then current term. We reserve the right to terminate the Service (or any part thereof) at any time during the initial term or thereafter in the event we cease to offer Fiber Service generally or to your location upon thirty (30) days advance notice. Early Termination Liability. Except for a termination expressly permitted without early termination charges pursuant to these terms and conditions, and except as otherwise provided in this section, in the event you terminate (or we terminate due to your breach)this Agreement or any Fiber Service prior to the expiration of the then current term, we reserve the right to charge you, as liquidated damages and not as a penalty, an amount equal to: (i) sixty percent (60%)of the monthly recurring fees for the terminated Fiber Services, including the average monthly usage based fees, multiplied by the number of months and partial months remaining on the then current term; (ii) any unpaid non-recurring and recurring fees associated with the terminated Fiber Services; and, (iii) any recurring and non-recurring fees and costs we incur (or have contracted to incur) from other suppliers in connection with the Fiber Services or termination thereof. In the event Metronet must construct facilities or incur other costs in order to serve your location and you terminate your contract before Metronet begins providing service, we reserve the right to charge you, in lieu of the above, an amount equal to such costs. Payment & Billing. All non-recurring fees will be due within thirty (30) days of the date of your invoice. With the exception of non-recurring fees and usage-based charges, you will be billed monthly in advance for the Fiber Services. Tax-like charges and other local, state or federally charged, imposed or authorized fees and surcharges are not built into our rates,and therefore,will be included separately on your monthly bill.You agree to pay all charges stated in your bill including any taxes and surcharges no later than thirty(30)days following the invoice date without offset or demand. If you do not pay your bill in full by the due date, you may incur a late payment fee equal to twenty-five dollars ($25.00) or the highest late payment fee allowed by law. The unpaid portion of your bill will also incur interest, from the due date until paid, at three percent(3%) per month or the highest rate allowed by law. We may also terminate or discontinue some or all of your Fiber Services if we do not receive your payment by the due date. In the event that we disconnect your Fiber Services for nonpayment, you may be required to pay a reconnection fee. If we incur expenses collecting any past due amount from you, you agree to pay our collection expenses including, but not limited to, court costs, service fees, collection fees, and attorneys' fees. It is our preference that you sign up for the automatic bank draft payment method and that we provide invoices to you electronically. If you elect to receive a paper invoice, you will incur a charge for each paper invoice. Equipment. We may install equipment in and around your place of business. This equipment may include, but is not limited to,a Network Interface Device("NID"), phones, switches, routers,set top boxes,gateways, wi-fi extenders, remote controls and cabling (collectively the "Equipment"). Unless you purchase the Equipment from us, the Equipment is the sole and legal property of Metronet and cannot be reused or resold in any manner. You agree that you will not, transfer, sell or move any of the Equipment to another location outside your place of business either temporarily or permanently. You are responsible for the care and maintenance of the Equipment located at your place of business. You agree not to modify the Equipment in any way. If any of the Equipment is damaged, modified, lost, destroyed, tampered with, transferred, sold or stolen while in your possession, you will be responsible for the cost as determined by Metronet of repair or replacement of the affected Equipment. When you cease being a customer or move from your current location, you are responsible for returning the Equipment to us, with the exclusion of any wiring or equipment located outside your place of business, and obtaining a signed return receipt from us. Installation. You hereby authorize us and/or our contractors to enter your place of business during normal business hours, or by appointment, to install, inspect, maintain, replace, or remove the Equipment. You also 2 V081723 grant us the right to enter onto property owned or controlled by you at all reasonable times, even if you are not present, to install, inspect, maintain, replace or remove any of the Equipment located outside your place of business. Unless we are grossly negligent or intentionally harm any persons or property, we will not be responsible or liable for any damages caused by us while performing work on your property or in your place of business. We are not responsible for the operation, maintenance, repair or compatibility of your television, telephone,servers,computers, or any other device owned by you to which we establish a connection.You may not install any device or equipment to our inside wiring or Equipment that will impair the integrity of our Equipment or