MAS - Crown Castle Fiber LLC - GS35F465DA

i

General Services Administration Federal Supply Service

Authorized Federal Supply Schedule FSS Price List On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA-Advantage!TM, a menu-driven database system. The Internet address for GSA-Advantage!TM is:

http://www.gsaadvantage.gov

Multiple Award Schedule Federal Supply Group: Information Technology

Contract Number: GS-35F-465DA

For more information on ordering from Federal Supply Schedules go to the GSA Schedules page at https://www.gsa.gov/schedules.

Contract Period: August 18, 2021 – August 17, 2026

Crown Castle Fiber LLC 1220 Augusta Drive, Suite 600

Houston, Texas 77057-6801 Telephone: 408-468-5517

Fax: 781-932-6490 www.crowncastle.com

Contract Administrator: Elisabeth A. Lee Telephone: 303-668-1162 / Fax: 617-848-3226 gsa-contract-notices@crowncastle.com

Business Size/Status: Other than Small Business

Prices shown herein are NET (discount deducted).

Pricelist current through modification #PO-0039 dated May 12, 2025 http://www.gsaadvantage.gov/ http://www.gsa.gov/schedules http://www.crowncastle.com/ mailto:gsa-contract-notices@crowncastle.com i

State & Local Purchasing Programs

Section 211 of the E‐Government Act of 2002 (the Act) amended the Federal Property and Administrative Services Act to allow for "Cooperative Purchasing." Cooperative Purchasing allows for the Administrator of General Services to provide states and localities access to certain items offered through the General Services Administration's (GSA's) Federal Supply Schedule 70, Information Technology (IT) Schedule contract. The information technology available to state and local governments includes automated data processing equipment (including firmware), software, supplies, support equipment, and services.

Disaster Recovery Purchasing Program (RC) Section 833 of the National Defense Authorization Act allows state and local governments to purchase products and services to facilitate recovery from a major disaster. This includes advance and pre‐positioning in preparation for a disaster.

Federal Grants During Public Health Emergencies Section 319 of Public Health and Services Act

TABLE OF CONTENTS

GENERAL CONTRACT INFORMATION

PRODUCT PRICING

GSA NEGOTIATED MASTER SERVICE AGREEMENT FOR SIN 54151ECOM

GENERAL CONTRACT

INFORMATION

1a. Table of Awarded Special Item Numbers (SINs):

Please refer to GSA eLibrary (www.gsaelibrary.gsa.gov) for detailed SIN descriptions

SINs Recovery SIN Title

54151ECOM 54151ECOMRC

54151ECOMSTLOC

Electronic Commerce and Subscription Services

OLM OLMSTLOC

OLMRC

Order-Level Materials (OLM’s)

1b. Lowest Priced Model Number:

Please refer to our rates on page #5

1c. Labor Category Descriptions: N/A

2. Maximum Order: 54151ECOM: $500,000

3. Minimum Order: 100

4. Geographic Coverage: Domestic Only

5. Point (s) of Production: Same as Contractor Address

6. Discount from List Price: All Prices Herein are Net

7a. Quantity Discounts:

7b. Volume Discounts:

7c. Renewal Discounts:

Not Applicable

In the event that the total monthly recurring charges paid to Crown Castle by a single customer under the GSA Schedule Task Order is greater than or equal to $50,000 at the time Crown Castle and the customer enter into a new agreement for additional services, the applicable new service fee for that additional service shall be reduced by 5% during the initial term of such new service order.

In the event that a customer purchasing a service under GSA MAS Schedule renews a service for a renewal term of 36 months or longer, the monthly recurring charge for the renewal service will be 2% lower than the monthly recurring charge for the initial service (i.e. the monthly recurring charge for the expiring service term).

8. Prompt Payment Terms: Information for Ordering Offices:

Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions

Net 30 days

9. Foreign Items: None

10a. Time of Delivery: Contact Contractor

10b. Expedited Delivery: Contact Contractor

10c. Overnight and 2-Day Delivery: Not Applicable

10d. Urgent Requirement: Contact Contractor

11. F.O.B. Point(s): Destination

12a. Ordering Address: Same as Contractor Address http://www.gsaelibrary.gsa.gov/

12b. Ordering procedures: See Federal Acquisition Regulation (FAR) 8.405-3.

13. Payment Address:

Same as Contractor

14. Warranty Provision: See Master Service Agreement on Page

15. Export Packing Charges: Not Applicable

16. Terms and conditions of rental, maintenance, and repair:

17. Terms and conditions of installation (if applicable): Not Applicable

18a. Terms and conditions of repair parts indicating date of parts, price lists and any discounts from list prices (if applicable):

18b. Terms and conditions for any other services

(if applicable):

19. List of service and distribution points

(if applicable):

20. List of participating dealers (if applicable): Not Applicable

21. Preventative maintenance (if applicable) Not Applicable

22a. Special attributes such as environmental attributes

(e.g., recycled content, energy efficiency, and/or reduced pollutants.):

22b. If Applicable, indicate that Section 508 compliance information is available on Information and Communications Technology (ICT) products and services offered and show where full details can be found (e.g. contractor’s website or other location.)

