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<br /> YV E S C•~'~""~''~ ' Terms and Conditions Job Authorization H7RA007
<br /> Spnrt ut Srrvice
<br /> Tho Proposal, these Terms antl Contlltlons antl all terms 7. Warranty. Alt workmanship Is guaranl¢ed against
<br /> and conditions and ins tariff, If applicable, constitute the defects for a period of six (6) months from the date of
<br /> entire Agreement and supsrsetlo ail previous agreements completion. THIS WARRANTY IS IN LIt?u OF ALL OTHER
<br /> between Qw¢al and Customer relating to the Work and WARRANTIES. EXPRESS OR IMPLIED INCLUDING. BUT
<br /> rotated subject matter hereof, No ocher terms and NOT LIMITED TO, ANY OTHER WARRANTY OF
<br /> conditions are applicable, including but not limited to terms MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br /> and eondltions attached to Customer's Purchase Order PURPOSE. The exclusive remedy for Customer under this
<br /> (PO). Proposal shall be that Qwest will re-perform any part of its
<br /> worK which Is found to be defesive. In the even) the
<br /> 1. Customer Responsibllllles. Customer shall furnish all facllilies Qwesl reananges in accordance with this Proposal
<br /> surooys and a description of (he silo. Customer shall oe era owned by the Customer, In addition to re-pertorming the '
<br /> responsible for. and secure and pay for all necessary Work, Qwest will agree restore the worK location to its
<br /> permits. approvals, easements, assessments and any ether original condition. Qweat shall not be responslbie for
<br /> charges required for the Work to be performed under this damage to its work by other parties or for Improper use of
<br /> Proposal and provide copies of the same. along with any the equipment by others.
<br /> tiling information if applicable, to Qwest upon demand.
<br /> Qwast shall be under no obllgatlon whatsoever and the 8. Changes. Changes in the Work, an sdjustm¢nl to the
<br /> Customer assumes all rasponsibllity to contact ens make proposal price or the limefreme for the Work shall Da made
<br /> arrangements with any Third parties, such as power by change order speciticatly stated in writing, The cost or
<br /> companies. railroads. cable companies, or other credit to the Customerfrom a change shall be determined by
<br /> telecommuniglions companies to arrange for the relocation mutual agreement.
<br /> of wires and equipment or the temporary dlaconneslon of
<br /> the transmission of electricity. Customer agrees to indemnify 9. Safely and Environmental Conditions. Customer
<br /> Qwest for any claims, damages or expenses related to understands and acknowledges that should Qwesl
<br /> Customer's failure to obtain the necessary parmisslons or encounter a hazardous substance and determine that such
<br /> perform such other responslbllltles described herein. substance presents a health or physical hazard. Qwest may. -
<br /> without penalty, dlscondnue work under this contras.
<br /> 2. Qwest Rosponslbllltles. Qwest shah cupoMss and
<br /> direct the Work under this Proposal and shall be solely 10. Termination. In the event Customer elects to
<br /> responsible for construction means, meUtods, lachniquea. abandon the project and terminate this centred for
<br /> sequences, procedures of !ha Work and any safely Customer's convenience, Gwest shalt be paid for all Work
<br /> precautions assoGated with the Work hereunder, executed and any expense sustained plus a reasonable
<br /> profit.
<br /> 3. ConcealedlSubsurface Conditions. Should concealed
<br /> conditions be eneountored below the surface of the ground,
<br /> or in an existing structure, during the performance of the 11, Title l0 Equipment and Facilltias. Title te, and
<br /> Work, differing materially from those ordinarily enwuntered ownership of all IineS, equipment and other properly Installed
<br /> and generalty recognized as Inherent in the Work, the or constructed by Qwest in cOnneCllon wtth this Agreement
<br /> Proposal Charges shall be equitably adjusted by change or the provisioning of Service ib and remains with Qwest.
<br /> order upon written Balm by ehher party made within twenty Customer does nOt Own facilitleb placed as a result of the
<br /> (20) days after the first observance of such condittona, Work pertomred untler thl6 Proposal, Those facilities are
<br /> owned solely by Qwest.
<br /> 4, Limitation of Liability, NEITHER PARTY SI-TALL BE
<br /> LIABLE TO THE OTHER FOR ANY lNGIDENTAL, 12. Talet:ommunications Services. This Proposal is
<br /> INDIRECT. SPECIAL OR CONSEQUENTIAL DAMAGES independertt, separate, and distlnOt from any local exchange
<br /> OF ANY KIND, INCLUDING eUT NOT LIMITED TO ANY or Other telecommunicaliona or other services Qwest currency
<br /> LOSS OF USE, LOSS OF BUSINESS OR LOSS OF provides, or may provltle in the future to Customer, whether
<br /> PROFIT; provided. however, there shall be no limftation on a or not Owest provides or may provide such Services 10
<br /> patty's liability le the other for any Bnes or ponaltlas Imposed Customer using the Qwest equipment and facilities to which
<br /> on the other party by any court of competent )~uisdiotlon or this Proposal refers. As such, Customer shall be
<br /> federal, a1aM or local administrative agoney resutlEng from responsfbie for paying for such other total exchange or other
<br /> the failure of the party to comply with any term or condition lelecommunlcaUons or other services separate from the
<br /> of this Agreement Or any valid and eppii0able 18w, rule Or payment requiromenls of This Proposal.
<br /> regulation.
<br /> 13. Routing of Services. In connection wish providing
<br /> 13. Force M8)BUra. In tna evens the performance of Qwest telecommunications or ocher services over the facilities
<br /> is InterrupWd or prevented by an event. not due to Ito own placed as a result of the Work pertortned under this
<br /> fault that waa not reasonably foreseeable and could not Proposal, Qwest may select and use any switches, other
<br /> nave bean prevented through the exerase of reasonable equipment, software, or fatililiAa that Qwest chooses. In the
<br /> care ("Evens of Force Majeure"), than the performance of avant of out-of-sarvicta conditions of any kind, which affect
<br /> Qwest's obligations hereunder shall be suspended until such fadlities described in the Proposal, Qwosl may take steps to
<br /> limo 8a the Event of Force Majeure has bean eliminated. supply alternate routes, swttohes, equipment, and faCilil;e6 t0
<br /> gwest 6hall use Ito bast eHon to eliminate an Event of Force correct such out-of-service conditions of any services using
<br /> Majeure, lne affected faGllties.
<br /> e. Diaputaa. Any claim. controversy or dispute between the
<br /> parties shall bo roaolvod by binding arbitratlon In accordance
<br /> with the Fetleral Arbltrauon As, g U.S.C. 1-t8, not stale law.
<br /> Propowi ®2001 Qwest Corporation Page 2 version: OS-1 woe
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