HomeMy WebLinkAboutContract 41553-R1A ' APR 12 2011' 2 0 1 1 0 4 1 4 �
AT&T ILEC Intrastate Tariff Network Services Pricing Schedule
at&t for Texas HB2128 Eligible Customers CITY SECRETARY
Provided Pursuant to Custom Terms CONTRACT NO.
AT&T Agreement Reference No.[UA Only] 138256UA
*Note:This document may be used as a Pricing Schedule only if attached to an Agreement referred to internally at AT&T as a UA MSA, UA
MA or UA SSTC.
AT&T Case Number(for AT&T internal use only): 253755.1.1
If applicable,this Pricing Schedule supersedes case#
Customer "Customer" AT&T "AT&T"
City of Fort Worth For purposes of this Pricing Schedule,AT&T means the Service
1000 Throckmorton Provider specifically identified herein.
Fort Worth TX 76102 USA
Customer Contact(for notices) AT&T Sales Contact Information and
for Contract Notices ®Primary Sales Contact
Name: Sean Malone Account Rep Name: Mark McCarty
Title: IT Title:Account Manager
Telephone: 817-392-6068 Fax:817-293-8654 Telephone: 817-884-9463 Fax: 214-761-8164 Email:
E-mail: sean.malone @fortworthgov.org mm8932 @att.com
Address for notices if different from above: Street Address: 1116 Houston St
Street Address City: Fort Worth State:TX Zip Code:76102
City With a copy to:
State Zip Code AT&T Corp.
USA One AT&T Way, Bedminster, NJ 07921-0752
Attn: Master Agreement Support Team
E-mail: mast att.com
AT&T Authorized Agent or Representative Information if applicable)❑Primary Sales Contact
Name: Company Name:
Agent Street Address: City: State: Zip Code:
Telephone: Fax: Email: Agent Code
This Pricing Schedule is a part of the parties'Agreement referenced above. Customer agrees to purchase Service described
in Sections I and II below, in the quantities and according to the prices and terms and conditions set forth in this Pricing
Schedule, the Agreement, and in the applicable Tariffs. The Parties acknowledge and agree that this Pricing Schedule
represents individual case pricing that is offered to Customer because of the unique or specialized conditions of the AT&T
business services purchased by Customer. The rates, terms and conditions of this Pricing Schedule are available only to
qualifying entities under Texas HB2128. Customer acknowledges the possibility of purchasing the Services provided
hereunder from other providers. Service is provided by the AT&T Incumbent Local Exchange Carrier(ILEC)Affiliate identified
below as the Service Provider. References to "Pricing Schedule" refer to this Pricing Schedule and any attachment attached
hereto,and incorporated by reference herein. 1Cp
This Pricing Schedule is effective on the date this Pricing Schedule is last i ed f 6CQRD shall remain in full
force and effect for the Term of the Pricing Schedule as identified below.
CI'T'Y SECRETARY
r Customer hereby acknowledges receipt of the AT&T customer buildi g/�+tp me t for the fiber-based
Service which describes the physical conditions of customer premises that mus�f 6'b� b ore Service can be
installed. Note: Customer site preparation is a major factor impacting servic
®Above statement does not apply.
Customer( its authorized representative) AT&T(by its rized re esentative) �1 ;
B :
Prin ed or Typed
Name: Ka.cn L. Mont over Printed or Typed J
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B � Name: CONTRACT SPECIALIST CUSTOMER CL� ~+i "�`A>� �
Title: 85 s an ty Manager Title: '�" oa°mss �01
Date: Date: - - c ON10�
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Texas_HB2128_P /�/10 1 9� ��/. � o
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Party Hendrix, City ocr
at&t
ILEC Intrastate Tariff Network Services Pricing Schedule
a 1�&t for Texas HB2128 Eligible Customers
Provided Pursuant to Custom Terms
Service Provider: Southwestern Bell Telephone Company d/b/a AT&T Texas
Order Type: ❑ New Install
® Renewal of Service
Order Information and Term:
I. Service: Renewal of existing HB2128 Opteman circuit from customer premis @ 4201 N Main St to 500 W 3d, Fort
Worth,TX.
II. Service Location(s): AT&T will install and maintain Service at the quantities and Service location(s) as listed on
Attachment 1.
