|
' i
<br /> . ~~1~ ~`~t~~~`~~~5 Jib ~8~A3~ 2
<br /> •
<br /> The Proposal, these Terms and Conditions ar~d all terms _and cond'€tians in the applicable tariff, catalog, yr price schedules cansti#ute the entire a `cement
<br /> ' between.the parties 4the "Agreement*~ and supersede all previous agreements between Qwest and Customer relating tv the Work aril related subj~t matter
<br /> hexeaf. No other terms and conditions are applicable, including but trot Limited to terms acid conditions a#tached to Customer's Purchase Order jPO~. In the event
<br /> That any applicable tanffs, catalogs, ,price schedtties, rules or statues pral~ibit perfom~ance ire accordance with the terms of the Agreemen#, or have the effect of
<br /> modifying, superseding, or suspending pravrsians of the Agreement prior to performance by a Party hereunder, then to the extent of such inconsistent , 'the
<br /> Agreement .may become Huff and void, and the Parties may elect #a enter into anew agreement ar an amendment of the Agreement to conform to such tariffs,
<br /> . ~cltalag5, pnCe lists, rules or statues, '
<br /> • i. Customer Responsibilities. •CttstQmer shall furnish al! applicable surveys refers. Customer shall toe responsible for paying for aR other local exchari e
<br /> and a descnptron of the Customer .she. ~Cuatomer shall be responsible #ar, ar other services se orate from the g
<br /> A payment requirements of tfre Agreement. `
<br /> ar:d see;ure and• pay for alt necessary pemtits, approvals, easements, 8. Warranty. Qwest ,shall per#orm the Work irr a professional.. manner,
<br /> assessments and any other barges required far the Wrxk to ~ performed consistent wig Industry standards, and shall conform to tlie specifications
<br /> under the Agreement on the C`ustomer's Premises. Customer agrees to set• forth herein. All workmanship far the YVark perfarrned under the
<br /> provide copies of the same, along with any tiling information if applicable, to .Agreement is guaranteed against defects, for a period of siX ~6} months from
<br /> Qwest upon demand. the date of campletivn. THlS VYARRANTY IS IN LIEU OF ALL . pTHER
<br /> WARRAhlTIES, ~(PR~SS OR ltl~l~hll~D tNCLllDlititG BUT NOT LII~IITED
<br /> ~2. CarrcealedlSubsurface Conditions. Should concealed conditions be T0, .ANY QTIiER~ YyARRANTY pF ~RERCHANTAgll.1TY OR FITNESS
<br /> encountered tielow the surface of the ground, or in an existing stricture, FOR A PARTICULAR pURPQSE AS APPLICASt.~ TO TE3E WQRK
<br /> • during the performance of the Work, differing materially ram those ordinarily ~ P~RfOI~M~I~ UMDER THE AOREE#~EtttT. The exclusive remedy far a
<br /> • epcrountered and generally recognized as inherent in the .Work, the breach of this warranty shalt be that Qwest will re~perfarm any part of the
<br /> Agreement Charges shall be equitably adjusted by Change Order upan• Work which is found to be defective, Qwest shall not be res nsible for
<br /> wntten clam by tribe` party made within twenty days aster the first damage to its work by atl~er parties ar for improper use of the eq pment by
<br /> observance of such car;d~rans. others.
<br /> 3. Sa#eiy aid ~nvironrnental. Customer understands and aclcnawle~iges g, .General. This Agreement shall be governed by tl~e state within in whicic
<br /> that should Cwcst encounter a,#~axardaus substance and determine that the #acilities are located, or In the pose of interstate facilities file laws a# the
<br /> ' such s~rbstance presents a health or physical .hazard, C~west may, without State of New York, without ~gard to its choice of law principles; .provided j
<br /> penalty, discontinue wank udder this contract` hawe~ver, that Work may also be su~ect to the ~ammunlcatans Act of 1934,
<br /> • as amended ar appicable State tariff, catalogs or price lists. Neither party's j
<br /> 4. Changes. Changes irr the Work, an adjustment to the proposal p or failure to insist upon strict perfomaance of any pravis~n of this Agreem$rrt
<br /> the timeframe for the Work. shall be made by Grange order specifically shall tie construed as a waiver of~any of its rights hereunder. Customer may
<br /> stated in writing between ~e pates, The cast ar credit to the-Customer from Hat assign this Agreerent or any of its rights ar abltgatior3s~ hereunder
<br /> a cfrar~ge shat! be deterrrnned by mutual agnisrnent, without ~e .prior written consent of west, which consent will Hat be
<br /> 5. Termination. In the event Customer elects to abandon the project and unreasonably withheld. C~rstomer may not assign to a reseller or a
<br /> terminate this contrac# fo.r~CustQmer's ~onvenier~e, (west shall be paid far cot~rnur~ica#ion~ carr~ar under any circumstances. "fhis Agreement is
<br /> all Wark executed and any,, reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall Hat •
<br /> fierminalron. . benefit or be enforceable by any other person ar entity. All amendments to •
<br /> this Agreement shall be in writing and si ned byr. the parties' a~orized
<br />
<br /> ` f. True to Equipment and Faalities. Tide to and ownership of all lines,: representatives.
<br /> Y ~3~ 5
<br /> • .equipment and other property installed or canstructeci b {west in -~Y:w'_~~;~~~~~:-r~.r .a ~r'N - .
<br /> carrnectiarr with the Agreement or the provisiorrin of Service is i ~ . , . ~ ~ ~ • ~ ~ Qwest .
<br /> g and `erne ns may act irr reliance upon any instruction, instrrtmerr#, or signature reasonably
<br /> with Ciwest. Customer does not~own facilities placed as a result of tf~e Work. ~ believed by Owsst to ire .genuine and Customer agrees that any employee of
<br /> performed underthe Agreement, those facilities are ownedsolely by-Owest. Ctstomer who glues arty written notice ar other instruction has the authadt
<br /> • ~ ~ to dQ sa, ~
<br /> Other Cornmunicatians Services. The Agreement is independent,
<br /> . separate, and distinct frnm'any local exchange or other commuri~ations ar t~. far Qwest Affiliate Transactions Only. if under applicable taw, this
<br /> •other service Gtwest currenity provides, ar may. provide in the future to Agreement, ar notice thereof, must be tiled w~h a governmental en
<br /> .Customer, whether or. Hat Qwest• provides or may provide such services to including but Hat lin'irted to a s#ate public utility commission, this Agreament~
<br /> Ct~tomer using the C~west equipment and #acill~es to which the Agreement shall not •become effective with respect to any jurisdiction having such
<br /> ' requirements until the #ilir?gs have occurred,
<br /> . .
<br /> l~rt~msat ~ 20gt t~west Carparation Page 2
<br /> Version: ~~•1~-4~
<br />
<br />
|