|
• 600Qj.[t618 ON Xa/K1) OZ~tO 3f11 t00Z/EZ/l0
<br /> b0' dJtid ~ti101
<br /> 'Q~1/Q S t.~"~""~'""~' Terms and Conditions Job Authorization H7RA007
<br /> Spurt v/ S+crvicfi
<br /> The Proposal, these Terms and Conditions and all terms 7. Warranty. All workmanship Is guaranteed against
<br /> and conditions and the tariff, tf applicable, constitute the defects for a period or six (6) months from It,e dale o1
<br /> entire Agreement and SupersetlC aH previous agreements Ct)mpletl0n. THIS WARRANTY IS IN LIEU OF ALL OTHER
<br /> between Qwesl end Customer relating to the Work and WARRANTIES. EXPRESS OR IMPLIED INCLUDING. BUT
<br /> related 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 conditions attached to Customer's Purchase Order PURPOSE. The exclusive remedy for Cusiorner under this
<br /> (PO)• Proposal shall be that Qwest wGl re-perform any part of Its
<br /> worts ~uhlch Ls found to be defective. In the event the
<br /> t. Customer Responstbllltles. Customer shall fumish all facilities Qwest reaRanges in accordance with this Proposal
<br /> surveys and a desctiptlon of the site. Customer shall Ds are owned by the Customer, In addition to re-pertarming the
<br /> responsible for. and severe and pay for all necessary Work, Qwesl will agree restore the work location to its
<br /> permits. approvals, easements. assessments antl any other original condition. Qwrest shall not be responsible for
<br /> charges required for the Work to De 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 /> filing information if applicably, to Qwest upon demand.
<br /> Qwest shah De under no oWlgation whalsoevyr and the d. Changes. Changes in the Work, an adjustment to the
<br /> Customer assumes all responalblilry to contact and make proposal price or the limeframe for the Work shag De made
<br /> arrangements with any third parties, such as power by change order specificagy staled in writing, The cost or
<br /> companies. railroads. cable companies, or other credit to the Customer from a change shah be determined by
<br /> telecommunications companies to arrange for the relocation mutual agreement.
<br /> of wires and equipment or the temporary dlsconnectlon of
<br /> the transmission of slectriclry. Customer agrees to Indemnly 9. Safely and Environmental Conditions. Customer
<br /> Qwssl for any claims, damages or expenses related to understands and acknowledges the! should Qvn~esl
<br /> Customer's falluro to obtain the necessary permissions or encounter a hazardous substance and determine that such
<br /> perform such other responsibilltles described herein. substance presents a health or physical hazard. Qvaest may.
<br /> without penahy, discontlnue wont under this contract.
<br /> 2. Qwsst Responsibllltles. Qwest shall supeMse and
<br /> direct the Work under this Proposal and shall be solely 10. Terminatbn. In the event Customer elects to
<br /> responsible for construction means, meUroda, techniques. abandon the project and terminate this contract For
<br /> sequences, procedures of the Work and any safety Customef s convenience, Qwest shatl be paid for all Work
<br /> precautions assodated with the Work hereunder, executed and any expense sustained plus a reasonable
<br /> profit.
<br /> 3. Conoealad/Subsurlace Conditions. Should concealed
<br /> conditions be encountered below the surface of the Around,
<br /> or in an existing structure, during the performance of the 11, Tile to Equipment and Faeillties. Title to, and
<br /> Work, differing materially from those ordinarily encountered ownership of an lines, equipment and other properly installed
<br /> and generalryr recognized as inherent in the Work, the or conatrvcled by Qwect in ConneUion with this Agreement
<br /> Proposal Charges shall be cquttabty adjusted by change or the provisioning of Service ib and remains with Qwest
<br /> order upon written claim by ehher party made within twenty Customer does not own facilities placed es a result of the
<br /> (20) days after the Qrst observance of ouch conditbns. Work perfomred untler utis Proposal, those fatalities are
<br /> owned solely by Qwest.
<br /> d, Limitation Of Ltebility. NEITHER PARTY SHALL 9E
<br /> LIABLE TO THE OTHER FOR ANY INCIDENTAL, 12. TeleCOmmunications Services. This Proposal is
<br /> INDIRECT. SPECIAL OR CONSEQUENTIAL DAMAGES independent, separate, dnd distinct kom any focal exchange
<br /> OF ANY KIND, INCLUDING t3UT NOT LIMITED TO ANY Or Other telBCOmntuntG?tion6 or other service Qwest currently
<br /> LOSS OF USE, LOSS OF t3UStNESS OR LOSS OF provides, or mdy provide in the future to Customer, whether
<br /> PROFIT; provided. however, there shall be na Gmitalion on a or not Owest provides or may provide such senriees to
<br /> party's Itability to the other !or any Bnas or panaltles Imposed Customer using the Qwest equipment and fadlities to which
<br /> on the other party by Any court of competent Jurisdiction or this Proposal refers. AS such, Customer shalt be
<br /> federal, slate or local administrative agency resulting from responsible for paying far such other total exchange or other
<br /> the failure of the party to comply with any term or eonditien telecommunlcalku?s or other services separate from the
<br /> of Chia Agreement or any valid end applicable law, rule or payment requirements of this Proposal.
<br /> reputation.
<br /> 13. Routing of Services. In connection with providing
<br /> S. Force MaJeure. Irt the event the performance of Qwest telecommunications or other services ever the facilities
<br /> is Interrupted or prevented by an event. not due to Its own placed as a result of the Work pertorrned under this
<br /> fault, that was not reasonably foreseeable and could not Proposal, Qwest may select and use any switches, other
<br /> nave been prevented through the exercise of reasonable equipment, ao$ware, or facilities that Qwest chooses. In the
<br /> care ("Evens of Force Majeure'), then the perfom+ance or event of out-of-service conditions of any kind, which affect
<br /> Qwesl's obligations hereunder shall be suspended until such faalitiea described in the Proposal, Qwesl may take steps to
<br /> time es the Event of Force Majeure has been eliminated. supply alternate routes, switches, equipment, and fataltiiec to
<br /> Qwest shah use tts Dest effort to allminate an Event of Force correct such out-of-service conditions of any services using
<br /> Majeure, the affected fadlltles.
<br /> 8. Disputes. Any claim. controversy or dispute between the
<br /> parties shall be resolved by binding arbltratlon In accordance
<br /> with the Federal Arbitration Act, 9 U.S.C. t-1E, not state law.
<br /> Proposal ®2001 Qwest Corporation Page 2 Version: 05-19-08
<br />
<br /> b0ib0' d 0 i bBZ89 I bS t 6 Ol 8 t 86L0z606 1S3p1i~ ltd LZ ~ L0 Z00Z EZ Nt:if
<br />
<br />
|