III. Service Term("Term"or"Minimum Payment Period"): 12 Months
IV. Existing Circuit ID(s)(if applicable): 12.L2XN.500159
V. Requested Installation Date: 6/1/2011
VI. Rates and Charges: In accordance with the Terms and Conditions attached hereto and incorporated herein by this
reference, AT&T shall provide Service in the quantities and at the locations designated in Attachment 1 at the
monthly recurring rates and one-time non-recurring charges designated in Attachment 1.
VII. Jurisdiction. Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the
Service(s)constitutes ten percent(10%)or less of the total traffic on the Service.
VIII. Attachments. Attachment 1 for Service Quantities, Locations, Monthly Rate and Non-Recurring Charges is
attached hereto and incorporated herein by this reference.
VIX. Additional Terms and Conditions: The terms and conditions for Service set forth in this Pricing Schedule are in
addition to those contained in the applicable Tariff(s).
A. Service Term. For the Service(s)offered under this Pricing Schedule,the Term for all Services shall begin on("Term Start
Date") (1) if this Pricing Schedule is only for"New Install" as checked above, on the date when the first Service at the first
Customer Site is installed and available for use by Customer pursuant to this Pricing Schedule,or(2)if this Pricing Schedule is
for"Renewal of Service"as checked above, on the Effective Date, and will continue for the Term as listed above. No rates or
discounts shall be applied prior to the Term Start Date. Upon the expiration of the Term, no rates or discounts provided under
this Pricing Schedule will apply to such Service.
This Pricing Schedule will expire when Service(s) or Service Component(s) are no longer provided under this Pricing
Schedule.
B. Payments. Payment is due within 30 days after the date of the invoice and must refer to the invoice number. Charges will
be quoted and must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks
are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including
reasonable attorney's fees. AT&T may charge late payment fees as specified in the applicable Tariff, at the rate specified
therein.
C. Termination for Convenience. The following termination provisions are only applicable to Services provided pursuant to
this Pricing Schedule.
1. If Customer cancels this Pricing Schedule prior to the Term Start Date, Customer will reimburse AT&T for time and
materials incurred prior to the effective date of termination, plus any third-party charges resulting from the termination.
2. If Customer terminates Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for
Customer's default, on or after the Term Start Date but before the scheduled completion of the Term, Customer shall pay a
termination liability of an amount equal to (a) all unpaid non-recurring charges (excluding non-recurring charges that were
waived or incorporated into the monthly recurring rates), (b)fifty percent (50%) of the recurring monthly charges rate for the
terminated Service(s) as set forth in this Pricing Schedule, multiplied by the number of months remaining in the term for the
applicable Service at the point of termination, and (c)any special construction liabilities. These charges shall become due and
immediately payable upon termination.
SW-1869TX Page 2 of 3 01/07/10v2 lv9099
Texas—HB2128—PS
AT&T ILEC Intrastate Tariff Network Services Pricing Schedule
aW for Texas HB2128 Eligible Customers
" Provided Pursuant to Custom Terms
3. Tariff and Regulations. This Pricing Schedule may be subject to the jurisdiction of a regulatory commission and will be
subject to changes or modifications as the controlling commission may direct from time to time in the exercise of its
jurisdiction. AT&T will, subject to the availability and operational limitations of the necessary systems, facilities, and
equipment, provide the Service pursuant to the terms and conditions in the Tariff. This Pricing Schedule may be filed with the
appropriate state commission. If approval is required and not obtained, then this Pricing Schedule will immediately terminate,
and Customer shall receive a refund of any non-recurring charge paid and pre-paid amounts for Service not received.
4. Governinq Law. This Pricing Schedule and any claims arising hereunder or related hereto, whether in contract or tort,
shall be governed by the domestic laws of the State of Texas.
5. Entire Agreement. In addition to the provisions in this Pricing Schedule, Services are governed by the Agreement,
applicable Texas state Tariffs, the Texas Public Utility rules and regulations, and the Texas Utilities Code. In the event of
conflict or discrepancy between provisions of this Pricing Schedule and provisions of the applicable Tariff as modified by the
Texas Utilities Code,the order of priority will be(1)the provisions of the Texas Utilities Code, (2)Texas Public Utility rules and
regulations, (3) this Pricing Schedule, (4) the Agreement, and (5) Tariff. This Pricing Schedule, the Agreement and the
applicable Tariff(s), as modified, constitute the entire agreement between the parties with respect to the Services provided
under this Pricing Schedule, and supersedes all other agreements, proposals, representations, statements or understandings,
whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim
any reliance thereon. This Pricing Schedule will not be modified or supplemented by any written or oral statements,proposals,
representations,advertisements,service descriptions or purchase order forms not expressly set forth in this Pricing Schedule.
