|
<br />ATST Agreement
<br />Individual Case Basis Terms & Conditions For State Local Euchange Carrier Telco Services
<br />In the event of a Service interruption, a credit allowance will be made for the affected portion of the Service to the extent
<br />specified by Tariff. No other liability shall attach to AT&T as a result of such interruption to Service. THE FOREGOING
<br />REPRESENTATION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS
<br />OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
<br />FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST AT&T , FOR LOSS OR
<br />DAMAGE CAUSED BY, OR ARISING IN CONNECTION WITH, THE PERFORMANCE OR NON-PERFORMANCE OF THE
<br />SERVICE PROVIDED PURSUANT TO THIS AGREEMENT SHALL BE THE OBLIGATIONS OF AT&T AS SET FORTH IN
<br />THIS AGREEMENT.
<br />Equipment and facilities furnished by AT&T on Customer's premises, or any property, shall be returned to AT&T in good
<br />condition, reasonable wear and tear thereof excepted. In case of damage, loss or destruction of any of AT&Ts equipment or
<br />facilities, and not due to the negligence of AT&T; or to fire, storm or other like casualty, Customer shall pay to AT&T the lesser
<br />of the value of the equipment, facility or line damaged, lost or destroyed, or the cost of restoring it to its original condition, as
<br />the case may be, less ordinary wear and tear.
<br />9.
<br />9.1 Confidentialitv. Customer requests that its identity be kept confidential and not be publicly disclosed in connection with
<br />any required regulatory filings by AT&T or the California Public Utilities Commission (CPUC), unless required by law.
<br />9.2 IntraLATA Usaae. Customer's locations with average monthly inbound and outbound intraLATA usage volumes equal to
<br />or greater than 8000 minutes of use, are defined as High Volume Locations. All other Locations are defined as Low
<br />Volume Locations. AT&T Califomia will provide a list of the High Volume Locations to Customer prior to the Effective
<br />Date of the Pricing Schedule. All new locations are assumed to be Low Volume Locations until AT&T California evaluates
<br />the actual usage volumes. The Locations List and all new locations shall be evaluated and updated on the anniversary
<br />date of this Pricing Schedule or as otherwise mutually agreed to insure that Locations are in the proper category.
<br />9.3 Direct Dialed Callinq Card. The Direct Dialed Calting Card "per message" service and pay phone charges set forth in
<br />AT&T Califomia's Tariff Schedule D.11 shall also apply. Calling card calls that originate outside of AT&T California's
<br />franchise territory or are operator assisted are not included in this Agreement and such calls will be billed at the prevailing
<br />tariff price.
<br />9.4 The IntraLATA Local Toll and Direct Dial Local (Zone) 3 Service provided under the Pricing Schedule shall be billed in
<br />initial increments of eighteen seconds and subsequent increments of one second. Direct Dial Local and Zone Usage
<br />Measurement Service (Zone 1 and 2) provided under the Pricing Schedule shall be billed in increments of one minute.
<br />Custom 8 service shall be billed in 1/1000th of an hour increments. The monthly recurring charge for Custom 8 is not
<br />included in the Custom 8 per minute price.
<br />9.5 Customer must maintain a minimum annual average message (call) length of one minute for the following Cal'rfornia
<br />Services provided hereunder: IntraLATA Toll, Direct Dialed Calling Card and/or IntraLATA Local Toll and Direct Dial
<br />Local (Zone) 3 Service. If Customer fails to maintain an annual one minute average call length for any of the Services,
<br />Customer will be charged the difference between the price(s) for the actual call length average and the price(s) for the one
<br />minute average. The discount prices will take effect within fifteen days of the Commencement Date of the Pricing
<br />Schedule, except that the discount price for billed telephone numbers ("BTNs") installed in the forty-five day period prior to
<br />the Commencement Date or anytime thereafter will take effect on the next bill round date after the Commencement Date.
<br />9.6 Unless otherwise stated in the Pricing Schedu/e, the prices set forth in the Pricing Schedules do not include applicable
<br />Federa/ Access End User Common Line Charges, /oca/ number portability charges, CPUC or FCC mandated surcharges
<br />or applicable taxes, toll usage, directory listings or other miscellaneous Tariff charges. Applicab/e Federa/ Access End
<br />User Common Line Charges, loca/ number portability charges, fariff prices, surcharges and taxes will be billed on a
<br />monthly basis. AT&T Califomia's Tariff Schedule Cal. P.U.C. No. A2.1.33, surcharges/surcredits, are not applicable to
<br />the prices sef forth in the Pricing Schedules.
<br />9.7 Except if specified in a Pricing Schedule, the Services set forth in the Pricing Schedules do not include intrabuilding
<br />network cable, Simple Inside Wire, repair services for such cable and wire, wiring associated with Customer-provided
<br />terminal equipment, Off-premises station mileage, or usage associated with Foreign Exchange Service, Data Lines, or Tie
<br />Lines.
<br />CONF/DENTIAL /NFORMATION
<br />Except with respect to Services provided in Ohio, this agreement is for use by authorized employees of the parties hereto only
<br />and is nof for genera/ distribution within or outside their companies.
<br />Agreement for ICB State Local RBOC_reg
<br />Exchange Telco Services Page 6 of 7 02/07/07 Iv9099
<br />?.?r.s?m?r?r,: ,. ?. ,., ,?,??m..?? ,?c????a?»?,,. ? ....t ? ,?? E?._•P?. ? ? m.???? ., ?,.,. ,; ?
|