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Home My WebLink AboutAT&T CONTRACT ADDENDUM METRO-ETHERNET , I " .../ q CJtC4//(l5-{)366' ) at&t Addendum to Master Contract for Augusta BellSouth Business Services Master Agreement # CPG.12218 Quote # 885080318165339 Term The undersigned Customer hereby orders from BellSouth Telecommunications, Inc., doing business as AT&T Southeast ("AT&T") the BellSouth Business Services of the type, at the location and for the prices and term specified in this Addendum and its related Addendum Detail Form(s) (collectively, this "Addendum"). BellSouth Business Service is provided, and this Addendum is submitted, subject to and in accordance with BellSouth Business Services Master Agreement, and all applicable acceptable use policies, This Addendum is valid only when accepted by an authorized representative of AT&T. The term of the Service begins upon completion of installation and activation by AT&T, unless terminated earlier as set forth herein or in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. This Contract shall be extended for additional one year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Contract at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. Additional Terms and Conditions 1. Pre-qualification does not guarantee service availability at the installation location. Although Customer's line pre-qualified for Service there are circumstances beyond AT&T's control that may result in Customer's inability to receive this Service. Some of these limitations are not detectable until AT&T installers are at Customer's location and attempt installation of the Service. If it is determined that AT&T is unable to install this Service, Customer will not incur any charges associated with the attempted provisioning of Service for the affected location(s). 2. If Customer cancels its Services or any portion thereof, or has its Services or any portion thereof terminated pursuant to Section 12(a) or 12(b) of the BellSouth Business Services Master Agreement, prior to the expiration of the minimum term selected herein, Customer shall be obligated to pay AT&T a termination charge equal to 50% of the total monthly charges (other than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such termination had not occurred. Such termination charge shall be paid to AT&T within thirty (30) days after such cancellation. 3. If Customer cancels installation of the Services, or part of a service order, before the installation due date, Customer shall be obligated to pay AT&T cancellation charges equal to 50% of all the standard nonrecurring charges associated with the order, or that part of the order being cancelled. 4. Customer may incur additional charges in the event AT&T has to build out additional facilities in order to provision Customer's Services. Customer will be notified of such additional charges and may terminate the Services without incurring termination charges. 5. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Addendum and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. 6. This Addendum upgrades Customer's Service from 10 Mbps Speed to 20 Mbps Speed. 7. CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ADDENDUM, INCLUDING THE APPLICABLE ADDENDUM DETAIL FORM (S) AND THE BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ADDENDUM AND SHALL PREVAIL OVER ANY CONFIDENTIAL/PROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION ~ <:..--. Version: 12/2005 Page 1 of 4 Customer Initials: ~ ~ Created On: September 24, 2009 CCP.40230 Date: 10 { / '" l '7 ~ ~"V v\~ ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ADDENDUM, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. ACCEPTANCE OF ANY ADDENDUM BY AT&T IS SUBJECT TO AT&T CREDIT AND OTHER APPROVALS. FOLLOWING ADDENDUM ACCEPTANCE, IF IT IS DETERMINED THAT THE INITIAL CREDIT APPROVAL WAS BASED ON INACCURATE OR INCOMPLETE INFORMATION, AT&T IN ITS SOLE DISCRETION RESERVES THE RIGHT TO CANCEL THE ADDENDUM WITHOUT LIABILITY OR SUSPEND THE ADDENDUM UNTIL ACCURATE AND APPROPRIATE CREDIT APPROVAL REQUIREMENTS ARE ESTABLISHED AND ACCEPTED BY CUSTOMER. CONFIDENTIAL/PROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION .-o....? Version: 12/2005 Page 2 of 4 Customer Initials: ~ Created On: September 24,2009 CCP-40230 Date: it' Summary Dedicated Internet Access Components purchased: Site-to-Site locations: 1 Customer will pay to AT&T all charges billed pursuant to the Contract. Charges are as set forth below. Charges Incorporation with Master Contract The Terms and Conditions of this addendum are added to, and become, integral parts of Master Agreement CPG-12218 and are fully incorporated herein by this reference. I acknowledge that I have received and read the BellSouth@ Dedicated Internet Access Service Description Customer Initials and Date IN WITNESS WHEREOF, the Company and Customer have caused this Addendum to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by the Company" Acknowledgement Customer: Augusta By: ( Q --e.-/:- Name: Deke Coppenhaver Title: Mayor {" Date: {Ii f Zk t:1 '1 Versl"on"" 12/2005 CONFIDENTIAL/PROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTENCPERMISIStlOIN L9~c- Page 3 of 4 uslomer nlla 5: Created On: September 24, 2009 CCP-40230 Date: if? ( 07 L~ ~ Solution Details Charges for Primary Circuit Location # 1 Site Name: Augusta Richmond County Site Address: 530 Greene St. Augusta GA 30901- Metro Ethernet Tiered Pricing Service Package: Port + Access Port Speed: 20 Mbps Contract Term: 36 Months $0.00 $3150.00 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION cQ~ 0 Version: 12/2005 Page 4 of 4 Customer Initials: , " Created On: September 24, 2009 CCP-40230 Date: (0 ( U.? ( 0 "7 ~~ ~