For AT&T internal use only
Billing Telephone Number for Existing service, if applicable: 817-164-5025-178
End of Document
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Texas_HB2128_PS
ECATS 20100913-0129
AT&T MA Reference No. 1382S6UA
at&t
CITY SECRETARY
CONTRACT NO.
MASTER AGREEMENT
Customer — AT&T
City of Fort Worth ------- ----- — AT&T Corp-------—- -- --------- ---- 1
Street Address: 1000 Throckmorton St or enter the International Affiliate Name
City: Fort Worth State/Province: TX
Zip Cod n 76102 Count, : USA
Customer Contact for notices AT&T Contact for notices
Name: Sean Malone Street Address:
Title: IT Network Services Lead City: State/Province:
Street Address: 1000 Throckmorton St. Zip Code' Country:
City: Fort Worth State/Province: TX
Zip Code: 76102 Country: USA a copy to:
Telephone: 817 392 6068 With With Corp.
Fax: 817 386 6874 One AT&T Way
Email:sean.malone @fortworhtgov.orm Bedminster,NJ 07921-0752
ATTN: Master Agreement Support Team
I Email mas ilt com
This Master Agreement("Master Agreement ), between the customer named above("Customer")and the AT&T entity named
above ('AT&T'), is effective when signed by both Customer and AT&T, and continues in effect as long as Services are
provided under this Master Agreement.
This Master Agreement will apply to all services and equipment Customer buys from AT&T, now and in the future, that are
provided under Pricing Schedules attached to or referencing this Master Agreement ('Services"). Other Services may be
provided by signing additional Pricing Schedules at any time. AT&T standard service offerings are described in Tariffs,
Guidebooks, Service Guides and other documents identified in this Master Agreement,
Customer AT&T
b its authorized re resentative b its authorized re resentative
K
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B I B G1°-rvtcp �C -
i
Name: Karen L Montgomery
As,gistant City Manager --
Title: ---- — Title: L(S r. CfJtild__, _
Date: —_—_— Date: 2c 1 C
APPROVED AS TO
FORM D LEGALITY-
ASST-TA,NT , TTORNEY 3 1[Z61
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AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services.
Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as
well as to use ancillary equipment space within a building, as necessary for Customer's connection to work fa network.
Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably
requires to provide the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes,
wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform istallation of the
Services, and obtain any necessary licenses, permits and consents (including easements and rights installation
Customer will
n
have the Site ready for AT&T to perform its work according to a mutually agreed schedule.
3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides
Services is a suitable and safe working environment, free of Hazardous Materials. "Hazardous Materials" means any
substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage,
handling, disposal, or release is regulated by any law related to pollution, protection of air,water, or soil, or health and safety.
AT&T does not handle, remove or dispose of Hazardous Materials, and AT&T has no obligation to perform work at a location
that is not a suitable and safe working environment. AT&T will not be liable for any Hazardous Materials.
3.3 Users, "User"means anyone who uses or accesses any Service provided to Customer. Customer will cause Users
to comply with this Agreement, and Customer agrees that Customer is responsible for Users' use of any Services, unless
expressly provided to the contrary in applicable Service Publications.
3.4 Internet Services. If a Service is provided over or accesses the Internet,Customer, Customer's Affiliates,and Users
must comply with the AUP.
3.5 Resale of Services. Customer may not resell the Services to third parties without AT&T's written consent. Where
permitted under applicable law,Customer may resell the Services to Customer's Affiliates without AT&Ts consent.
4. PRICING AND BILLING
4.1 Pricing and Pricing Schedule Tenn; Terms Applicable After End of Pricing Schedule Term. Unless a Pricing
Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term.
No promotion,credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the
end of a Pricing Schedule Term, Customer will have the option to either: (a) cease using the Service (which will require
Customer to take all steps required by AT&T to terminate the Service); or(b) continue using the Service under a month-to-
month service arrangement. Unless a Pricing Schedule states otherwise, during any month-to-month service arrangement,
the prices,terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by AT&T on
30 days'prior notice to Customer.
