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~i RG25~059 <br />N-~Z) <br />Tlhis 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 />play for all necessary permits, approvals, easements, assessments and any other charges required for the Work to be <br />performed under this Proposal. Qwest shall be under no obligation whatsoever and the Customer assumes all <br />r~sponsibiJity 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 temporary <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 />fnr Construction means, methods, techniques, sequences, procedures of the Work and any safety precautions associated <br />wlith the Work hereunder. <br />3 Concealed/Subsurface Conditions. Should concealed conditions be encountered below the surface of fhe ground; or <br />irj a~n existing structure, during the performance of the Work, differing materially from those ordinarily encountered and <br />generally recognized as inherent in the Work, the Proposal Charges shall be equitabty adjusted by change orderupon <br />v~ritten 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 OTHER 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 shat( 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 focal <br />aidrfiinistrative agency resulting from the failure of the party' to comply with any term or condition of this contract or any <br />vfalid and applicable law, rule or regulation. <br />a. Porte Majeure. In the event the performance of Qwest is inferrupted or prevented by an event, not due to its own.fault, <br />that was not reasonably foreseeable and could not have been prevented through the exercise of reasonable care ("Event <br />df force Majeure"), then the performance of Qwest's obligations hereunder shall be suspended until such time as'the <br />I~v@nt of Force Majeure has been eliminated. Qwest shall use its best effort to eliminate an Event of Force Majeure. <br />• 8. pISPUTES. Any claim, controversy or dispute between the parties shall be resolved by binding•arbitration in accordance <br />vyit~ the Federa! Arbitration Act, 9 U.S.C. 1-16, not state law. <br />X. uVarranty. Alt workmanship is guaranteed against defects for a period of six (8) months from the date of completion. <br />~'H)S WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT <br />41MITED TO, ANY OTHER WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The <br />exclusive remedy for Customer under this Proposal steal! be that Qwest will re-perform any part of its work which is found <br />tq be defective. Qwest shall not be responsible for damage to its work by other parties or for improper use of the <br />$gr~ipment by others. <br />>~. Changes. Changes in the Work, an adjustment to the proposal price or the timeframe for the Work steal! be made by <br />~h~nge order specifically stated in writing. The cost or credit to the Customer from a change shall be determined by <br />mutual agreement. <br />~. 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 />ronvenience, Qwest shall be paid for al( Work executed and any expense sustained plus a reasonable profrt <br />