ICT accessibility standards can be found at:

www.Section508.gov/

Contact Contractor

23. Unique Entity Identifier (UEI) number: LYMMRYHULW63

24. Notification regarding registration in System for Award Management (SAM) database. Crown Castle Fiber LLC, is registered and active in SAM.

http://www.section508.gov/

SIN Manufacturer Name Part Number Product Name Term UOI GSA Price

54151ECOM Crown Castle Fiber, LLC 14794 E-Line Install 36 Month Term Monthly Recurring Cost $ - 54151ECOM Crown Castle Fiber, LLC 14868 E-LAN Install 36 Month Term Monthly Recurring Cost $ - 54151ECOM Crown Castle Fiber, LLC 14942 EVPL Install 36 Month Term Monthly Recurring Cost $ - 54151ECOM Crown Castle Fiber, LLC 15016 E-Line Install 60 Month Term Monthly Recurring Cost $ - 54151ECOM Crown Castle Fiber, LLC 15090 E-LAN Install 60 Month Term Monthly Recurring Cost $ - 54151ECOM Crown Castle Fiber, LLC 15164 EVPL Install 60 Month Term Monthly Recurring Cost $ -

54151ECOM PRODUCT PRICING

GSA NEGOTIATED MASTER SERVICE AGREEMENT FOR SIN 54151ECOM

Master Services Agreement Rev. 5/2015

MASTER SERVICE AGREEMENT

CUSTOMER:

This MASTER SERVICE AGREEMENT is effective as of the last date of execution below (“Effective Date”) by and between CROWN CASTLE FIBER LLC (“Provider”), and Customer (as named above). This Master Service Agreement, the General Terms and Conditions below, and any and all Supplements (as defined herein) and exhibits to this Master Service Agreement are collectively referred to as the “Agreement”. Provider and Customer are collectively referred to as the “Parties” or individually as a “Party”.

GENERAL TERMS AND CONDITIONS

1. SERVICES, SERVICE ORDERS, AND SUPPLEMENTS.

1.1 Services and Service Orders. This Agreement applies to each service provided by Provider to Customer (each a “Service”). Each Service will be specified in a service order executed by the Parties (each a “Service Order”). Standard terms of Purchase orders issued by Customer shall not be deemed to amend, modify or supplement this Agreement or any Service Order issued hereunder and shall not be legally binding on Provider unless otherwise agreed in writing by Provider. Specific, negotiated terms of purchase orders, however, shall amend, modify, or supplement, as applicable, this Agreement or any Service Order issued hereunder.

1.2 Supplements. From time to time, the Parties may execute one or more supplements to these General Terms and Conditions each containing additional terms and conditions applicable to specific types of Services (each a “Supplement”). Upon execution by the Parties, each such Supplement shall be incorporated into and subject to the terms and conditions set forth in this Master Service Agreement.

1.3 Provider Affiliates. At Provider’s option, Services may be provided by Provider, or by an Affiliate of Provider. In addition, Service Orders may be executed by an Affiliate of Provider, and in such event, any and all references to “Provider” herein shall be deemed to be a reference to the applicable Affiliate of Provider that executed such Service Order. The term “Affiliate” as used hereunder shall mean, with respect to either Party, any entity controlled by, in control of, or under common control with such Party.

2. TERM.

2.1 Agreement Term. The term of this Agreement commences on the Effective Date, and continues through the later of (i) five (5) years from Effective Date, or (ii) latest expiration of active Service Orders, unless earlier terminated as provided herein.

2.2 Service Term. The term (each a “Service Term”) for each Service begins on the Acceptance Date (as defined below) applicable to such Service, and remains in effect until the expiration of the initial Service Term specified in the applicable Service Order.

2.3 Acceptance Date. The “Acceptance Date” for each Service shall be the date on which Customer delivers a written Task Order to Provider. . A “Defect” exists if the Service fails to perform materially in accordance with its technical specifications as set forth in the applicable Supplement (“Specifications”). Upon receipt of notice of a Defect, Provider and Customer shall work cooperatively to promptly remedy such Defect, and Provider shall deliver another Connection Notice, whereupon the process described in the first sentence of this Section shall apply again.

3. PAYMENT TERMS.

3.1 Charges. Provider will invoice Customer for any non-recurring charge (“NRC”) associated with the Service upon or after execution of the applicable Service Order. The monthly-recurring charge (“MRC”) to the extent permitted by law and regulation associated with the Service shall begin to accrue on the Acceptance Date of such Service. Provider will invoice Customer the MRC associated with the Service, and Provider will invoice Customer usage based charges (if any) associated with the Service in arrears. An MRC for a partial month will be pro-rated. Customer shall be responsible for payment of the MRC for the entire Service Term specified in the applicable Service Order, including termination liability as provided under FAR 52.241-10.

3.2. Payments; Late Payments. Customer shall pay each invoice within thirty (30) days of the date of the invoice (the “Due Date”), without setoff or deduction. Late payment interest shall be governed by 31 USC §3324 and 5 CFR §1315.

4. TAXES AND FEES. Provider shall state separately on invoices taxes excluded from the fees, and the Customer agrees either to pay the amount of the taxes (based on the current value of the equipment) to you or provide evidence necessary to sustain an exemption, in accordance with FAR 52.229-1 and FAR 52.229-3. Customer shall not be responsible for, and Taxes will not include, taxes on Provider’s net income. Provider shall state separately on its invoices taxes excluded from the fees, and the Customer agrees either to pay the amount of taxes (based on the current value of the equipment) to the contractor or provide evidence necessary to sustain an exemption, in accordance with FAR 52.229-1 and FAR 52.229-3.

