Common use of Changes to Services Clause in Contracts

Changes to Services. (a) Subject to applicable law and any express exceptions that we agree to in writing when you subscribe to a Service, the Company may, at any time and periodically: (i) Institute new or increase or otherwise change fees and charges for the Service; (ii) Modify, supplement or replace the terms, policies, practices and procedures relevant to the Service; (iii) Make changes affecting equipment or software; (iv) Institute new or change the features, functionalities, characteristics and specifications of the Service, including by instituting or changing limits and restrictions that affect Service features and functionality, such as changing upstream or downstream speed or calling features, limiting the number and storage capacity of e-mail accounts, limiting usage of bandwidth or other resources or imposing additional charges if limits are exceeded; and changing the number, kinds or parameters of included features or services, such as the number of minutes or other measures of long distance or international calls, if any, included in a calling plan or other level of telephony service or the amount of bandwidth that may be used in a given level of Internet access service; (v) Make any other change relating to any Service contemplated or not expressly prohibited by your Agreement or applicable law. (b) The Company will give Customer at least thirty (30) days’ advance notice of any such changes that materially adversely affect Customer’s rights or obligations under your Agreement, except that shorter advance notice or no notice may be given if the Company believes that the Company or the Service might be adversely affected if longer notice were given. (c) SUBJECT TO ANY EXPRESS EXCEPTION REFERRED TO ABOVE, CONTINUED USE OF THE SERVICE 30 DAYS FOLLOWING NOTICE OF ANY SUCH CHANGE WILL BE DEEMED YOUR ACCEPTANCE OF THAT CHANGE. IF YOU DO NOT FIND THE CHANGE ACCEPTABLE, YOU MUST IMMEDIATELY STOP USING THE SERVICE AND NOTIFY THE COMPANY THAT YOU ARE TERMINATING YOUR APPLICABLE AGREEMENT IN ACCORDANCE WITH ITS TERMS. (d) Without limiting the generality of the foregoing, the Company makes no guarantee or promise that all television programming that may be part of any Service at any time will continue to be included. The Company may rearrange, add, delete, change the format of or otherwise change the networks, programs or other components of any Video Service. We may do so without notice or consent, except as mandated by law. In addition, certain programming, including sports events, may be "blacked out" in your area as required by law or for other reasons. The availability of one or more programs, networks, channels, websites or other content or resource may be permanently or temporarily interrupted because of weather, a dispute with a third party, inability to obtain rights, or some other reason. (e) If you receive a Service under a promotion or fixed-term commitment with a set price for some specified period of time, we may modify the price only if and to the extent allowed by the terms of the promotion or commitment, but you will be subject to changes of the other kinds described above. (f) Any required or voluntary notice of any changes may be given by a posting at our website listed at the end of this document (or another web location of which you are informed) or via e-mail, postal mail or another appropriate means. You are responsible for periodically checking our website for any changes.

Changes to Services. (a) Subject to applicable law Any of the Chesapeake Entities, on the one hand, and any express exceptions that we agree to in writing when you subscribe to a Service, the Company Group, on the other hand, may, at any time and periodically: time, request in writing to make changes in or additions to the Services (ia “Requested Change”). Within ten (10) Institute new or increase or otherwise change Business Days after a Requested Change is issued by such Party, the Chesapeake Entities shall provide the Company Group with a written statement identifying the impact of such Requested Change on the Services, including the impact (if any) to the fees and charges for the Service; (ii) Modify, supplement or replace the terms, policies, practices and procedures relevant to the Service; (iii) Make changes affecting equipment or software; (iv) Institute new or change the features, functionalities, characteristics and specifications of the Service, including by instituting or changing limits and restrictions that affect Service features and functionality, such as changing upstream or downstream speed or calling features, limiting the number and storage capacity of e-mail accounts, limiting usage of bandwidth or other resources or imposing additional charges if limits are exceeded; and changing the number, kinds or parameters of included features or services, such as the number of minutes or other measures of long distance or international calls, if any, included in a calling plan or other level of telephony service or the amount of bandwidth that may be used in a given level of Internet access service; (v) Make any other change relating to any Service contemplated or not expressly prohibited by your Agreement or applicable lawaffected provision of this Agreement. (b) The Company will give Customer at least thirty (30) days’ advance notice of any such changes that materially adversely affect Customer’s rights or obligations under your Agreement, except that shorter advance notice or no notice may be given if Consent by the Chesapeake Entities to a Requested Change issued by the Company believes Group will not be unreasonably withheld, conditioned or delayed. For the purposes of the preceding sentence, the Parties agree that it is not unreasonable for the Chesapeake Entities to: (i) withhold such consent to the extent that such proposed Requested Change would materially increase the resources provided by the Chesapeake Entities after giving effect to the Requested Change, or (ii) condition such consent on the Company or the Service might be adversely affected if longer notice were givenagreeing to bear any increases in Chesapeake Entities’ cost of performance resulting from such Requested Change. (c) SUBJECT TO ANY EXPRESS EXCEPTION REFERRED TO ABOVEConsent by the Company Group to a Requested Change issued by the Chesapeake Entities will not be unreasonably withheld, CONTINUED USE OF THE