|
Terms sn~' Conc~i~ions Job H8RA312
<br /> ~ ~ Authorization No:
<br /> $Eri'rif 6'1 Sef€'fte
<br /> The Proposal, these Terms and Conditions. and all terrns and conditions. in the applicable tariff, catalog, or price schedules constitute the entire agreement
<br /> beiween:tlre parties {tfre "AgteemenYg and supersede all previous agreements between Qwest and Customer relating to the Worts and related subject matter
<br /> hereof. No other terms and condftions are.. applicable, including but not Umited to temrs and conditions attached:to Customer's t'urchasearder(PO). In the event
<br /> that any applicable tariffs, catalogs, price schedules,. rules or statues. prohilzit performance in acr~rdance wrth the terms of the Agreement, or have the ef€ect of
<br /> modifying, superseding, or suspending provisib?is of the Agreement prior to.performance by a Party hereunder, then to the extent of such inconsistency, the
<br /> Agreement .may become null and. void, and the Parties may elect to enter into a new agreement or an amendment of fire Agreement to conform to such tariffs,
<br /> catalogs, price lists, rules or statues.
<br /> 1. Customer ResponsibilUies. -Customer strait famish ail applicable surveys refers. Customer shall be responsible for payingfor all-other local exchange
<br /> and a description of the Customer site. Customer shall be responsible for, or other services separate from) the payment requirements of the agreement.
<br /> and secure and pay for all necessary. permits, approvals,. easements, 8. Warranty. Qwest. shall perform the Work in a professional. manner,
<br /> assessments and any other charges required for the Work to be pedomred consistent with industry standards, and shall: conform to the specifications
<br /> under the Agreement on the Customer's Premises. Customer agrees to set forth herein. Ali workmanship for the Work performed under the
<br /> provide copies of the same, along with any filing information if applicable, to Agreemern is guaranteed against defeats, for a period: of six (6) months. from
<br /> Qwest upon demand. 'the date of completion. THIS WARRAN'1'~' IS IN LIEU OF ALL.OTHER
<br /> WARRANTIES, EXPRESS OR IMBUED INCLUDING B.UT NOT CtNIfTED
<br /> 2. Goncealed/Subsurface Conditions.. Should .coneeated condidions be TO, AriY OTHER iNARRANTY OF MERCHANTA61l:ITY OR ;FITNESS
<br /> encountered iielow the surface of the ground, or in an existing structure,. FOR A PARTICULAR PUF#POSE AS APPLICABLE'TO THE WORK
<br /> during the performance of Ute Work, differing materjaltyfrom chose ordinarily PERFORMED UNDER THE AGREEMENT. The exclusive remedy for a
<br /> encountered and generally recognized as inherent in the .Work, the breach of this warranty shall be that Qwest writ re-perform arty part of the
<br /> Agreement Charges shall be equitably .adjusted by ~Ctrange Order upon . Worts wtrfch is found to be defective. Qwest shall not be responsible for
<br /> wrttten claim by either party. made within twenty (20} days after the first damage to its work by other parties or for improper use of the equipment by
<br />
<br /> _ observance of such eoniiitioru. others.
<br /> S: Safety j=rrvrrcnmenfal. Customer understands and acknowledges 9. Caenerai. This Agreement shall be governed by the state withtn in which
<br /> than shouldwest ,encounter a hazardous substance and detem?[ne that the facilities are located, or in tfte case of inters#ate fac~ities ilia laws of fire
<br /> such substance presents a heaHh or physical. riazard, .Qwest may, without State of New York, wHhout .regard to its choice of law principles;,provtded ,
<br /> penalty, discontinue work under this contract. ~ however, that Work may also be subject to ihe3Communications Act of i 934,
<br /> as amended. or applicable State tariff, ca#abgs or price Usts: Neither party~s
<br /> 4. Changes. Changes in •the Work, an adjustment to the proposal price or failure to insist upon strict performance of any provision of this. Agreerrrent
<br /> the timeframe for the Work shall be made by .Change Order specifically shall be constnred as a waiver ofarry of its rights hereunder. Customer may
<br /> stated in writing between the ponies. The cost orcredtt to theGustomerfrom not assign this Agreement. or any of its- rights or obligations hereunder
<br /> a change shall be determined by mutual agrieegrertt. without the prior written consent of Qwest,. which consent will not be
<br /> 5. Termination. In the event Customer elects to abandon the project and unreasonably withheld. 'Customer may not assign to a reseller or a
<br /> terminate this contract for Customer's convenience, tlwest shalt be paid far , communications carrier unrier any cxcumsiances. This Agreement is
<br /> ail Work executed and any; reasonable expense sustained as of-the date of intended solely for Qwest and ifs aftUiates and Customer and it shall not .
<br /> termination, benefit or be enforceable ~y any other person or entity. Alf amendmenfs to
<br /> this Agreement shall be in writing and sf ned4by.ffie parties'~audtorized
<br /> d e to qu pment and FacUitres. Title to, and ownership .of all Unes,: re resentatives. {n
<br /> <:.,s:., ~ t:
<br /> equipment and other .property +nstalled or constructed by Qwest in ~~r# _ • C~west
<br /> ..connection wfth the Agreement or rho pravisroning of Service is and remains may act in reliance upon any insinrclron, instrument, or signature reasonably
<br /> with Qwest. Customer does natown facilities placed as a result of the Work. • believed by Owest to be genuine and•Customer agrees that any smp?oyee of
<br /> performed under the Agreement, those faciUties ate owned solely byQwest. Customer who glues any written notice or ocher instniction has the authority-
<br /> to do so.
<br /> 7. Other Communications Services. The Agreement is independent,-
<br /> : separate; and.distinet from'any local exchange or other communications or 10, far Qwest Affiliate Transactions Only. tf under applfeabie taw, this
<br /> other service Ciwest currently provides, or may. provide in. the future. to Agreement, or notice thereof, must be filed with a governmental ertiity,
<br /> Gustomer, wheRier or. not QwesL provides or may provide such services to including but not lirrtrted to a state pulific utility commission, this Agreement
<br /> Customer using the Qwesi equipment and facilities to which the Agreement shall not become effective wfih respect to any jurisdiction having such
<br /> ' requirements until the filings have occurred.
<br /> Proposal tcJ 2001 QwesiGOrywration Page 2 version: 05.76.08
<br />
<br />
|