Common use of CUSTOMER INSTALLATION Clause in Contracts

CUSTOMER INSTALLATION. (a) Subject to Section 1.1 and Sections 6.2(c), TWC will be responsible for and provide all Installation Services, if any, to successfully allow each Service Subscriber to access and use the EarthLink High-Speed Service through a Device, regardless of which Party completes the sale. (b) The Party completing the sale for the applicable EarthLink High-Speed Service will decide whether and how much to charge the Service Subscriber for an installation fee, set-up fee or other upfront fee or charge, it being understood that there is no requirement to assess such a fee or charge. TWC hereby acknowledges and agrees that it shall not assess an installation fee to Service Subscribers if TWC does not assess an installation fee to similarly situated Road Runner customers. For Service Subscribers sold by EarthLink, EarthLink shall pay TWC, within thirty (30) days of the end of the calendar month in which an installation fee, set-up fee or other upfront fee or charge is charged by EarthLink, an amount equal to fifty percent (50%) of the amount charged, whether payable as a lump sum or otherwise. (c) TWC and EarthLink will work together toward achieving self- provisioning by Service Subscribers, and to implement self-provisioning in accordance with TWC’s generally applicable requirements regarding protection of the System Facilities as soon as available. TWC shall make all decisions regarding implementation in its reasonable business judgment; provided that TWC shall not make such decisions based upon whether a particular high-speed service customer is a Service Subscriber or a customer of another Online Provider or Road Runner. The Parties will work together toward the goal of achieving seamless self-provisioning. (d) If EarthLink or its third party installer provides any installation services for Devices or otherwise provides services that include any contact with the System Facilities, EarthLink will indemnify TWC for all damages, costs and expenses incurred by TWC resulting therefrom, including but not limited to repair of the System Facilities and fines or fees payable to the FCC for signal leakage violations.