5. PROVIDER EQUIPMENT AND NETWORK; CUSTOMER EQUIPMENT.

5.1 Provider Equipment; Provider Network. The telecommunications devices, apparatus and associated equipment owned, leased, or otherwise obtained by Provider to provide Services (“Provider Equipment”) and Provider’s fiber optic cable network and associated optical/electronic equipment used to deliver Services, whether owned, leased or otherwise obtained by Provider (the “Provider Network”) shall remain the sole and exclusive property of Provider notwithstanding that it may be or become attached or affixed to real property, and nothing contained herein or in any Service Order grants or conveys to Customer any right, title or interest in any Provider Equipment or the Provider Network. Customer may not, and may not permit others to, alter, adjust, encumber, tamper, repair, rearrange, change, remove, relocate, or damage any Provider Equipment or the Provider Network without the prior written consent of Provider. Customer may not cause any liens to be placed on any Provider Equipment or the Provider Network, and will cause any such liens to be removed within ten (10) days of Customer’s knowledge thereof. Nothing herein shall prevent Provider from using the Provider Network and Provider Equipment to provide service to other customers.

5.2 Extension of Network. To the extent a Service Order requires Provider to complete construction, extend the Provider Network and/or obtain additional Underlying Rights, Customer shall use commercially reasonable efforts to assist Provider in obtaining such Underlying Rights as necessary to provide the Service. Provider may, without liability to either Party, terminate a Service prior to delivery, if Provider encounters unexpected construction costs, or unavailability of or excess costs for Underlying Rights, that make the construction economically or legally unfeasible. Without limiting the foregoing, Provider shall not be deemed to be in breach of this Agreement for its failure to meet any anticipated Service installation or delivery date if such failure is caused, in whole or in part, by (i) excusable delays, as defined in Federal Acquisition Regulation (FAR) 52.212-4(f), (ii) failure to obtain, or delay in obtaining, any required Underlying Rights,

(iii) construction delays, or (iv) any other circumstances beyond the control of Provider. “Underlying Rights” means any and all agreements, licenses, conduit use agreements, pole attachment agreements, leases, easements, building access rights, rights-of-way, franchises, permits, governmental and regulatory approvals and authorizations, and other rights, consents, and approvals that are necessary to construct, install, maintain, operate, and repair the Provider Network and/or for Provider to provide a Service. Without limiting the foregoing, Underlying Rights include agreements for Off-Net Services that are necessary for Provider to provide a Service. “Off-Net Services” shall mean any services provided by a third-party. “On-Net Services” shall mean Services that use transmission and related facilities owned and controlled by Provider.

5.3 Customer Equipment. Customer shall, at its own expense, procure any equipment necessary to implement or receive Service (“Customer Equipment”). Provider will have no obligation to install, maintain, or repair Customer Equipment. Promptly upon notice from Provider, Customer shall eliminate any hazard, interference or Service obstruction that any such Customer Equipment is causing or may cause as reasonably determined by Provider.

6. MAINTENANCE.

6.1 Scheduled Maintenance. Provider will endeavor to conduct (or cause to be conducted) scheduled maintenance that is reasonably expected to interrupt Service between 12:00 midnight and 6:00 a.m. local time or, upon Customer’s reasonable request, at a time mutually agreed to by Customer and Provider. Provider will use commercially reasonable efforts to notify Customer of scheduled maintenance that is reasonably expected to interrupt Service via telephone or e-mail, no less than five (5) days prior to commencement of such maintenance activities. Customer shall provide a list of Customer contacts for maintenance and escalation purposes, which may be included on the Service Orders, and Customer shall provide updated lists to Provider, as necessary.

6.2 Emergency Maintenance. Provider may perform emergency maintenance in its reasonable discretion, subject to Government security requirements, with or without prior notice to Customer, to preserve the overall integrity of the Provider Network. Provider will notify Customer as soon as reasonably practicable of any such emergency maintenance activity that materially and adversely impacts a Service.

6.3 Service Issues. Customer may notify Provider’s Network Operating Center (“NOC”) of Service problems by telephone 888-LT- FIBER, or at the contacts listed in Provider’s Customer Support Information provided to Customer, which may be updated by Provider from time to time. If Provider dispatches a field technician to Customer or an end-user location and the problem is caused by (i) the Customer Equipment or any end-user’s equipment or (ii) any acts or omissions of Customer or its end user, or of any of its or their invitees, licensees, customers or contractors, Provider will invoice Customer for any and all previously agreed upon in writing associated time and materials at Provider's GSA Schedule Pricelist rates.

7. IMPLEMENTATION REQUIREMENTS.

7.1 Access. Unless otherwise provided for in the applicable Service Order, Customer, at its own expense, shall secure throughout the Service Term any easements, leases, licenses or other agreements necessary to allow Provider to use pathways into and in each building at which Customer’s or its end-user’s premises is located, to the Demarcation Point. Such access rights shall grant to Provider the right to access such premises subject to Government security requirements twenty-four (24) hours a day, seven (7) days a week to install, maintain, repair, replace and remove any and all equipment, cables or other devices Provider deems necessary to provide the Service. Upon expiration or termination of the applicable Service Term, Customer shall grant Provider access to its premises as necessary to enable Provider to remove the Provider Equipment. Provider, its employees, contractors and agents shall have access to any Provider Equipment or facilities at a Customer or end user premises. Notwithstanding anything to the contrary herein, Provider shall have no liability for any delay or failure in its performance to the extent caused by any delay or failure of Customer (including, but not limited to, the failure to provide Provider prompt access) and/or caused by any notice or access restrictions or requirements. “Demarcation Point” shall mean the network interface point where Provider hands off the Service to Customer. The Demarcation Point delineates where responsibility for the Parties’ respective networks, equipment and/or maintenance obligations begin and end. Customer is responsible, at its sole cost and expense, for connecting to the Demarcation Point.

