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Approved by Legal: <br /> <br />OHIO BELL INSTALLATION SERVICE CONTRACT <br /> <br /> FOR <br />TELECOMMUNI'~-'~ION FACILITIES <br /> <br />This Contract is entered into by and between THE OHIO BELL TELEPHONE COMPANY with <br />principal offices at 45 E'rieview Plaza, .Cleveland, Ohio 44114 (hereinafter "OHIO BELL")' and <br />l_ak~wood Fire Department <br />with principal offices at~: 12567 Clifton Blvd. Lakewood~ Ohio 44107 <br />(h ere inaft er "CU STOM ER").. <br /> <br />1. OHIO BELL shall install the following CUSTOMER owned telecommunication facilities: <br /> Cable #1 ' <br /> <br /> Cable #2 (SEE ATTACHED MEMO DATED JULY 30, 1991 <br /> <br /> Cable #3 <br /> All removed cable will be returned to City of Lakewood, <br />2. This Contract.shall become effective, as.of , 19 , and said installation <br /> services shall be completed on or before _, 19 <br /> If CUSTOMER, at any time and 'at its .sole discretion, terminates this Contract during the installation <br /> period, CUSTOMER shall be liable to.OHIO 'BELL for termination charges for equipment and material <br /> which may have already been received or ordered. <br />3. CUSTOMER aQrees to pay OHIO BELL Nineteen Thousand Two Hundred and no/100 dollars <br /> ($ 19,200.00' ' ) for installation Services within thirty (30) days after receipt of invoice. <br />4. OHIO BELL shall: furnish the necessary material, supervision, technical direCtion, labor, tools, equip-.. <br />merit, and necessary services required to install CUSTOMER's telecommunication .facilities. <br />5. The validity; construction, and enforceability of this Contract shall be.governed in all respect by the laws <br />and regulations of the State of Ohio and. of the United States. OHIO BELL reserves the right to amend <br />or terminate this Contract to conform it to any requirement of such laws or regulations, provided that <br />CUSTOMER shall .have the right after receipt of notice of such amendment to terminate this Contract. <br />6. Neither party shall be. liable to the other for non-performance or delays or failures in the 'performance of <br />obligations hereunder due to causes that are beyond the control and without fault or negligence of the <br />party unable to perform. If such contingency occurs, the party injured by the other's inability to perform <br />may elect to: (A) terminate this Contract or a part hereof as to material not already shipped or services <br />not already performed; (B) suspend this Contract for the duration of the delaying cause, and buy. or sell <br />elsewhere material or services to be bought or sold hereunder, and deduct from any commitment the <br />quantity bought ~ sold for. which commitments have been made elsewhere; (C) resume performance <br />hereunder once the delaying cause ceases with an option'available to the injured party to extend the <br />Contract period up to the length of time the contingency endured. Unless written notice is given within <br />thirty (30) days atter such injured party is apprised of the contingency, (C) shall be deemed selected. <br /> <br />ACCEPTED AND AGREED TO BY: <br /> <br />By <br /> Signature <br /> <br /> Name <br /> <br /> Title <br /> <br /> Date <br /> <br /> Customer Purchase Order Number <br /> <br />THE OHIO BELL TELEPHONE COMPANY <br /> <br /> Signature <br /> Pat Kander ' <br /> <br /> Name <br />Assistant Manaqer <br /> <br /> Title <br />November 267 1991 <br /> Date <br /> <br /> <br />