SERVICE 30 DAYS FOLLOWING NOTICE OF ANY SUCH CHANGE WILL BE DEEMED YOUR ACCEPTANCE OF THAT CHANGEconditioned or delayed. IF YOU DO NOT FIND THE CHANGE ACCEPTABLEFor the purposes of the preceding sentence, YOU MUST IMMEDIATELY STOP USING THE SERVICE AND NOTIFY THE COMPANY THAT YOU ARE TERMINATING YOUR APPLICABLE AGREEMENT IN ACCORDANCE WITH ITS TERMSthe Parties agree that it is not unreasonable for the Company Group to: (i) withhold such consent to the extent that such Requested Change would materially decrease the resources provided by the Chesapeake Entities or otherwise materially adversely affect the Chesapeake Entities’ performance of the Services, or (ii) condition such consent on the Chesapeake Entities agreeing (A) to reimburse the Company Group for any costs and expenses incurred by it in implementing the Requested Change, and (B) not to pass to the Company Group any increases in the Chesapeake Entities’ cost of performance resulting from such Requested Change. (d) Without limiting If the generality of Chesapeake Entities, on the foregoingone hand, and the Company makes no guarantee or promise that all television programming that may Group, on the other hand, agree on an equitable adjustment to this Agreement as a result of such Requested Change, then the Parties shall sign a mutually agreed amendment setting forth the effect of such Requested Change to this Agreement before any Party shall be part required to perform such Requested Change. If the Chesapeake Entities, on the one hand, and the Company Group, on the other hand, are unable to agree on an equitable adjustment to the Agreement as a result of any Service at any time will such Requested Change, then the Parties shall continue to be included. The Company may rearrange, add, delete, change the format of or otherwise change the networks, programs or other components of any Video Service. We may do so without notice or consent, except perform their obligations as mandated by law. In addition, certain programming, including sports events, may be "blacked out" in your area as required by law or for other reasons. The availability of one or more programs, networks, channels, websites or other content or resource may be permanently or temporarily interrupted because of weather, a dispute with a third party, inability to obtain rights, or some other reasonprovided under this Agreement. (e) If you receive a Service under a promotion or fixed-term commitment with a set price for some specified period of time, we may modify the price only if and to the extent allowed by the terms of the promotion or commitment, but you will be subject to changes of the other kinds described above. (f) Any required or voluntary notice of any changes may be given by a posting at our website listed at the end of this document (or another web location of which you are informed) or via e-mail, postal mail or another appropriate means. You are responsible for periodically checking our website for any changes.

Changes to Services. (a) Subject to applicable law and any express exceptions that we agree to in writing when you subscribe to a Service, the Company may, at any time and periodically: (i) Institute new or increase or otherwise change fees and charges for the Service; (ii) Modify, supplement or replace the terms, policies, practices and procedures relevant to the Service; (iii) Make changes affecting equipment or software; (iv) Institute new or change the features, functionalities, characteristics and specifications of the Service, including by instituting or changing limits and restrictions that affect Service features and functionality, such as changing upstream or downstream speed or calling features, limiting the number and storage capacity of e-mail accounts, limiting usage of bandwidth or other resources or imposing additional charges if limits are exceeded; and changing the number, kinds or parameters of included features or services, such as the number of minutes or other measures of long distance or international calls, if any, included in a calling plan or other level of telephony service or the amount of bandwidth that may be used in a given level of Internet access service;other (v) Make any other change relating to any Service contemplated or not expressly prohibited by your Agreement or applicable law. (b) The Company will give Customer at least thirty (30) days’ advance notice of any such changes that materially adversely affect Customer’s rights or obligations under your Agreement, except that shorter advance notice or no notice may be given if the Company believes that the Company or the Service might be adversely affected if longer notice were given. (c) SUBJECT TO ANY EXPRESS EXCEPTION REFERRED TO ABOVE, CONTINUED USE OF THE SERVICE 30 DAYS FOLLOWING NOTICE OF ANY SUCH CHANGE WILL BE DEEMED YOUR ACCEPTANCE OF THAT CHANGE. IF YOU DO NOT FIND THE CHANGE ACCEPTABLE, YOU MUST IMMEDIATELY STOP USING THE SERVICE AND NOTIFY THE COMPANY THAT YOU ARE TERMINATING YOUR APPLICABLE AGREEMENT IN ACCORDANCE WITH ITS TERMS. (d) Without limiting the generality of the foregoing, the Company makes no guarantee or promise that all television programming that may be part of any Service at any time will continue to be included. The Company may rearrange, add, delete, change the format of or otherwise change the networks, programs or other components of any Video Service. We may do so without notice or consent, except as mandated by law. In addition, certain programming, including sports events, may be "blacked out" in your area as required by law or for other reasons. The availability of one or more programs, networks, channels, websites or other content or resource may be permanently or temporarily interrupted because of weather, a dispute with a third party, inability to obtain rights, or some other reason. (e) If you receive a Service under a promotion or fixed-term commitment with a set price for some specified period of time, we may modify the price only if and to the extent allowed by the terms of the promotion or commitment, but you will be subject to changes of the other kinds described above. (f) Any required or voluntary notice of any changes may be given by a posting at our website listed at the end of this document (or another web location of which you are informed) or via e-mail, postal mail or another appropriate means. You are responsible for periodically checking our website for any changes.