7.2 Space and Power. Customer shall procure and make available to Provider, at Customer’s locations and at end user locations where a Service is provided, at Customer’s sole cost and expense, adequate space, AC power and HVAC for Provider Equipment.

7.3 Property Owner Not Liable. Neither Customer nor any of Customer’s end-users shall have any recourse against any property owner or property manager of any premises to which any Service is delivered and/or at which Provider’s Network or Equipment is located, as a result of or in reliance upon this Agreement. Without limiting the foregoing, this provision shall not be construed to impose any liability on Provider, nor shall Provider have any liability, for or on behalf of such property owner or property manager.

8. DEFAULT & REMEDIES

8.1 Disconnection Requests. Customer shall submit all requests for disconnection of Services in writing to Provider. Such disconnection effective date will be the later of (i) thirty (30) days from Provider’s receipt of such disconnection request, or (ii) the date requested by Customer in the disconnection request. Each disconnection request must specify the Customer name and address, email address and telephone number of the person authorizing the disconnect, the circuit ID for the Service to which the disconnect request applies, the service type, and requested disconnection date. Upon termination of a Service, Provider shall have the right (but not the obligation) to act on behalf of and as agent for Customer to terminate all cross-connects relating to such Service, including cross-connects ordered by Customer.

Upon request Customer shall confirm to the applicable supplier of the cross-connect(s) that Provider is authorized to terminate such cross-connects on Customer’s behalf.

9. RESERVED.

10. LIMITATION OF LIABILITY; INDEMNIFICATION.

10.1. LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OF DATA, OR LOST BUSINESS, REVENUE, PROFITS OR GOODWILL, ARISING IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE OR ANY SERVICE ORDER, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. PROVIDER’S TOTAL LIABILITY TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT FOR ANY AND ALL CAUSES OF ACTION AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS, SHALL BE LIMITED TO THE LESSER OF: (A) PROVEN DIRECT DAMAGES OR (B) THE AGGREGATE AMOUNT OF PAYMENTS MADE BY CUSTOMER TO PROVIDER FOR THE AFFECTED SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE CIRCUMSTANCES GIVING RISE TO THE CLAIM OCCURRED. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING UNDERLYING SERVICE PROVIDERS, OR ANY THIRD-PARTY EQUIPMENT OR SERVICES NOT PROVIDED BY PROVIDER. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM PROVIDER’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH

LIABILITY CANNOT BE EXCLUDED BY LAW.

10.2. Indemnification. Except to the extent of the other Party’s negligence or willful misconduct, Provider shall indemnify, defend to the extent permitted under 28 U.S.C 516, release, and hold harmless the other Party, its Affiliates, directors, members, officers, employees, managers, agents, representatives, and contractors (collectively, “Indemnitees”) from and against any third-party action, claim, suit, judgment, damage, demand, loss, or penalty, and any cost or expense associated therewith (including but not limited to reasonable attorneys’ fees, expert fees and costs) (collectively, “Claims”) imposed upon such Indemnitee(s) by reason of damage to real or tangible personal property or for bodily injury, including death, as a result of any act or omission on the part of the Provider in connection with the performance of this Agreement and to the extent permitted under 28 U.S.C. 516.

10.3. Indemnification Process. If Provider (“Indemnifying Party”) is required to indemnify the Customer (“Indemnified Party”) pursuant to Section 10.2, the Indemnified Party shall promptly notify the Indemnifying Party. Provider may intervene in the claim filed against the Customer through counsel of its choosing, at its own expense. The Indemnified Party will cooperate in the defense of the action as requested by the Indemnifying Party. The Indemnified Party may, but shall not be required to, participate in the defense of the action with its own counsel, at its own expense. The Indemnifying Party will assume the cost of the defense on behalf of the Indemnified Party and its Affiliates (other than the expense of Indemnified Party's counsel pursuant to the immediately preceding sentence) and will pay all expenses and satisfy all judgments which may be incurred or rendered against the Indemnified Party or its Affiliates in connection therewith, provided that the Indemnifying Party shall not enter into or acquiesce to any settlement containing any admission of or stipulation to any guilt, fault, or wrongdoing on the part of the Indemnified Party or which would otherwise adversely affect the Indemnified Party without the Indemnified Party's written consent. Such indemnification shall be to the extent permitted under 28 U.S.C. 516.

11. REPRESENTATIONS AND WARRANTIES.

11.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PROVIDER MAKES NO REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, EITHER EXPRESS, IMPLIED OR STATUTORY, AND PROVIDER HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, (i) NON-

INFRINGEMENT, (ii) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND (iii) PERFORMANCE OR INTEROPERABILITY OF THE SERVICE WITH ANY CUSTOMER OR END-USER EQUIPMENT. NO WARRANTY IS MADE OR PASSED ON WITH RESPECT TO ANY SERVICES PROVIDED BY OR FURNISHED BY ANY THIRD

PARTY.

