Upon completing provisioning, installation and testing of the Arrow Facilities needed to provide services ordered by Customer, Arrow will notify Customer that the Services are available for Customer’s use. The Services may be subject to a Monthly Recurring Charge (“MRC”) as set forth in the applicable Service Order. Arrow reserves the right to change the MRC for such services at any time, after the initial term thereof upon 45 days prior written notice to Customer. Arrow’s fees for Services (including MRC) do not include any governmental taxes or tax- related charges, fees, surcharges, or other amounts assessed by any government, which may be incurred in connection with services to be provided hereunder, all of which shall be paid by Customer. Any installation charges or other non-refundable Non-Recurring Charge (“NRC”) to be billed one time will appear on the first monthly invoice. Arrow reserves the right to recover any additional installation or activation charges accrued during installation. Any payment not received within thirty (30) days of the invoice date will accrue interest at a rate of one and one-half percent (1.5%) per month, or the highest rate allowed by applicable law, whichever is lower.

Equipment

16.1. Access to Customer Premises and Equipment: Customer shall provide Arrow with reasonable access to Customer’s premises, internal wiring, CPE, and other facilities and equipment to allow Arrow to install, maintain and repair Customer’s service, as reasonable and necessary. With respect to any installation, Arrow reserves the right to bill Customer a $250.00 fee for each missed scheduled appointment date. Should Arrow repeatedly be unable to access the Customer’s premises for required installation and service, Arrow reserves the right to cancel the service request. Arrow is not responsible for any delays that impede the Customer’s ability to use the installed service, including but not limited to delays requested by Customer or caused by a third party or delays incurred because of problems connecting the installed service to Customer’s LAN, PBX, or other CPE by Customer or a third party.

16.2. Arrow Provided Customer Premise Equipment: Equipment may be provided for rent or purchase by Arrow Resources, an affiliate of Arrow or as service associated with one of Arrow’s underlying carrier partners. All equipment charges will be combined with service charges in Customer’s monthly invoice generated by Arrow.

(a) Equipment Rental: Rental equipment is the property of Arrow. Rented equipment is for normal business use only. Arrow will repair or replace all rented equipment that has not been damaged or worn due to excessive use or abuse. The customer must contact Arrow repair via our customer portal accessed through our web site at www.arrownetworks.com to describe the repair issue and to receive instructions regarding the return and replacement of the equipment. The customer will be billed for any equipment that has been damaged or abused beyond normal use or that was lost or stolen from their premises. The specific method of calculation will depend on the relevant facts but, in general, Arrow will calculate the value of such equipment using the “replacement cost” method meaning calculating what it would cost Arrow to replace such equipment considering the age and useful life of such equipment.

(b) Equipment Purchase: All equipment purchased by Customer from Arrow Resources and billed by Arrow, will remain Customer’s property upon the expiration of the Agreement. The Customer will be billed for equipment purchases once the equipment has been shipped to the customer. All purchased equipment has a 1- year manufacturer’s warranty. Upon warranty expiration, the customer is responsible for either repairing or purchasing replacement equipment.

(c) Arrow Property: Arrow equipment and the equipment of Arrow’s underlying carriers will remain the sole and exclusive property of Arrow, its underlying carriers, or Arrow’s assignee, as may be applicable. Customer will not tamper with, remove, or conceal any Arrow equipment, identifying plates, tags, or labels. Customer will indemnify, hold harmless and defend Arrow and its underlying carriers against any liens placed on Arrow equipment or the equipment of Arrow’s underlying carriers due to Customer’s action or inaction. Any lien will be discharged by Customer within ten (10) days of notice of filing. Failure to discharge any such lien is a material breach of this Agreement and may result in immediate termination. Arrow reserves the right to substitute, change or rearrange any equipment used in delivering services that does not affect the quality, cost, or type of services.

(d) Property to be Returned Upon Termination: When any service provided under the Agreement is terminated, all public IP Addresses assigned by Arrow to Customer that are associated with the Agreement’s services being terminated shall revert back to Arrow, and Customer shall return all Arrow property or the property of Arrow’s underlying carriers (including but not limited to Arrow routers, switches, equipment, facilities and software) to Arrow that is associated with the Agreement service being terminated. If the property is not returned and received within sixty (60) days of the service termination date, Arrow will bill Customer for the non-returned property within two (2) monthly billing cycles following the service termination date, which Customer shall pay in full, within thirty (30) days of receipt of such bill.

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