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Home My WebLink About3791 +--------------------------------------------------------------------------+ ::Browse: Next Previous First Last Update Delete Restart X - Exit + ::Retrieve the Next record + ::Found: 1 Record (5) MAINTAIN Contract Transactions + Contract Number 3791 + + + + + + =+= ::Vendor Name ::Subject +Department +Status Code + + =+= U S WEST COMMUNICATIONS SERVICES TRANSPORT - PRIVATE LINE - 100 OYSTER PW - OPS SVC BAY Insurance Type Amount Amount Begin Date End Date Review Date 12/05/1996 - - 12/30/2003 02/15/2005 =+= - - $0.00 - - .I, 1= t Insurance Total Insurance Review Date =+= Comments #WA02341 VAULT 01/01/2005 1= + +--------------------------------------------------------------------------+ +--------------------------------------------------------------------------+ "Enter Search Criteria, Press Esc Key to Transmit "Press Del Key to Terminate Delete Mode CHANGE Contract Number Contract Transactions 3791 = -Vendor Name "Subj ect , 'Department "Status Code U S WEST COMMUNICATIONS SERVICES TRANSPORT - PRIVATE LINE - 100 OYSTER PW - OPS SVC BAY T ,. ,. ,. ,J, Insurance Type Amount Amount Begin Date End Date Review Date 12/05/1996 12/30/2003 -. 02/15/2005 Insurance Total Insurance Review Date $0.00 -- Comments #WA02341 VAULT 01/01/2005 ., +--------------------------------------------------------------------------+ Agreement Number Billing Number ~-~'~ ~"._,~/~ ~ ~/~ U S WEST PRIVATE LINE TRANSPORT DS1 SERVICE AGREEMENT This ,s an Agreement between ~/~ ~ ("CUSTOMER"), ~d U S WEST COMMUNICATION~ INC. ("USWC"), for the provision of U S WEST Private Line Transpo~ DS1 Se~ice ("Serwce"). 1. SOO~E. Under this Agreement, CUSTOMER sh~l purchase and USWC sh~l suppl~ Service which ~ovides dedicated, digital 1.544 megabits per second, nonswitched, point-to-p~nt intrastate, intra~TA telecommunica~ons set.ce. USWC shall provi~ Service up to ~e Stand~d Ne~ork InteCace ("SNI'~ at CUSTOMER's premises. The SNI is that location where USWC's protected ne~ork facili~es end and CUSTQMER's inside w~re or ne~ork begins. USWC provides Se~ice in accord~ce wi~ the ~plicable Tariff, Price List, an~or Catalog for the state in which Ser~ce is provided, incorporated herein by this reference. Number of Circuits Ad.ess 2. TERM. This Agreement will commence on the latest signature date, (pr77d mandatory filing requirements are met. The term of this Agreement will expire -'~-/A' "~", - ,g~z~,.,~ ) months from either: a. The first installation date of Service (as evidenced by USWC's records), if Service is new; or b. The date of /----~-~ ET--/z~-,,~_. ,~. ,,,,.:~4,~ ~ Should USWC continue to provide Service after this term without a further agreement, the Service charges will convert to the applicable month-to-month rate under the terms and conditions of the applicable Tariff, or, in its absence, t~is Agreement. 3. CHARGES. CUSTOMER agrees to pay the following charges for DS1 Service: Total Monthly Recurring Charges ~-~/'~. //-~ Total Nonrecurring Charge $ ~ Applieabl® taxes shall be added to the above charges. The charges for Services under this Agreement, including any and ali discounts to which CUSTOMER may be entitled, wilJ be offered and charged to CUSTOMER independently from and regardless of the CUSTOMER's purchase of any customer premises equipment or enhanced services from USWC. 4. BILLING FOR SERVICE. CUSTOMER shaJl pay each bill in full by the payment due date. If late payment charges are applicable and permitted by law, they may be assessed and billed at 1 1/2 percent per month or the highest lawful rate, whichever is less, on the unpaid balance. 5. SERVICE CHANGES. CUSTOMER may move the physical location of all or part of Service to another location within the same USWC intrastate intraLATA serving area as this Service provided the following conditions for the move ("new service") are met; 1) the new service is provided to CUSTOMER by USWC, 2) CUSTOMER July 28 19~5 RG01-0143c advises USWC that the requested new serwce replaces existing Service, 3) CUSTOMER's requests for the disconnection of the existing Service and the installation of the new service are received by USWC on the same date, 4) CUSTOMER requests USWC to install the new service on or prior to the disconnection date of the existing Service, and, 5) CUSTOMER agrees to sign appropriate agreements and to pay all then current recurring and nonrecurring charges related to the new service. TERMINATION. Either party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other party and such cause is not corrected within such thirty (30) day period. Cause is any material breach of the terms of this Agreement. If USWC terminates this Agreement for cause, or if CUSTOMER terminates this Agreement WITHOUT cause, CUSTOMER shall pay discontinuation charges. If termination is prior to installation of Service, discontinuance charges shall De those reasonable costs incurred Dy USWC through the date of termination. If termination is after installation of Service, discontinuance charges will be calculated according to the Tariff, or where there is no Tariff, by taking the total monthly recurring charges for service terminated below 80°.4, at the time of termination, multiplied by the number of months (or fraction thereof) remaining in term, multiplied by fifteen percent (15%) plus all billed but unpaid recurring and all unpaid non-recurring charges. A termination charge will be waived when the CUSTOMER discontinues Services and ALL of the following conditions are met: 1) CUSTOMER signs a new service agreement for any other USWC provided service(s). All applicable nonrecurring charges will be assessed for the new service(s); 2) Both the current Service and the new service(s) are provided solely by USWC; 3) The order to discontinue Service and the order to establish new service(s) are received by USWC at the same time; 4) The new sauce(s) installation must be completed within thirty (30) calendar days of the disconnection of Service, unless such installation delay is caused by USWC; 5) The total value of the new service(s), excluding any special construction charges, is equal to or greater than one hundred fifteen percent (115%) of the remaining value of this Agreement; 6) A new Minimum Service Period, if applicable, will go into effect when the new service(s) agreement term begins; and, 7) CUSTOMER agrees to pay any previously billed, but unpaid recurring, and any outstanding nonrecurring charges - these charges cannot be included as part of the new service(s) agreement. 