11.2 Each Party represents and warrants to the other that (a) it has the full right and authority to enter into, execute, deliver and perform its obligations under this Agreement, (b) it will comply with all applicable federal, state and local laws, statutes, rules and regulations in connection with the provision and use of the Services, and (c) this Agreement constitutes a legal, valid and binding obligation of such Party enforceable against such Party in accordance with its terms.

12. CONFIDENTIALITY; SERVICE MARKS; PUBLICITY.

12.1 Confidentiality. Neither Party, without the other Party’s prior written consent, shall disclose to any third party, including but not limited to its customers or prospective customers, any information supplied to it relating to the disclosing Party, its Affiliates, and/or its customers by the other Party which has been designated as confidential, proprietary or private or which, from the circumstances, in good faith should be treated as confidential (“Proprietary Information”). Proprietary Information shall not include any of the following: (i) information that has been, or is subsequently, made public by the disclosing Party; (ii) information that is independently developed by the receiving Party;

and (iii) information that has been previously known by or disclosed to the receiving Party by a third party not bound by confidentiality restrictions. Neither Party shall permit any of its employees, Affiliates or representatives to disclose Proprietary Information to any third person, and it shall disclose Proprietary Information only to those of its employees, Affiliates, and representatives who have a need for it in connection with the use or provision of Services required to fulfill this Agreement. If a receiving Party is required by any governmental authority or by applicable law, including, but not limited to the Freedom of Information Act, 5 U.S.C. 552, to disclose any Proprietary Information, then to the extent permitted by applicable law, such receiving Party shall provide the disclosing Party with written notice of such requirement as soon as possible and prior to such disclosure. Upon receipt of written notice of the requirement to disclose Proprietary Information, the disclosing Party, at its expense, may then either seek appropriate protective relief in advance of such requirement to prevent all or part of such disclosure or shall waive the receiving Party’s compliance with the requirements of the foregoing sentence with respect to all or part of such Proprietary Information.

12.2 Service Marks, Trademarks and Publicity. Neither Party shall: (a) use the name, service mark, trademark, trade name, logo, or trade dress of the other Party; or (b) refer to the other Party in connection with any advertising, promotion, press release or publication, unless it obtains the other Party’s prior written approval.

13. ASSIGNMENT. Neither Party will assign or transfer this Agreement without the other Party’s prior written consent, such consent not to be unreasonably withheld.

14. FORCE MAJEURE. Excusable delays shall be governed by FAR 52.212-4(f).

15. NOTICES. All notices, requests, or other communications (excluding invoices) shall be in writing and either transmitted via (i) overnight courier or hand delivery, (ii) certified or registered mail, postage prepaid and return receipt requested, or (iii) e-mail, with a requested delivery or read receipt, to the Parties at the following addresses. Notices shall be deemed delivered upon receipt.

Address for Customer Notices: Address for Provider Notices:

With a copy to:

Crown Castle Fiber LLC Crown Castle Fiber LLC

2000 Corporate Drive 2000 Corporate Drive Canonsburg, PA 15317 Canonsburg, PA 15317 Attention: Legal Department – Attention: Legal Department – Networks Networks

A Party may change the address for notices by notice to the other Party provided pursuant to this Section 15.

16. MISCELLANEOUS

16.1 Governing Law. This Agreement shall be governed by the Federal laws of the United States without regard to its choice of law principles.

16.2 No Third-Party Beneficiaries. The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the Parties or their respective successors or permitted assigns. It is the explicit intention of the Parties hereto that no person or entity other than the Parties (and, with respect to the provisions of Section 10, the Indemnitees) is or shall be entitled to any legal rights under this Agreement.

16.3 Relationship of the Parties. The relationship between the Parties hereunder is not that of partners or agents for one another and nothing contained in this Agreement shall be deemed to constitute or create a partnership, joint venture or similar relationship. Nothing in this Agreement shall be construed to authorize either Party to represent the other Party for any purpose whatsoever without the prior written consent of such other Party.

16.4 Order of Precedence. If any conflict or contradiction exists between these general terms and conditions and a Supplement, the terms of a Supplement will control. If any conflict or contradiction exists between a Supplement and the terms of a Service Order, the terms of the Service Order will control. If any conflict or contradiction exists between these general terms and conditions and the terms of a Service Order, the terms of the Service Order will control.

16.5 Non-Exclusivity. This Agreement is non-exclusive. Both Parties may enter into similar arrangements with others, and Provider may, as part of its normal business undertakings, actively market its services to any person or entity anywhere in the world, including but not limited to in competition with Customer and/or Customer's end users.

16.6 Non-Waiver. The waiver by any Party hereto of a breach or a default under any of the provisions of this Agreement, any Supplement or any Service Order, or the failure of any Party, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall not thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provision, right or privilege hereunder.

16.7 Survival. The terms and provisions contained in this Agreement that by their nature and context are intended to survive the performance thereof by the Parties hereto shall so survive the completion of performance and termination or early termination of this Agreement, including, without limitation, provisions for indemnification, confidentiality, and the making of payments due hereunder.

16.8 Headings. Section and subsection headings contained in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of this Agreement for any purpose, and shall not in any way define or affect the meaning, construction or scope of any of the provisions hereof.

