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M <br />t U-. . -va. ~.- <br />RG-25-0059 <br />(42002) <br />This Proposal, all terms and conditions and the tariff, if applicable, constitute the entire Agreement and supersede all <br />previous agreements between Qwest and Customer relating to the subject matter hereof. <br />1. Customer Responsibilities. Customer shall furnish all surveys and a description of the site. Customer shall secure~and <br />pay for all necessary permits, approvals, easements, assessments and any other charges required for the Work to be'. <br />performed under this Proposal. Qwest shat! be under no obligation whatsoever and the Customer assumes all <br />responsibility to contact and make arrangements with any third parties, such as power companies, railroads, cable • <br />companies, or other telecommunications companies to arrange for the relocation of wires and equipment or the tem~grary <br />disconnection of the transmission of electricity. <br />2. Qwest Responsibilities. Qwest shall supervise and direct the Work under this Proposal and shall be solely responsible <br />for construction means, methods, techniques, sequences, procedures of the Work and any safety precautions associated <br />with the Work hereunder. <br />3. Concealed/Subsurface Conditions. Should concealed conditions be encountered below the surface of the ground,:l,or <br />in an existing structure, during the performance of the Work, differing materiaNy from those ordinarily encountered ~an~ <br />generally recognized as inherent in the Work, the Proposal Charges shall be equitably adjusted by change order upon <br />written claim by either party made within twenty (20) days after the first observance of such conditions. <br />4. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE 07HER FOR ANY INCIDENTAL, INDIRECT,, <br />SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, <br />LOSS OF BUSINESS OR LOSS OF PROFIT; provided, however, there shall be no limitation on a party's liability to the . <br />other for any fines or penalties imposed on the other party by any court of competent jurisdiction or federal, state or local <br />administrative agency resulting from the failure' of the party to comply with any term or condition of this contract or any' <br />valid and applicable law, rule or regulation. ~ • <br />5. Force Majeure. In the event the performance of Qwest is interrupted or prevented by an event, nat due to its own <br />that was not reasonably foreseeable and could not have been prevented through the exercise of reasonable care ("Eut <br />of Force Majeure"), then the performance of Qwest's obligations hereunder shall be suspended until such time as tt~e' <br />Event of Force Majeure has been eliminated. Qwest shall use its best effort to eliminate an Event of Force Majeure. <br />6. DISPUTES. Any claim, controversy or dispute between the parties shall be resolved by binding•arbitration ir1 ac~otdance <br />with the Federal Arbitration Act, 9 U.S.C. 1-16, not state law. ~ ' <br />'i <br />I <br />7. Warranty. All workmanship is guaranteed against defects for a period of six (6) months from the date of completion. <br />THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, 8UT NOT <br />LIMITED TO, ANY OTHER WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. the <br />exUusive remedy for Customer under this Proposal shall be that Qwest will re-perform any part of its work which is folrnd <br />to be defective. Qwest shall not be responsible for damage to its work by other parties or for improper use of the ', '~~ <br />equipment by others. j <br />8. Changes. Changes in the Work, an adjustment to the proposal price or the timeframe for the Work shall be made?by <br />change order specifically stated in writing. The cost or credit to the Customer from a change shall be determined by <br />mutual agreement. <br />9. Safety and Environmental Conditions. Customer understands and acknowledges that should Qwest encounter a <br />hazardous substance and determine that such substance presents a health or physical hazard, Qwest may, without <br />penalty, discontinue work under this contract. <br />10. Termination. In the event Customer elects to abandon the project and terminate this contract for Customer's <br />convenience, Qwest shall be paid for al( Work executed and any expense sustained plus a reasonable profit <br />