network.You agree that we will have no liability for any lost wages, lost revenue, and expenses you may incur as a result of any present or future work to be performed by us or any appointment made to perform present or future work. If you are not the owner of the premises upon which our Equipment or Fiber Services are to be installed, you warrant that you have obtained the consent of the owner of the premises for our representatives to enter or be on the premises for the purposes described in this Agreement. You agree to indemnify, defend and hold harmless Metronet, its affiliates and their representatives from and against any claims of the owner or manager of the premises arising out of the performance of this Agreement. In the event that the owner or manager of the premises terminates Metronet's access to the premises for any reason such that it can no longer provide Fiber Services to you, this Agreement and Metronet's obligation to provide Fiber Services automatically terminates without further obligation or liability to or by Metronet.You agree to mark for us the location of any private utilities or other underground facilities on the premises (e.g. underground sprinklers, invisible fences) between the public rights of way and the Collocation Space (defined below). In the event you do not perform the activities you need to perform to allow Metronet to install or deliver services at any location (e.g. provide access to premises) we may (i) continue with service installation to the extent practicable and invoice you for the services as if service was delivered and activated, or (ii) discontinue service installation, terminate the order for service and charge you the costs we have incurred prior to termination. Collocation Space. To the extent that we need space in and around your place of business to provide you Fiber Services, including, but not limited to, any necessary easements, licenses, permits and building entrance rights required to connect our Equipment from the public right of way to your place of business ("Collocation Space"), you agree to provide us such Collocation Space and hereby grant us an irrevocable license to use, occupy and maintain the Collocation Space until the Agreement is terminated. You also agree to provide us with power sufficient for the operation of our Equipment. You will not charge us for the Collocation Space or the power usage of our Equipment. Additionally, you hereby grant us a license to access the Collocation Space on a 24 hour/7 day per week basis, subject to any reasonable rules and regulations promulgated by you for the use and maintenance of the Collocation Space. We are not responsible for any delays in provisioning the Fiber Services or interruptions to the Fiber Services caused by your inability or failure to secure, maintain or give us access to the Collocation Space. Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL FIBER SERVICES ARE PROVIDED BY METRONET ON AN"AS IS"AND"AS AVAILABLE"BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR-FREE. ALL SPEED AND THROUGHPUT LEVELS FOR OUR INTERNET SERVICES STATED IN YOUR AGREEMENT ARE "UP TO" LEVELS AND REPRESENT THE HIGHER END OF THE RANGES OF SPEED AND THROUGHPUT YOU CAN EXPECT TO RECEIVE FROM OUR INTERNET SERVICE. BECAUSE THERE ARE MANY FACTORS OUTSIDE OF OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER CONFIGURATION, THAT MAY AFFECT THE SPEED OF YOUR INTERNET SERVICE, WE DO NOT WARRANTY THAT OUR INTERNET SERVICE WILL PERFORM AT ANY SPEEDS OR THROUGHPUT LEVELS. METRONET MAKES NO WARRANTY THAT THE FIBER SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER, TELEPHONE, SERVERS OR OTHER DEVICES FROM THIRD-PARTY UNAUTHORIZED ACCESS OR MONITORING VIRUSES OR OTHER MALICIOUS SOFTWARE. METRONET IS NOT LIABLE FOR THE INTERCEPTION, USE OR DISCLOSURE OF CUSTOMER'S COMMUNICATIONS OR DATA AND IS NOT RESPONSIBLE FOR ANY FIREWALLS OR OTHER PROTECTIVE SOFTWARE OR DEVICE. CUSTOMER IS SOLELY RESPONSIBLE FOR PROTECTING THE SECRECY OF ITS USERNAMES AND PASSWORDS. CUSTOMER IS 3 V081723 RESPONSIBLE FOR ALL USE OF THE FIBER SERVICES WHETHER AUTHORIZED OR UNAUTHORIZED. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE FIBER SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER AGREES THAT ALL USE OF THE FIBER SERVICES ARE AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE FIBER SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES, POWER SURGES AND EQUIPMENT FAILURES. IN NO EVENT WILL METRONET, ITS AFFILIATES, OR PARENT COMPANY BE LIABLE FOR LOST SALES OR BUSINESS,LOST DATA,BUSINESS INTERRUPTION,LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF METRONET AND WHETHER OR NOT METRONET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. UNDER ANY LEGAL THEORY,ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, REMOVAL OF METRONET'S EQUIPMENT, THE USE OR INABILITY TO USE THE FIBER SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD-PARTY SERVICES INCLUDING, BUT NOT LIMITED TO, E911 SERVICE AND SECURITY MONITORING, IN NO EVENT WILL METRONET'S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE FIBER SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE DATE THE EVENT GIVING RISE TO THE LIABILITY OCCURS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS METRONET, ITS AFFILIATES AND