16.9 Severability; Void or Illegal Provisions. If any part of this Agreement, Supplement or a Service Order shall be determined to be invalid or unenforceable by a Court of competent jurisdiction, said part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of this Agreement or such Service Order. The remainder of this Agreement will continue in full force and effect insofar as it remains a workable instrument to accomplish the intent and purposes of the Parties. The Parties will replace the severed provision with a provision that reflects the initial intention of the Parties.

16.10 Entire Agreement; Amendment. This Agreement, including all Supplements, Service Orders, exhibits and addenda attached hereto together with the underlying GSA Schedule Contract and Schedule Price List constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all other prior negotiations, understandings and agreements, whether oral or written, with respect to such subject matter. This Agreement may be amended only by a written instrument executed by the Parties.

16.11 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. The Parties agree that fully-executed electronic copies or facsimile copies of this Agreement and corresponding Service Orders are legally binding and shall act as originals for the purpose thereof.

The Parties have executed this Agreement as of the last date of execution below.

CUSTOMER: PROVIDER:

CROWN CASTLE FIBER LLC

By: By:

Print Name: Print Name:

Title: Title:

Date: Date:

Wavelength Services Supplement Rev. 2/2015

WAVELENGTH SERVICES SUPPLEMENT

TO THE

MASTER SERVICE AGREEMENT

CUSTOMER:

This Wavelength Services Supplement (“Supplement”) is effective as of the last date of execution below (“Supplement Effective Date”) by and between CROWN CASTLE FIBER LLC (“Provider”) and Customer, and is hereby incorporated into and made a part of the Master Service Agreement between Customer and Provider (the “Agreement”). Unless otherwise defined herein, capitalized terms in this Supplement shall have the meanings given in the Agreement.

1. SCOPE OF SUPPLEMENT

This Supplement applies to Wavelength Service as further defined in this Section.

1.1 “Wavelength Service” or “Service” means a telecommunications circuit enabled by wavelength division multiplexing (WDM) equipment. Wavelength Service may be ordered and provisioned either as On-Net Service or Off-Net Service. Wavelength Service includes, without limitation, the following types of Services:

(a) Point to Point; DC to DC Connectivity-Inter Market; and DC to DC Connectivity-Intra Market: Dedicated circuit between two

(2) Locations over a shared optical fiber infrastructure; or

(b) Managed Private Optical Network (“MPON”): Dedicated circuit(s) between two (2) or more Locations over dedicated optical fiber infrastructure and dedicated Provider Equipment at each Location.

1.2 Protection Options.

Protecti on Option

Description

Minimum Location Requirements

Space Power Environmental

Control Back Up Power

Unprotected (Level A)

Level A Service means the Service is provided over a single fiber path without protection. Level A Service consists of the following minimum requirements at each Location: (i) a single point of entry into the Location; (ii) one (1) Provider Equipment chassis; (iii) one (1) port; and (iv) a 2-fiber handoff to the Customer from the Provider Equipment.

(1)

(2)

(4)

Not applicable

Protection (Level AA)

Level AA Service means the Service is provided over two (2) separate fiber paths, one of which is the working (primary) path and the other the protect (secondary) path. Provider is responsible for managing the Failover Switching between the working and protect paths. Level AA Service consists of the following minimum requirements at each Location: (i) a single point of entry into the Location; (ii) one (1) Provider Equipment chassis; (iii) one (1) port; and

(iv) a 2-fiber handoff to the Customer from the Provider Equipment.

(6)

Protection (Level AAA)

Level AAA Service means the Service is provided over two (2) wavelengths utilizing separate fiber paths, one of which is the working (primary) path and the other the protect (secondary) path. Failover Switching at each Location will be provided by Customer or by Provider as specified in the Service Order. Level AAA Service consist of the following minimum requirements at each Location:

(i) two (2) separate points of entry into the Location; (ii) two (2) Provider Equipment chassis; (iii) one (1) line card per chassis; (iv) a 4-fiber handoff to the Customer from the Provider Equipment, with two fibers handed off from one of the Provider Equipment chassis and two fibers handed off from the other Provider Equipment chassis.

(3)

(5)

(7)

(1) Secure space for Provider Equipment at each Location with 24x7x365 access.

(2) Dedicated electrical circuit for Provider Equipment from the public utility. (i.e., the circuit has no other load from the Provider Equipment to a circuit breaker) at each Location.

(3) Redundant, dedicated electrical circuit at each Location from the public utility (i.e. each power circuit is fed from a different circuit breaker panel and has its own circuit breaker)

(4) Substantially dust free with temperature control that maintains temperature between 50 and 80-deg F and humidity control that maintains relative humidity below 80%.

