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<br />The l~ropasal, these Terms grid Conditions and all terms and conditions in the applicable tariff, catalog, or price schedules constitute the entire agreement
<br />between tl~e past#es ate "Agreement'} aril supersede ail previous agreements between Qwest and Custorr~er relating to the 1~11ark and related subject matter
<br />hereof. No other terms and conditions are applicable, including but riot limited to terrris and canditior7s attached to Customer's F~urchase Drder ~PD~. In the event
<br />that ar~y applicable tariffs, catalogsr pride scC~edule, rules or stati.ses prahilr~it performance ire accordance with the terms of the Agreement, or have the effect Qf
<br />modifying, superseding, or s~asperiding provisions of the Agreement prior to porforma~ice by a Party hereunder, than to the extent of such inconsistency, the
<br />Agreement may becar~e null and void, and the Parties may elect to enter into a new agreement €~r an amendment of the Agreement to corifarrn to such tariffs,
<br />catalogs, price lists, rules or statues,
<br />1. Customer Responsibilities. Customer shal# furnish all applicable surveys
<br />ar~d a description of the Customer site. Customer shall be responsible fort
<br />aril secure and pay for all necessary permits, approvals, easements,
<br />assess€~ents and any other charges required far the ~Nork to be performed
<br />under the Agreement on the Customer's Premises, Customer agrees to
<br />provide cop€e of the same, a#ong with any filing information if applicable, to
<br />C~west upon demand.
<br />ConcealedlSubsurface Conditiar~s. should concealed conditions be
<br />encountered below the surface of the ground, or in an existing structure,
<br />during the performance of the Mork, differing niateria##y from those ordiriariiy
<br />encountered and general#y recognised as inherent in the vVork, the
<br />Agreement Charges shall be equitab#y adj~€sted by Change Drdor upar~
<br />written claim by either party made within twenty 4~} days after the first
<br />observance of such conditions,
<br />~. Safety and ~r~vironrnerital. Customer understands and acknowledges
<br />that should Dv~rest encounter a fia~ardous sui~starace a.nd determine chat
<br />such substance presents a health ar physical hazard, Qwest may, without
<br />penalty, discor~tin~€e work under this contract.
<br />~, Changes. Changes in the 1l41or#c, an adjustment to the proposal price or
<br />the tlrnefrarne for the yilark shall be made by Change Drcfer specifically
<br />stated in writing betv+reen the parties. The cost or credit to the Customer from
<br />a change s#~al# be deterrninod by mutual agree€nent.
<br />~, Tert1"iination. In the event Customer elects to abandon the project and
<br />terminate this oontract for Customer's convenience, Qwest shall he paid for
<br />all 1~lark executed and any reasonable expense sustained as of the date of
<br />termination,
<br />~, Title to E '
<br />u~ meat and l=aciliti .
<br />es Title to n r '
<br />q p , a d owrie ship of all lines,
<br />equipment grid other property installed or constructed b Dwest in
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<br />connection with the Agreement or the provisioning of Service is and remains
<br />with Qwest. Customer does riot own facilities placed as a result of the fork
<br />performed ur}der the Agreement, those facilities are awned solely by Dwelt.
<br />7. Dther Communications Services. The Agreement is independent,
<br />separate, and distinct from any local exchange or other cammunicatior~s or
<br />other sorvice C~west currently provides, or may provide iri the future to
<br />Custarrior, whether or not Dwelt provides or may provide such services to
<br />Customer using the Dwct equipment and facilities to which the AgreerYient
<br />refers. Customer shall be resporis#ble far paying far all other local exchange
<br />or other services separate frorr~ the payment requirements of the Agreerr~ent.
<br />8. 1~arranty. Qwest shall perform the v~arlt in a professional manner,
<br />consistent with industry standards, and shell conform to the specifications
<br />set forth herein. All workmanship far the 1NoriE performed under the
<br />Agreement is guaranteed against defects far a period of six ~~~ months from
<br />the date of completion, THE WAR~ANT'~ # IN ~,I~,U ~~ ~~.~. ~TI~~R
<br />UU~RI~ANTI~S, ~Cl~R~~ ~R IMPI*I~~ INCLUDING ~t~T NQT E..IIVIIT~~
<br />TG, ANY C}T~~R AR~ANTY G~ ~RCNAI~T~~f~,fTY DR 'ITN
<br />FAR A I~~ITICU~.AR RUl~PQ~ AS AP~~,ICA~~ TQ THC= V~GRK
<br />R~RC=Gf~~ID fJN~Ef Tl~~ AGR~~IENT. The exclusive remedy #or a
<br />breach of this warranty shall be that Cwest will re~perfarm any part p# the
<br />arIC which is found to be defective. C~west shall not be respor#sible far
<br />damage to Its work by other parties or for improper use of the equipment by
<br />others.
<br />9, er~eral. This Agreement shall be governed by the state within in which
<br />tC~e facilities are located, or irr the case of interstate facilities tl~e laws of the
<br />State of New Yorkr without regard to its choice of law principles; provided
<br />however, that 1~1or#c may also be subject to the omrriur~ications Act of f~~4,
<br />as amended ar applicable State tariff, catalogs or price lists. Neither pasty's
<br />failure to insist upon strict performance of any provision of this Agreement
<br />shall be construed as a waiver of any of its rights hereunder. Customer ray
<br />not assign this Agreer~ent or any of its rights or obligations hereunder
<br />without the prior written oansent of Qwest, which consent will not be
<br />unreasonably withheld. Customer may rat assign to reseller or a
<br />cammunicatior~ carrier under any circurristar~ces. This Agreement i
<br />intended solely for Qwest ar~d its affiliates and Customer and it shall not
<br />~aenefit or be enforceable by any other person ar entity. All amendr~erits to
<br />this Agreement shall be iri writ}ng and signer by the porkies' authorised
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<br />re resentatives. ~r~:.rf:~f~~:i~ t~i~`~::~ : o~n : t~~ ~~``~~;: `~ ,a:;
<br />............ ..... .. ................. .. .... ... :. :. .. .: .. .:::. r:: ':: '. ~ . :::.... :. :.. ... .
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<br />may actin reliance upon any instruction, instrurneri#, or signature reasonably
<br />believed by Qwest to be genuine and Customer agrees that any employee of
<br />Customer who gives any written notice ar other instruction leas the authority
<br />to do so,
<br />10. l~or C~west Affiliate Transactions Daly. if under app!#cabie law, this
<br />Agreomerit, or notice thereof, must be filed with a governmental entity,
<br />including but not limited to a state public utility cometissior~, this Agreerr~ent
<br />shall not become e#fective with respect to any jurisdiction having such
<br />requirements until the filings have occurred.
<br />Proposal ~ ~g1 Qwest C~rp~r~tior~ Page ~ version: 0.1~-~8
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