PARENT COMPANY, FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES,ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OF THE FIBER SERVICES BY CUSTOMER OR OTHERWISE ARISING OUT OF CUSTOMER'S BREACH OF ANY MATERIAL TERM OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, METRONET'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Adjustments. Subject to applicable law, for regulatory reasons or vendor changes which adversely affect the cost or ability of providing the Fiber Services, we may increase the rates charged to you, delete or modify the Fiber Services provided hereunder, or pass through to you all or a portion of any charge or surcharge directly or indirectly related to such regulatory activity or vendor changes. We will notify you if we initiate any of the foregoing changes. If the proposed changes considerably increase the price of the Fiber Services or your duties and obligations under the Agreement, you may terminate the applicable Fiber Service with no further liability by delivering written notice to us no later than thirty (30) day following the date we notify you of the change. Your continued use of the Fiber Services after the expiration of such thirty (30) day period will be deemed consent to any such changes. End User Authorizations; End User's Use. To ensure compliance with certain legal and regulatory requirements, if you are purchasing the Fiber Services on a bulk basis for use by your tenants, residents, guests or other end user(the"End Users"),we may,or we may require you to,obtain a"Letter of Authorization" or other agreement with special terms and conditions ("LOA")from your End Users. The execution of an LOA shall not relieve your duties or obligations under the Agreement or act as a limitation on our rights or remedies under the Agreement. If we request and you fail to obtain an LOA from any End User, you shall indemnify, defend and hold us harmless for any loss, cost or damage we may incur as a result of not having the LOA in place. You agree to promptly forward all LOAs to us throughout the term of this Agreement. Metronet reserves the right to limit or restrict your or an End User's access to a Fiber Service in case of abuse, illegal activity or activity that may harm or detrimentally affect Metronet's network. Prior to restricting a Fiber Service, Metronet will endeavor to provide Customer with prior notice. If you are an End User of Fiber Services purchased on a bulk basis(e.g. purchased by your landlord for your use)and you purchase additional Fiber Services directly from us ("Direct Services"), and your landlord terminates the Fiber Services purchased on a bulk basis, not only will we terminate the Fiber Services on a bulk basis, but also we may be required to and we reserve the right to terminate your Direct Services. Reset Requirement of Set Top Boxes. If you are purchasing Fiber Services on a bulk basis and providing Fiber Services to End Users,you acknowledge and agree that unless the set top boxes are reset to the default settings, certain activities of, information provided by, and/or content accessed by your End Users in 4 V081723 connection with its use of Fiber Services may be reviewable,accessible and usable by subsequent End Users that are provided with access to such set top boxes. You acknowledge and agree that you shall be solely responsible for resetting any set top boxes used by your End Users to their default settings and Metronet shall have no obligations to reset any set top boxes. If the Fiber Services provided to you enables your End Users to access certain content upon the provision of personal information (e.g. Netflix, YouTube, Hulu, etc.), including, but not limited to, by way of providing login information such as username and/or passwords, then any set top boxes to which such End Users had access shall be reset by your to its default settings prior to the time that another End User is provided access thereto by you. You acknowledge and agree that Metronet shall not liable for any failure by you to reset any set top boxes and you shall indemnify, defend and hold harmless Metronet from any and all claims, losses, damages, fines, penalties, costs, and expenses that Metronet may incur, including any such losses, damages, fines, penalties, costs and/or expenses that Metronet may incur in any action brought by or on behalf of a third-party(including, but not limited to, any End User), arising out of, or relating to your failure to reset any set top boxes used by, or made available to, an End User. Third-Party Services or Equipment; Off-Net Services. If you decide to enable, access or use services provided by you or a provider other than Metronet ("Third-Party Services"), your access and use of such Third-Party Services are governed solely by the terms and conditions of such Third-Party Services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third-Party Services, including,without limitation,their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services. We cannot guarantee the compatibility of such Third-Party Services with our Fiber Services. We also cannot guarantee the continued availability of such Third-Party Services features, and may cease enabling access to them without entitling you to any prior notice or