(5) Substantially dust free with temperature control that maintains temperature between 60 and 80-deg F and humidity control that maintains relative humidity between 40% and 60%

(6) Provider (or Customer if the Parties agree) to install and maintain a minimum of four (4) hours of standby power

(7) Provider (or Customer if the Parties agree) to install and maintain a minimum of eight (8) hours of standby power and Customer shall provide emergency power generation

2. ADDITIONAL DEFINITIONS

“Failover Switching” means the automatic restore and reroute of the Service to an alternate transmission path;

“Location” is an address where Provider will hand off Service to Customer;

“Service Credit” means a credit that Customer is eligible to receive if Provider fails to meet the Service levels set forth in Section 5.2 below;

“Service Outage” means a complete interruption of communications between any two (2) or more Locations;

3. SPECIFICATIONS

3.1 The Specifications applicable to Wavelength Services are as follows:

• ITU-T G.709, Interfaces for the Optical Transport Network ( OTN )

• ITU-T G.693, Optical interfaces for intra-office systems

• ITU-T G.959.1, Optical transport network physical layer interfaces

• IEEE 802.3

4. INTERSTATE SERVICE; INCREMENTALLY DELIVERED SERVICES

4.1 Interstate Services. Customer acknowledges that Provider has no ability to determine whether the communications traffic carried via the Service is jurisdictionally interstate or intrastate. Unless otherwise stated in the applicable Service Order, Customer acknowledges and agrees that the communications traffic to be carried via the Provider Network shall be jurisdictionally interstate, pursuant to the Federal Communications Commission’s mixed-use “10% Rule” (47 CFR 36.154, 4 FCC Rcd. 1352).

4.2 Incrementally Delivered Services. Unless otherwise specified in a Service Order, if a Service consists of more than one segment, Provider may incrementally deliver individual segments, and billing for each segment shall commence upon delivery and acceptance of that segment. The Service Term for a multi-segment Service shall begin upon delivery of the first segment and end after the number of months specified in the Service Order have elapsed from delivery and acceptance of the final segment.

5. SERVICE LEVEL AGREEMENT

5.1 Service Outage. Subject to this Section 5, in the event of a Service Outage to any Service, Customer may be entitled to a Service Credit in accordance with the applicable Service Level Objective set forth in Section 5.2 below. A Service Outage shall be deemed to begin upon the earlier of Provider’s actual knowledge of the Service Outage or Provider’s receipt of notice from Customer of the Service Outage, and end when the Service is operational and in material conformance with the applicable Specifications. Notwithstanding anything to the contrary in this Supplement, the Agreement or any Service Order, in no event shall a Service Outage, defect or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Provider of this Supplement, the Agreement or any Service Order.

5.2 Service Level Objectives.

"Service Availability" means the percentage of time during a calendar month that a Service is available for use by Customer.

Available for use is defined as the time during which there is no Service Outage.

Service Availability is calculated as follows: 43,200 - (number of minutes of Service Outage during the calendar month) 43,200 (number of minutes in a month)

If the total minutes or hours of Service Outages in any month exceed the number of minutes or hours set forth in the table below, Customer shall be entitled to a Service Credit equal to the percentage of the Service MRC set forth in the following table:

Service Availability

Objective Measurement

Timeframe

Service Credit Cumulative Duration of

Service Outage(s) % of MRC

Level A

99.9%

One Month

0 to 43.2 min. 0% >43.2 min. to 10 hrs. 5%

>10 hrs. to 16 hrs. 10% >16 hrs. to 24 hrs. 20% >24 hrs. to 36hrs. 40%

> 36 hrs. 50%

Level AA

99.99%

0 to 4.32 mins. 0% >4.32 min. to 30 min. 5%

>30 min, to 1 hr. 10% >1hrs. to 8 hrs. 20%

>8 hrs. to 16 hrs. 30% >16 hrs. to 24 hrs. 40%

>24 hrs. 50% Level AAA

99.999%

0 to 43 secs. 0% > 43secs. to 4 min. 5% >4 min. to 10 min. 10% >10 min. to 2 hrs. 20%

>2 hrs to 8 hrs. 40% >8 hrs 50%

5.3 Service Credits. Service Credits hereunder are calculated as a percentage of the MRC set forth in the Service Order. If a Service consists of more than two (2) Locations, and hence more than one segment, and the segments experience different levels of Service Availability, then Service Credits shall be calculated separately with respect to each segment and shall be based on the MRC applicable to the particular segment. Service Credits shall be Customer’s sole and exclusive remedy at law or in equity on account of any Service Outage and/or any other defect in Service. If an incident affects the performance of the Service and results in a period or periods of interruption, disruption, failure or degradation in Service, entitling Customer to one or more credits under multiple service level standards, only the single highest credit with respect to that incident will be applied, and Customer shall not be entitled to credits under multiple service level standards for the same incident.

Notwithstanding anything to the contrary herein, the above-stated Service Credits shall not apply to Off-Net Services, and in the event of a Service Outage or other failure of any Off-Net Service provided by Provider to Customer, Provider agrees to pass through a credit equal to the credit received by Provider from its underlying provider(s) for such Service Outage, in lieu of the above-stated Service Credits. In no event shall Service Credits in any month for any and all interruptions, disruptions, failures, and/or degradations in Service (including, without limitation, any Service Outage or failure to meet any objectives or parameters set forth in this Supplement) exceed fifty percent (50%) of the MRC for the affected Service for that month.

5.4 Service Credit Request. Customer must submit a written request to claim a Service Credit no later than thirty (30) days following the event which gives rise to Customer’s right to the Service Credit. Failure to request a Service Credit within such period shall constitute a waiver of any claim for a Service Credit.