7. OUT-OF-SERVICE CREDIT. If USWC causes a Service interruption, an out-of-service credit will be calculated under stats Tariff. If there is no applicable Tariff and the interruption lasts for more than four (4) consecutive hours after USWC receives notice of it, USWC will give CUSTOMER credit calculated by: (a) dividing the monthly rate for the affected Service by seven hundred twenty (720) hours; and then (b) multiplying that hourly rate by the number of hours, or major fraction, that the Service was interrupted. 8. SERVICE SUSPENSION/MAINTENANCE. USWC may from time to time suspend Service for routine maintenance or rearrangement of facilities or equipment. USWC will give CUSTOMER advance notification of the Service suspension. Such Service suspension is not considered an Out-of-Service condition provided Service is restored by the end of the period specified in the notification. 9. PERSONAL INJURY; PROPERTY DAMAGE. Each party shall be responsible for any actual physicaJ damages it directly causes in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damage arising from negligent acts or omissions; PROVIDF"' HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUEN~- INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOS,. USE, LOSS OF BUSINESS, OR LOSS OF PROFIT 10. EMITATION OF UABIMTY. USWC SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND iNCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED IN SECTION 9, ANY USWC LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT SHALL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT UNDER THIS AGREEMENT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. 11. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR iMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. July 28, 1995 RG01-0143c 12. UNCONTROLLABLE CONDITIONS. Neither party shall be deemed in violation of this Agreement if it is prevented from performing any of the obligatians under this Agreement by reason of severe weather and storms; earthc~uakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emerger~c~es; acts cf legislative, judicial, executive or administrative authorities; or any other c~rcumstances which are not within its reasonable control 13. DISPUTE RESOLUTION. a. Other than those cJaims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, related directly or indirectly to this Agreement, whenever brought and whether between the parties or between one of the parties to this Agreement and the employees, agents or affiliated businesses of the other party, shaJl be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AAA"). b. All expedited procedures prescribed by the AAA shall apply. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator's decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. c. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 U.S.C. Sections 1-15) shall govern and control with respect to any issue retating to the validity of this Agreement to arbitrate and the arbitrability of the claims. d. If any party files a judicial or administrative action asserting claims subiect to arbitration, and another party successfully stays such action and/or compels arbitration of such claims, the party filing the action shall pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorney's fees. 14. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, reguiatians, court orders, and governmental agency orders including the Modification of Final Jud~nent ("MFJ"), as issued in United States v. Western Electric Co., et al., Civil Action No. 82-0192, U.S. District Court for the District of Columbia, and all subsequent orders issued in or related to that proceeding. This Agreement shall be governed by the laws of the state where Service is provided. 15. SEVERABILITY. tn the event that a court, governmental agency, or regulatory body with proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. Further, if USWC determines that this Agreement or a provision of this Agreement is inconsistent with the MFJ, this Agreement or that provision shall terminate upon written notice to the CUSTOMER to that effect, tf a provision of this Agreement is terminated but the parties can legally, commercially and practicably continue without the terminated provision, the remainder of this Agreement shall continue in effect. 16. GENERAL PROVISIONS. a. Failure or delay by either party to exercise any right, power, er privilege hereunder, will not operate as a waiver hereto. b. This Agreement will not be assignable by CUSTOMER without the express written consent of USWC. c. This Agreement benefits CUSTOMER and USWC. There are no third party beneficiaries. d. This Agreement constitutes the entireJJnderstanding between CUSTOMER and USWC with respect to Service provided herein and supersedes any prior agreements or understandings. July 28. 1995 RG01-0143c The parties hereby execute and authorize this Agreement as of the latest date shown below: CUSTOMEFI ., /, U S WEST COMMUNICATIONS, INC. Signature Sign at L(~le Name Printed or Typed/Title Name Printed or Type~VTitle 1/14/97 Date Date 239 4th St.~ Bremerton, WA 9833? Address for Notice Address for Notice July 28, 1995 RG01 -o143c