refund, credit, or other compensation, if,for example and without limitation, the provider of a Third-Party Service ceases to make the Third-Party Service available for interoperation with the corresponding Fiber Service in a manner acceptable to us. If you use Third- Party Services or equipment supplied by you or a provider other than Metronet ("Third-Party Equipment') for any purpose in connection with the Fiber Service, we are not responsible for the performance of the Third-Party Services or Third-Party Equipment, their compatibility with our Fiber Services or equipment, or the quality of the resulting service, and you may be charged a fee for any service that we provide related to such Third-Party Services or Third-Party Equipment. Furthermore, Metronet will not be liable or responsible for any integration, installation, testing, troubleshooting, repair, support, or maintenance regarding Third-Party Services or Third-Party Equipment. You agree to have a capable vendor or other capable person available if needed in connection with our Fiber Service installation, maintenance and delivery. If you are utilizing a Third-Party Service or Third-Party Equipment, you agree to indemnify, defend and hold harmless Metronet from and against any losses, damages or claims associated with the Third-Party Service or Third-Party Equipment. We can disallow your continued use of the Third-Party Service or Third- Party Equipment in the event of alleged unlawful or inappropriate conduct or if your use of them poses a threat to our network; if this results in termination of your Fiber Service, you will be responsible for early termination liability. If we decide to use another service provider to provide all, or a portion of, the Fiber Services we provide to you ("Off-Net Services"), then such Off-Net Services are offered subject to the initial and continued availability of such Off-Net Services. Metronet will work with the Off-Net Services provider so it can install, test, troubleshoot, repair, support, and maintain such Off-Net Services and you agree to cooperate with Metronet in working with Off-Net Services providers. We, in our sole discretion, may adjust rates, disconnect or cancel Fiber Service, if we are unable to obtain or maintain such Off-Net Services at rates and on terms acceptable to us. Dispute resolution; Governing Law; Arbitration.This Agreement is deemed to have been executed and delivered within the State of Indiana, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Indiana, without regard to the conflicts of law principles thereof. In the event of any dispute between the parties, before initiating any legal action or arbitration other than actions to collect past due amounts from you, a party will provide the other party thirty (30) days written notice and meet and confer with the other party in a good 5 V081723 faith effort to resolve the dispute. Any claim or controversy arising out of or related to this Agreement (including the issues of arbitrability of any such claim or controversy)shall be resolved individually, without any resort to any form of class action. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or the Fiber Services must be brought within one (1) year after such claim or cause of action arose or be forever barred. At Metronet's sole option, such claim may be resolved by binding arbitration, in which case the arbitration will be final, binding, and non- appealable, and conducted by the American Arbitration Association ("AAA"), pursuant to the American Arbitration Association Commercial Arbitration Rules and Mediation Procedures ("AAA Rules"). All arbitration shall take place before a single arbitrator selected pursuant to the AAA Rules, in Evansville, Indiana. The costs of the arbitration including, among other things, any administration fee, the arbitrator's fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. Ajudgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereover. The parties hereto agree that, notwithstanding the provisions of this section, Metronet shall have the right to obtain injunctive or other equitable relief through an action in court. The parties further agree that venue and jurisdiction over any litigation, motion to compel arbitration or to confirm an arbitration award shall lie exclusively with the courts (state or federal) located in and having jurisdiction over Evansville, Indiana, and hereby submit to the jurisdiction thereof. Changes to Terms and Conditions. Subject to applicable law and the provisions in the "Adjustments" section of this Agreement, we reserve the right to change these terms and conditions and the terms and conditions of the documents forming this Agreement, at any time without prior notice to you by amending the online version posted on our website. Any such changes will be effective upon posting of the revised terms on our website. IP Addresses. Unless otherwise specified, Metronet's internet service is provided via dynamic Internet Protocol ("IP")version 4 addresses. Upon your request, in our sole discretion, we may assign one or more static IP version 4 or IP version 6 addresses to you ("Static IP Addresses"). If we make any such assignment, then you represent and warrant that: you are utilizing at least 80% of all Static