Changes to Services. Although any service provided by Rhythms is subject to its business policies, practices, and procedures (a) Subject which Rhythms reserves the right to applicable law and any express exceptions that we agree to in writing when you subscribe to a Service, the Company may, change at any time and periodically: (i) Institute new or increase or otherwise from time to time in its sole discretion), Rhythms will not materially adversely change fees and charges for the Service; (ii) Modify, supplement or replace the terms, policies, practices and procedures relevant ESS service provided to the Service; Company hereunder except upon sixty (iii60) Make changes affecting equipment or software; days prior written notice to the Company (iv) Institute new or a "Notice of Change"). Upon delivery of notice of a material adverse change to any service, Rhythms shall promptly notify the features, functionalities, characteristics and specifications Company of the Service, including by instituting or changing limits and restrictions that affect Service features and functionality, such as changing upstream or downstream speed or calling features, limiting the number and storage capacity of e-mail accounts, limiting usage of bandwidth or other resources or imposing additional charges if limits are exceeded; and changing the number, kinds or parameters of included features or services, such as the number of minutes remote access endpoints that will be affected by such change (the "Affected Remote Access Endpoints") and the then existing remaining duration of each such Affected Remote Access Endpoint's ESS service (excluding elective extensions) subject to such changes (the "Affected Duration"). Rhythms shall have the option to either continue to provide the existing ESS service to the Affected Remote Access Endpoints during the Affected Duration or other measures of long distance to upgrade or international calls, if any, included in a calling plan or other level of telephony enhance the service or to an Affected Remote Access Endpoint for the amount of bandwidth that may be used in a given level of Internet access service; (v) Make any other change relating to any Service contemplated or not expressly prohibited by your Agreement or applicable law. (b) The Company will give Customer Affected Duration at least thirty (30) days’ advance notice Rhythms' sole cost and election. Upon receipt of any such changes Notice of Change, the Company shall not thereafter be entitled to submit orders for any services that are materially adversely affect Customer’s rights or obligations under your Agreementchanged by Rhythms except as specified in the Notice of Change. Except as set forth herein, except that shorter advance notice or no notice may be given if the Company believes that otherwise elects to continue to use ESS service or any other affected services after receiving a Notice of Change, those changes will apply to the Company commencing on the 60th day after the date it receives the Notice of Change. Rhythms shall exercise commercially reasonable efforts to avoid service degradation, interruption or material cost to the Company or the Service might be adversely affected if longer any Affected Remote Access Endpoints as a result of such material adverse changes in ESS service for a period of sixty (60) days after notice were given. (c) SUBJECT TO ANY EXPRESS EXCEPTION REFERRED TO ABOVE, CONTINUED USE OF THE SERVICE 30 DAYS FOLLOWING NOTICE OF ANY SUCH CHANGE WILL BE DEEMED YOUR ACCEPTANCE OF THAT CHANGE. IF YOU DO NOT FIND THE CHANGE ACCEPTABLE, YOU MUST IMMEDIATELY STOP USING THE SERVICE AND NOTIFY THE COMPANY THAT YOU ARE TERMINATING YOUR APPLICABLE AGREEMENT IN ACCORDANCE WITH ITS TERMS. (d) Without limiting the generality of the foregoing, to the Company makes no guarantee of such actual or promise that all television programming that may be part of any Service at any time will continue to be included. The Company may rearrange, add, delete, change the format of or otherwise change the networks, programs or other components of any Video Service. We may do so without notice or consent, except as mandated by lawproposed changes in ESS service. In addition, certain programmingRhythms reserves the right in its sole discretion to change, including sports eventsreplace, may be "blacked out" upgrade or otherwise modify any aspect of (a) the ESS service (including, without limitation, the Equipment), or (b) any procedures or requirements relating to the ordering or provisioning of ESS service under this Agreement, in your area as required by law or for other reasons. The availability of one or more programs, networks, channels, websites response to further technological or other content business applications or resource may be permanently developments; provided, however, that any such changes, replacements, upgrades or temporarily interrupted because of weather, a dispute with a third party, inability modifications shall not result in any adverse effect upon the ESS service being supplied to obtain rights, or some other reasonCompany pursuant to this Agreement. (e) If you receive a Service under a promotion or fixed-term commitment with a set price for some specified period of time, we may modify the price only if and to the extent allowed by the terms of the promotion or commitment, but you will be subject to changes of the other kinds described above. (f) Any required or voluntary notice of any changes may be given by a posting at our website listed at the end of this document (or another web location of which you are informed) or via e-mail, postal mail or another appropriate means. You are responsible for periodically checking our website for any changes.