5.5 Events Excepted From Service Credit. Notwithstanding the foregoing, Customer shall not receive any Service Credit for any Service Outage, failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:

a. Customer’s (including its agents, contractors and vendors) acts or omissions;

b. Failure on the part of Customer Equipment, end user equipment or Customer’s vendor’s equipment;

c. Failure of electrical power not provided by Provider;

d. Election by Customer, after requested by Provider, not to release the Service for testing and repair;

e. Provider’s inability to obtain access required to remedy a defect in Service;

f. Scheduled maintenance periods;

g. Scheduled upgrade of Service at the request of Customer;

h. Excusable Delay, as defined in Federal Acquisition Regulation 52.212-4(f);

i. Disconnection or suspension of the Service by Provider pursuant to a right provided under this Agreement; and/or

j. Provider’s inability to repair due to utility safety restrictions.

The Parties have executed this Supplement as of the last date of execution below.

Ethernet Services Supplement Rev. 1/2015

ETHERNET SERVICES SUPPLEMENT

MASTER SERVICE AGREEMENT

CUSTOMER:

This Ethernet Services Supplement (“Supplement”) is effective as of the last date of execution below (“Supplement Effective Date”) by and between CROWN CASTLE FIBER LLC (“Provider”) and Customer, and is hereby incorporated into and made a part of the Master Service Agreement between Customer and Provider (the “Agreement”). Unless otherwise defined herein, capitalized terms in this Supplement shall have the meanings given in the Agreement.

This Supplement applies to Ethernet Services as defined herein.

1.1 “Ethernet Service” or “Service” means a method of switched communication between or among two or more Locations using the Ethernet protocol defined by IEEE 802.3. Ethernet Services may be ordered and provisioned either as On-Net Services or Off-Net Services.

Ethernet Service includes, without limitation, the following types of Services:

(a) E-Line: a port-based service providing dedicated UNIs for point to point connections. E-Line supports a single EVC between two (2) UNIs.

(b) Ethernet Virtual Private Line (EVPL): a VLAN based service providing multiplexed UNIs allowing multiple EVCs per UNI.

(c) Ethernet LAN (E-LAN): a VLAN based meshed service providing many-to-many services with dedicated or service-multiplexed UNIs. E-LAN supports transparent LAN service and multipoint Layer 2 VPNs.

(d) Metro-E Advanced Private Line: a dedicated point-to-point switched Ethernet service provided within a metro area over dedicated fiber transport.

(e) ENNI (External Network to Network Interface): an interconnection point between the Provider and Customer Ethernet networks as defined in MEF Specification 26.

1.2 “Class of Service” or “CoS”: Provider offers CoS with Ethernet Service. CoS enables Customer to differentiate traffic by assigning Bandwidth with various classes of network priority designated by Customer. If Customer elects CoS, (i) Customer’s traffic must be marked by Customer in accordance with Provider’s available classes of network priority, and (ii) Customer traffic will be prioritized in accordance with the assigned network prority. If Customer does not elect CoS, Customer’s traffic will be treated with the default network priority level. Provider offers the following classes of CoS ranging from highest to lowest in terms of network priority:

Mission Critical

Business Critical

Business Priority Standard Default class for all Ethernet Services.

1.3 Protection Options.

Protection Option

Description

Minimum Location Requirements

Space Power Environmental

Control Back Up Power

Unprotected (Level A Access)

Level A Access means the access portion of the Service (i.e. the segments from the last Provider Network switching hub (or for Metro-E Advanced Private Line the lateral segments from the Provider Network backbone) to the point of entry of the Location) is provided over a single fiber path without protection. Level A Access consists of the following minimum requirements at each Location: (i) a single point of entry into the Location; (ii) one (1) Provider Equipment chassis;

(iii) one (1) port; and (iv) a 2-fiber handoff to the Customer from the Provider Equipment.

Not applicable

Optical Protection (Level AA Access)

Level AA Access means the access portion of the Service (i.e. the segments from the last Provider Network switching hub to the point of entry of the Location) is provided over two (2) separate fiber paths, one of which is the working (primary) path and the other the protect (secondary) path. Provider is responsible for managing the Failover Switching at each Location. Level AA Service consists of the following minimum requirements at each Location: (i) a single point of entry into the Location; (ii) one (1) Provider Equipment chassis;

(iii) one (1) port; and (iv) a 2-fiber handoff to the Customer from the Provider Equipment.

(6)

Dual Path Protection (Level AAA)

Level AAA Access means the access portion of Service (i.e. the segments from the last Provider Network switching hub to the point of entry of the Location) is provided over two (2) separate fiber paths, one of which is the working (primary) path and the other the protect (secondary) path. Failover Switching at each Location will be provided by Customer or by Provider as specified in the Service Order. Level AAA Service consist of the following minimum requirements at each Location: (i) two (2) separate points of entry into the Location; (ii) two (2) Provider Equipment chassis; (iii) one (1) line card per chassis; (iv) 4-fiber handoff to the Customer from the Provider Equipment, with two fibers handed off from one of the Provider Equipment chassis and two fibers handed off from the other Provider Equipment chassis; and (v) Customer Equipment must have dual-card redundancy (i.e., separate cards, one for one of the 2-fiber handoffs and the other for the second 2-fiber handoff).

(3)

(5)

(7)

(1) Secure space for Provider Equipment at each Location with 24x7x365 access.

(2) Dedicated electrical circuit for Provider Equipment (i.e. the circuit has no other load from the Provider Equipment to a circuit breaker) at each Location from the public utility.

(3) Redundant, dedicated electrical circuit at each Location from the public utility (i.e. each power circuit is fed from a different circuit breaker panel and has its own circuit breaker).

(4) Substantially…