IP Addresses currently assigned to you (from all internet service providers); for each individual Static IP Address assignment you have obtained, you are utilizing at least 50% of the IP addresses included in that assignment; and, you will utilize at least 80% of all Static IP Addresses assigned to you by us within 12 months of the assignment. All IP addresses are the property of Metronet and non-portable. You may not assign, lease, sell, or otherwise encumber Metronet's IP addresses. We reserve the right to change an IP address at any time for any reason. There is no guarantee an assigned IP address will be globally routable. General. This Agreement represents the entire understanding and agreement between Metronet and Customer with respect to the Fiber Services and supersedes all prior agreements with respect to the Fiber Services, whether written or oral. No alterations or changes may be made to the Agreement, pricing schedules or any other document regarding any services provided by us except with the written approval of an officer of Metronet. Except for the one-year limitation set forth in the "Dispute Resolution; Governing Law; Arbitration" section of these terms and conditions, no failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder will operate as a waiver thereof. Except as otherwise expressly set forth in this Agreement, any exercise of any right or remedy hereunder shall not preclude any other or further exercise thereof or the exercise of any other right of remedy granted hereby or by law. Metronet may assign this Agreement without your consent, but you may not assign the Agreement without our prior written consent. The Agreement, a legally binding contract between Metronet and Customer, binds and inures to the benefit of their respective principals, successors and permitted assigns. The format, words and phrases used in this Agreement will have the meaning generally understood in the communications Industry. This Agreement will be construed in accordance with its fair meaning and not against the drafting party. If a court, arbitrator or similar body determines that a portion of the Agreement is invalid or unenforceable, the remaining portion of the Agreement will remain in full force and effect. The invalid or unenforceable portion should be interpreted as closely as possible (consistent with applicable law) so as to reflect the intention of the original. The following sections of these terms and conditions will 6 V081723 survive the expiration or termination of the Agreement: sections titled"Early Termination Liability,""Payment and Billing," "Equipment," "Installation," "Limitation of Liability and Indemnification," End User Authorizations; End User's Use," "Reset Requirement of Set Top Boxes," "Third-Party Services and Equipment; Off-Net Services," "Dispute Resolution, Governing Law and Arbitration," "IP Addresses," and "General." 7 V081723 Additional Terms of Service Addendum(Business) All defined terms hereunder that are not specifically defined below shall have the same meaning ascribed to them as in your Agreement. 1. Purpose.The purpose of this Addendum is to specify in detail the additional terms and conditions that apply to the Fiber Services.These additional terms of service are part of the Agreement between us so please read them carefully.In the future,if you order additional Fiber Services from us,as they become available,you may be required to execute separate terms and conditions for such services. 2. Suspension of Services. hi the event that we reasonably believe that you are using the Fiber Services for any detrimental or unlawful purpose or in contravention with the terms and provisions of the Agreement,without limiting any of our legal remedies,we may immediately discontinue one or all of your Fiber Services without notice to you or liability.Upon such occurrence any prepaid fees will be forfeited by you.Revocation of service does not relieve you of the obligation to pay any amount due and owing as of the date of termination. 3. Additional Video Service Terms and Conditions.To the extent that you receive any video services from us you agree to the following terms and conditions: a. All video content provided by us is subject to copyright protection and you are not authorized to copy and distribute for sale,or to retransmit any such content. You may also not charge admission for the viewing of our video service.Notwithstanding the foregoing,to the extent permitted by law,you may make personal recordings of video content for your personal use only. b. Other than a standard industry recording device(e.g.a DVR or VCR),you may not install or attach any device to our Equipment that can record and store our video content including,but not limited to,an external computer hard drive.If you have any questions about whether a device is authorized,you are encouraged to call us for clarification. C. If you,or somebody at your residence,order pay-per-view programming from us,you will be obligated to pay for such programming.We recommend that you utilize an access code for ordering pay-per-view programming to prevent accidental and unauthorized orders. If you have questions about how to program an access code please refer to our equipment guide or contact us. d. Ohio