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<br /> Q W 2 S t.~"~"''=~' Terms and Conditions Job Authorization H7RA007
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<br /> The Proposal, these Terms antl Contllllons and all terms 7. Warranty. All workmanship Is guaranteed agalrut
<br />
<br /> 'fir and conditions and the tariff, if applicabre, constitute the defects fpt a period or six (6) months from the date o1
<br /> antlra Agreement and supersetle alt previous agreements COmplellon. TH18 WARRANTY rS IN LIEU OF ALL OTHER
<br /> between Qwest end Customer relating to the Work and WARRANTIES. EXPRESS OR IMPLIED INCLUDING. BUT
<br /> related subject matter hereof, No other 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 condltlons 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 .welch is found to be defective. In the event the
<br /> 1. Customer Rssponsfbltllles. Customer shall furnish all facilities Qwest rearranges in accordance with this Proposal
<br /> surveys and a description of the site. Customer shall bs era owned by the Customer, In addition to re-performing the
<br /> responsible for. and severe and pay for all necessary WorK, Qwest will agree restore the work location to its
<br /> permits. approvals, easements. assessments and any other original condition. Qwest snail 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 appllcabls, to Qwest upon demand.
<br /> Qwest shall be under no obtlgagon whalsoavsr and lha 8. Changes. Changes In the Work, an ad)ustment to the
<br /> Customer assumes all responaibtUry to contact and make proposal price or the limeframe for the Work shalt De made
<br /> arrangements wfth any third parties, such as power by change order specifically staled in writing, The cost or
<br /> companies. railroads. cable companies, or other credit to the Customer from a change shall be determined by
<br /> telecommuniglions companies to arrange for the relocation mutual agreement.
<br /> of wires and equipment or the temporary disconnection of
<br /> the transmisslon of electtlclry. Customer agrees to Indemnify 9. Safety and Environrrtental Conditions. Customer
<br /> Qwest for any claims, damages ar expanses related to understands and acknowledges shat should Qwest
<br /> Customer's failure to obtain the necessary psrmisslons or encounter a hazardous substance and determine that such
<br /> perform such other responsibllltiss desuibed herein. substance presents a heaitlror physical hazard. Qwest may.
<br /> without penalty, discontinue work under this contract.
<br /> 2. Qwsst Responslbltitlss. Qwest shall sup®rvlss and
<br /> direct tf?s Work under this Proposal and shall be solely 10. Termination. In the event Customer elects to
<br /> responsible for construction means, methods, techniques. abandon the project and terminate tttis contract for
<br /> sequences, procedures of the Work and any safety Customer's convenience, C:west shat) be paid foe all Wor1t
<br /> precautions assoGated with the Work hereunder. executed and any expense sustained plus a reasonable
<br /> profit.
<br /> 3. Concealed/Subsurface 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, Title to Equipment and Faeillues. Title to, and
<br /> Work, differing materially from those ordinarily enwuntered ownership of all lines, equipment and other property installed
<br /> and generally recognized as inherent in the work, the or constructed by Qwest In conneUion with this Agreement
<br /> Proposal Charges shall be equitably adjusted by change or the provisioning of Service is and remains with Qwesl,
<br /> order upon written daim by etcher party made within twenty Customer does not Overt fBCililies placed es a result of the
<br /> (20) days otter the first observance or such conditions, Work perromted untler lht6 Proposal, those tactlities are
<br /> awned solely by Qweal•
<br /> d, Limitation Of Liability, NEITHER PARTY SI~O.LI. BE
<br /> LIABLE 70 THE OTHER FOR ANY INCIDENTAL, 12. TeleCOmrnuMcations Services. This Proposal is
<br /> INDIRECT. SPECIAL OR CONSEQUENTIAL DAMAGES independent, separate, and distinct from any local exchange
<br /> OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY Or Other teteCOmmunications or other service Qwest currently
<br /> L055 OF USE, LOSS OF BUSINESS OR LOSS OF provides, or mdy provide in the future to Customer, whether
<br /> PROFIT; provided. however, there shall be no limkation on a or not Owest provides or may provide such ServiC@S to
<br /> party's liability to the other for any fines or penalties Impos®d Customer using the Qwesl equipment and faalities to which
<br /> on (he other party by any court of Competent jurisdiction ar this Proposal refers. As such, Customer shall be
<br /> ?seeral, state or local administrative agency resulting from responsible for paying for such other local exchange or other
<br /> the failure of the party to comply with any term or eonditlon lelacommunicatlons or other services separate from the
<br /> of this Agreement Or any valid and eppticable taw, ruts or payment requirements of this Proposal.
<br /> regulation.
<br /> 13. Routing of Services. In connection wish providing
<br /> 5. Force Majeure. In the event the performance oI Qwest telecommunications or ocher services over the facilities
<br /> is interrupted or prevented by an event. not due to Its own placed as a resuH of the Work pertorrned under this
<br /> lault, that was not reasonably foreseeable and could not Proposal, Qwest may select and use any switches, other
<br /> have been prevented through the exercise of reasonable equipment, software, or taetlHies that Qwest chooses. In the
<br /> care ("Event of Force Majeure'}, then thg periermanoe of even) of out-of-servlca condltlons of any kind, which affect
<br /> Qwest's obligations hereunder shall be suspended until such faGlitiea described in the Proposal, Qwesl may take steps to
<br /> lime as the Event of Force Majeure has been eliminated. supply alternate routes, switches, equipment, and faCililie6 t0
<br /> QweBt shall use its best aHor1 to ellminate an Event of Force correct such out•of•service conditions of any services using
<br /> Majeure, Ina affected faGlltles.
<br /> e. Disputes. Any claim. controversy or dispute between the
<br /> parilas shall bs resolved by binding arbitratlon In accordance
<br /> with the Fetleral Arbitration Act, 9 U.S.C. t-tti, eat state law.
<br /> Proposal igi 2001 Qwest Corporation Page 2 version; 05-19-Of)
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