Tenant Order Form

MASTER FIBER OPTIC SERVICE AGREEMENT

This Master Fiber Optic Service Agreement (the "Agreement") is made and entered into as of [DATE], by and between Foritas, Inc., a New York corporation, with offices at 112 West 34th Street, New York, NY ("Foritas"), and [Tenant Name], a [state of incorporation] corporation, with offices at [Tenant's address] ("Tenant").

RECITALS

WHEREAS, Foritas, Inc. ("Foritas") is a technology services provider that has been engaged by Global Holdings LLC ("Owner"), the owner of the building located at 1250 Broadway, New York, NY (the "Building"), under a separate agreement to administer, maintain, and manage the fiber optic distribution system (the "Fiber Infrastructure") installed within the Building;

WHEREAS, Foritas is not the owner of the Fiber Infrastructure but has been granted the exclusive right by the Owner to manage and operate the system for the purpose of providing fiber optic connectivity and related services to carriers and tenants in the Building;

WHEREAS, the Fiber Infrastructure includes the necessary fiber optic cabling, equipment, and facilities for the delivery of data and communication services to tenants within the Building, extending from the Main Point of Entry (MPOE) to fiber terminals located on each floor of the Building;

WHEREAS, [Tenant Name] ("Tenant") wishes to use fiber optic pairs within the Fiber Infrastructure for the purpose of accessing carrier services delivered by Foritas as a third-party provider of fiber connectivity;

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows:

1. USE OF FIBER PAIRS

1.1 Scope of Service
Foritas shall provide Tenant with access to single-mode fiber optic pairs within the Fiber Infrastructure to support the delivery of carrier-provided data and communication services. This Agreement governs Tenant's use of any fiber pairs at the Building for the delivery of carrier services through Foritas.

1.2 Term of Use
The use of each fiber pair by the Tenant will be subject to an initial term of 12 months, commencing from the activation date of each fiber pair used by the Tenant to access carrier services.

1.3 Service Delivery
"Service Delivery" is defined as the delivery of carrier data services via a single-mode fiber pair from the MPOE to the floor terminal located on the Tenant's floor. Each fiber pair is subject to an activation fee and a Monthly Recurring Charge (MRC) as outlined in Section 3.

1.4 Service Extension
"Service Extension" refers to the optional delivery of service from the floor fiber terminal to the Tenant’s IT room on a standard, wall mounted fiber platform supplied by Foritas. This service is subject to an installation fee, as outlined in Section 3.

2. TERM AND TERMINATION

2.1 Term of Agreement
This Agreement shall have an initial term of 12 months from the date of execution and shall automatically renew for successive 12-month periods unless either party provides written notice of termination at least 60 days prior to the end of the current term.

2.2 Termination for Cause
Either party may terminate this Agreement upon 30 days’ written notice if the other party materially breaches the Agreement and fails to cure such breach within the 30-day period.

2.3 Termination by Law or Force Majeure
The parties acknowledge that their obligations under this Agreement are subject to all applicable New York State and federal laws, rules, and regulations. Either party may terminate this Agreement without penalty if, at any time, a new law or regulation renders any part of this Agreement illegal or otherwise unenforceable. In such a case, termination shall be effective immediately upon written notice to the other party. Termination due to force majeure events (natural disasters, government actions, etc.) shall also be handled in accordance with New York State law.

3. FEES AND PAYMENTS

3.1 Monthly Recurring Charges (MRC)
Tenant agrees to pay Foritas a Monthly Recurring Charge (MRC) of $150 per fiber pair used for Service Delivery from the MPOE to the floor terminal within the Building. The MRC is payable on a monthly basis for the duration of the Agreement, beginning from the activation date of each fiber pair.

3.2 Activation Fees
Tenant agrees to pay a one-time activation fee of $195 per fiber pair upon activation from the MPOE to the floor terminal.

3.3 Service Extension Fee
If Tenant opts to have Foritas extend the service into its IT room, the Tenant agrees to pay a one-time service extension fee of $450 per pair for extending service up to 100 feet from the floor terminal into the Tenant suite.

3.4 Billable Service Fees
Any services provided by Foritas outside the scope of routine fiber pair maintenance and management will be billed as Billable Service Fees at the rate of $180 per hour or by separate agreement. This includes, but is not limited to:
- Onsite technical support beyond standard service delivery.
- Customer-requested modifications to the fiber system.
- Consulting services not directly related to the fiber pairs covered under this Agreement.

3.5 Payment Terms
All fees, including Monthly Recurring Charges, Activation Fees, and Billable Service Fees, are due within 30 days of the invoice date. Late payments will accrue interest at a rate of 1.5% per month on the outstanding balance, or the maximum rate allowed by law.

3.6 Disputes
Any disputes regarding fees must be brought to the attention of Foritas within 15 days of the invoice date. Both parties agree to resolve disputes promptly and in good faith.

4. LIABILITY AND INDEMNIFICATION

4.1 Limitation of Liability
Foritas shall not be liable for any indirect, incidental, or consequential damages, including, but not limited to, loss of revenue, loss of business, or loss of data, arising out of or in connection with this Agreement, even if Foritas has been advised of the possibility of such damages.

4.2 Indemnification
Tenant agrees to indemnify, defend, and hold harmless Foritas and its affiliates, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from Tenant’s use of the Fiber Infrastructure or its services under this Agreement, except to the extent that such claims result from Foritas’ gross negligence or willful misconduct.

5. GOVERNING LAW AND DISPUTE RESOLUTION

5.1 Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.

5.2 Dispute Resolution
Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in New York, New York. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

6. MISCELLANEOUS

6.1 Entire Agreement
This Agreement, along with any schedules and addenda attached hereto, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, whether written or oral.

6.2 Amendment
This Agreement may only be amended in writing and signed by authorized representatives of both parties.

6.3 Assignment
Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, except that Foritas may assign this Agreement to its successors or assigns in connection with a merger, consolidation, or sale of all or substantially all of its assets.

6.4 Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed given when sent via certified mail, return receipt requested, to the addresses set forth in the opening paragraph of this Agreement or to such other address as either party may designate in writing.

6.5 Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.