Customer Service Standards:Pursuant to Ohio Revised Code 1332.26(D),we shall meet all of the following customer service standards with respect to Services provided to our Ohio video customers:(i)we shall restore video service within seventy-two hours after you report a service interruption or other problem if the cause was not a natural disaster;(ii)Upon a report by you of a service interruption and if the interruption is caused by us and lasts for more than four hours in a given day,we shall give you a credit in the amount of the cost of each such days video service as would be billed to you;(iii)Upon a report by you of a service interruption and if the interruption is not caused by us and lasts for more than twenty-four consecutive hours,we shall give you,for each hour of service interruption,a credit in the amount of the cost of per hour video service as would be billed to you;(iv)We shall give you at least thirty days'advance,written notice before removing a channel from our video service,but no such notice is required if we must remove the channel because of circumstances beyond our control;(v)We shall give you at least ten days'advance,written notice of a disconnection of all or part of your video service,except if any of the following apply: (a)Disconnection has been requested by you;(b)Disconnection is necessary to prevent theft of video service;(c)Disconnection is necessary to prevent the use of video service through fraud;(d)Disconnection is necessary to reduce or prevent signal leakage as described in 47 C.F.R.76.611;(vi)We shall not establish a due date earlier than fourteen days after a video service bill is issued;(vii)We shall not disconnect all or part of your video service for failure of you to pay any amount of its video service bill,until the amount is at least fourteen days past due;(viii)We shall give you at least thirty days'advance,written notice before instituting an increase in video service rates. 4. High Speed Internet Services.To the extent you receive high speed Intemet service from us;you agree to abide the following terms and conditions.These terms and conditions supersede all other High Speed Internet Service terms and conditions in the Agreement. a. As a part of our Internet service,we may provide you with access to free software downloads for things like virus protection,spam filtering and pop up blockers. So long as you are our customer, you have a limited license to use such software for your personal use only. You are prohibited from reverse engineering, copying,or otherwise modifying any of the software code.hi the event you cancel your high speed Internet service with us,you agree to stop using such software and destroy any copies of the software you have made on your computer or otherwise. b. You understand that all speed and throughout levels for our hmtemet services stated in your Agreement are"up to"levels and represent the higher end of the ranges of speed and throughput you can expect to receive from our Internet service.Because there are many factors outside of our control,including,but not limited to,your computer configuration,that may affect the speed of your Internet service,we do not guarantee that our hmtemet service will perform at any speeds or throughput levels. C. If,in our sole judgment,you are uploading and/or downloading a significant amount of data,we reserve the right to impose a reasonable usage based charge and/or change your subscription to a higher Internet service package as a condition of continuing service with us. d. We have promulgated Acceptable User and Privacy Policy Guidelines("AUPP")to govern the use of our Internet services,which are hereby incorporated by reference and made a part of the Agreement.You agree to read and abide by our AUPP.A copy of the AUPP is available on our web page or,if you call our customer service department,we will mail a copy of the AUPP to you. e. You understand and acknowledge that we reserve the right to restrict any content or services that may otherwise be available through your Internet connection if we determine,in our sole judgment,that:(i)such content is illegal;or(ii)our network or business is put at risk by such content. 5. Additional Phone Service Terms and Conditions.To the extent you receive phone service from us;you agree to abide the following terms and conditions.These terms and conditions are in addition to all other phone service terms and conditions in the Agreement. a. You may not use the phone service for any of the following: (i) autodialing or continuous or excessive call forwarding; (ii) fax broadcast or fax blasting; (iii) telemarketing including,without limitation,polling,political solicitation,or charitable solicitation; (iv)unlawful activities; (v)abusive conduct including, without limitation,threatening,harassing or fraudulent behavior; or(vi)any purpose that threatens the safety, security or use of our network or our business including,but not limited to,excessive usage.You may not resell our phone service or equipment. If,in our sole and reasonable judgment,you are excessively using any of our phone service features or packages,including but not limited to unlimited long distance,we reserve the right to require you to subscribe to a higher level phone service package as a requirement of continuing your phone service with us.You agree any applicable long distance rates will be calculated based upon the telephone numbers of the calling and called parties and not necessarily the current physical locations of the calling and called parties. b. Special Provisions Regarding E911 and Other Emergency Services. YOUR VOICE SERVICES INCLUDE 911/ENHANCED 911 (E911)FUNCTIONALITY THAT MAY DIFFER FROM THE 911/E911 FUNCTIONALITY FURNISHED BY OTHER PROVIDERS. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF 911/E911 USING THE COMPANY'S VOICE SERVICES.YOU AGREE TO ADVISE ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER OUR VOICE SERVICES OF THESE LIMITATIONS.You acknowledge that your services are electrically powered and that your voice services, including the ability to access 911/E91I emergency services and building security and medical monitoring services may not operate in the event of an electrical power outage or if your broadband cable connection is disrupted or not operating. The location and address associated with your voice services will be the address identified on the initial service order. You acknowledge that under the terms of this agreement,you are not permitted to move the Company's Equipment(including phones used for the voice services we provide)from the location in which it has been installed. If you do so,you do so in violation of this Agreement and at your own risk.Furthermore,if you move your phone or other Equipment to an address different than that identified on the service order,calls from you to 911 will appear to 911 emergency service operations to be coming from the address identified on the service order and not the new address. We utilize telephone numbers that are assigned in accordance with industry guidelines and are used,in our view,in compliance with applicable law or our processes and procedures.You understand that 911/E91 I may not function if voice services are interrupted for any reason, including but not limited to failure of Company Equipment, a power outage, failure of the Company's network or facilities, network congestion, or suspension or disconnection of your services because of nonpayment.FOR HPBX OR OTHER MULTILINE TELEPHONE SYSTEM CUSTOMERS:You are responsible for reporting and updating your Dispatchable Location information which will be the Registered Location unless moved. Dispatchable Location information may be updated either by contacting us or by utilizing the MetroNet E911 Management Tool.Updates may take 1-2 business days to process.Updates may only be made or requested by Authorized Users. c. You understand that our phone service may be provided under the authority of a telephone tariff filed with your State's Public Utility Commission.Our tariff which contains additional terms and conditions regarding your phone service is hereby incorporated in the Agreement by reference. d. Transfer of Telephone Numbers:You may transfer your phone number(s)to or from us if the other service provider agrees to release or accept the transfer; performs the transfer without delay and without imposing non-industry-standard charges;you request the phone number transfer when you place your order for service;and the transfer of your phone number(s)does not,in our view,violate applicable law or our processes and procedures. 6. Cooperation with Law Enforcement. If, in our sole and reasonable judgment, we believe you are using any of our Fiber Services for an illegal purpose, you acknowledge and agree that we may provide information about your usage to proper legal authorities for investigation and prosecution.You also agree that we may forward information about you and your use of the Fiber Services in response to law enforcement requests, subpoenas, court orders or similar requests when we reasonably determine that the disclosure of such information is appropriate and warranted under the circumstances. 7. Additional Inside Wire and Maintenance Terms and Conditions.If you signed up for our Inside Wire and Maintenance Plan(the"Plan"),you agree to the following terms and conditions: a. Fiber Service.For avoidance of doubt,the Plan is a Fiber Service for purposes of the Agreement. b. Description.You are normally responsible for maintaining any inside wiring installed within your premises.The purpose of the Plan is to provide you protection against damage to the wiring and jacks we install on your behalf subject to the limitations set forth in these terms and conditions. C. Coverage.When you call us to report trouble with a Fiber Service,we will test to determine the origin of the problem.If we determine that the problem is coming from the inside wiring we installed within your premises,subject to the limitations in these terms and conditions,we will repair or replace the defective wiring and/or jacks at no cost to you.If we determine that the problem is coming from any other source within your premises including,but not limited to,your equipment or wiring you installed,we reserve the right to charge you for any work we perform on your behalf to fix the problem. d. Exceptions to Coverage.The following are excluded and not a part of the Plan:(i)any damage caused by an"Act of God"(earthquake,flood,acts of war, fire,lightning,wind or fire);(ii)gross or intentional damage caused by you to the inside wiring;(iii)damage to our Equipment;(iv)any wiring you install;(v) repair or replacement of any of your equipment;(vi)repair or replacement of wires or jacks that we cannot access;(vii)any wiring issues that existed prior to the date we installed the Fiber Services at your premises;(viii)problems occurring in any horizontal or vertical risers owned by another party. 8. Additional Set Top Maintenance Plan Terms and Conditions.If you signed up for our Set Top Maintenance Plan(the"Set Top Plan"),you agree to the following terms and conditions: a. Fiber Service.For avoidance of doubt,the Set Top Plan is a Fiber Service for purposes of the Agreement. b. Description. Per your Agreement with us, you are normally responsible for any damage caused to a set top box or DVR unit we provide to you while in your possession regardless of cause.The purpose of the Set Top Plan is to provide you protection against any accidental damage caused to a set top box or DVR. C. Coverage. If you experience an issue with your DVR or set top box,you will bring that Equipment in to our store location. We will examine the Equipment and determine the cause of issue.If we determine the issue was caused,in our reasonable estimation,by normal wear and tear,a manufacturing or software defect, or by an accident,we will replace the set top box or DVR at no charge to you. d. Exceptions to Coverage.The following are excluded and not a part of the Set Top Plan:(i)any intentional damage to the Equipment;(ii)any damage caused by misuse or gross neglect(more than three claims in a 12 month period will be considered to be misuse);(iii)theft of the Equipment;(iv)damage caused to any of your other equipment. 9. Business Managed Router Plan Terms and Conditions.If you signed up for our Business Managed Router Plan(the"BMRP"),you agree to the following terms and conditions: a. Fiber Service and Equipment.For avoidance of doubt,the BMRP is a Fiber Service for purposes of the Agreement.The Business Managed Router is Equipment owned by Metronet for purposes of the Agreement,and upon termination of the BMRP,must be returned to Metronet in good condition,reasonable wear and tear excepted. b. Description. You are normally responsible for purchasing and maintaining the router you use in connection with the Fiber Services. Subject to the limitations set forth in these terms and conditions,under the BMRP,we will:install a router;install cable from the optical network terminal(ONT)to the router(installation of cable from the router to equipment or devices is not included);provide Wi-Fi and guest Wi-Fi passwords;assist in connecting up to 20 compatible Wi-Fi devices and up to 4 hardwired devices to the router(reconfiguration of devices is not included);provide training on basic router troubleshooting;provide on-going remote router support,and if determined by Metronet to be necessary,provide on-site router support during normal business hours. On-site support is subject to scheduling and availability;if scheduled outside of normal business hours,additional charges may apply. C. Coverage.When you call us to report trouble with a Business Managed Router,we will determine the origin of the problem.If we determine that the problem is coming from the Business Managed Router we own and installed within your premises,subject to the limitations in these terms and conditions,we will repair or replace the defective Business Managed Router at no cost to you.If we determine that the problem is coming from any other source including,but not limited to,your equipment,devices or wiring you installed,we reserve the right to charge you for any work we perform on your behalf to fix the problem.Metronet will assist you free of charge at your request:with basic ongoing Business Managed Router maintenance;in adding new compatible Wi-Fi or hardwired devices to the Business Managed Router(computers only,networked scanners,printers,etc.are not covered;assistance connecting devices to any guest network not included);and,in re- setting passwords. d. Exceptions to Coverage.The following are excluded and not a part of the BMRP:(i)maintenance,support,repair or replacement arising out of or caused by an"Act of God"(earthquake,flood,acts of war,fire,lightning,wind or fire);(ii)maintenance,support,repair or replacement arising out of or caused by your gross negligence or intentional misconduct;(iii)maintenance,support,repair or replacement of any wiring(other than wiring or cable between the ONT and the Business Managed Router);(iv)theft of the Business Managed Router(v)maintenance,support,repair or replacement of any of your property(including switches and jacks), equipment or devices;(vi)maintenance,support,repair or replacement arising out of or caused by your property,equipment or devices;(vii)maintenance,support, repair or replacement not directly associated with the Business Managed Router.Wi-Fi networks have security weaknesses,are susceptible to attacks that can compromise your information and are not guaranteed to be secure.You hereby acknowledge the risks and assume all responsibility for them.We disclaim all liability for security-related risks and incidents of every nature and kind. METRONET THE POWER OF FIBER