4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of, and Customer will pay, all
applicable current and future taxes (excluding those on AT&Ts net income), surcharges, recovery fees, custom clearances,
duties, levies, shipping charges, and other similar charges (and any associated interest and penalties resulting from
Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license,
use or provision of the Services,except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the
delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due
to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty,
and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax
has been paid so that AT&T may claim any applicable credit.
4.3 Billing. Unless a Pricing Schedule specifies otherwise, Customer's obligation to pay for all Services will begin upon
installation and availability of the Services to Customer. AT&T will invoice Customer for the Services on a monthly basis, or
otherwise as specified in the Pricing Schedule. Customer will pay AT&T without deduction (except for withholding taxes as
provided in Section 4.2-Additional Charges and Taxes), setoff(except as provided in Section 4.5-Delayed Billing; Disputed
Charges), or delay for any reason. At Customers request, but subject to AT&T's consent(which may be withheld if there will
be operational impediments or tax consequences), Customer's Affiliates may be invoiced separately and AT&T will accept
payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in
accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its
reasonable judgment,that Customer or Customer's Affiliates are not creditworthy.
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5.3 Exceptions. The restrictions in this Section will not apply to any information that: (a) is independently developed by
the receiving party; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; (c) becomes
generally available to the public other than by breach of this Agreement, or(d) is required to be disclosed by law, rule,
regulation, or court order.
5A Privacy Laws. Each party is responsible for complying with the privacy laws applicable to its business. If Customer
does not want AT&T personnel to comprehend Customer data to which they may have access in performing Services,
Customer should encrypt such data so that it will be unintelligible. Until directed otherwise by Customer in writing, if AT&T
designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that
representative to discuss and disclose Customer's customer proprietary network information(CPNI)to any employee or agent
of Customer without a need for further authentication or authorization.
6. DISCLAIMERS AND LIMITATIONS OF LIABILITY
6.1 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR
COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS
OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION(INCLUDING
CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK
SECURITY,THE ENCRYPTION EMPLOYED BY ANY SERVICE,THE INTEGRITY OF ANY DATA THAT IS SENT,BACKED
UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE
LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMER'S DATA AND CONFIDENTIAL INFORMATION.—
6.2 Limitation of Liability.
(a) AT&T'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF
MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT
CAUSED BY CUSTOMER'S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS
SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN
AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE
DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE
SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T.
(b) SECTION 6.2(a)WILL NOT APPLY TO:
(i) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY
AT&T'S NEGLIGENCE;
BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity), OR SECTION 10.2
(Trademarks);
SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER SECTION 7(Third Party Claims);OR
(iv) DAMAGES ARISING FROM AT&TS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(c) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF
OPERATIONS.
6.3 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED
BY AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATING TO:
INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT,
SERVICES, CONTENT, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS,
SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN
THIS AGREEMENT) CAUSED BY CUSTOMER OR THIRD PARTIES: ANY INTERRUPTION OR ERROR IN ROUTING OR
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notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service
Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to
the Service Publication. However, a revision to a Service Publication will not be considered materially adverse to
Customer if it changes prices that are not fixed(stabilized)in a Pricing Schedule, if the price change was mandated
by a governmental authority, or if the change affects a charge imposed under Section 4.2 (Additional Charges and
Taxes).
(d) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T,
AT&T may suspend the applicable portion of the Service. AT&T has the right; however,to suspend or terminate the
applicable portion of the Service immediately when: (i)AT&T's suspension or termination is in response to multiple
or repeated AUP violations or complaints;(ii)AT&T is acting in response to a court order or governmental notice that
certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed to sanctions,
liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to
continue; (b)that such violation may cause harm to or interfere with the integrity or normal operations or security of
AT&T's network or networks with which AT&T is interconnected or interfere with another customer's use of AT&T
Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T's
customers or their respective employees.
(e) Infringing Services. If neither of the options described in Section 7.3(Infringing Services)are reasonably available,
AT&T may terminate the affected Service without liability other than as stated in Section 7.1 (AT&T's Obligations).
(f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site where AT&T is to install, maintain or
provide Services, AT&T may suspend performance until Customer removes and remediates Hazardous Materials at
Customer's expense in accordance with applicable law. If customer fails to remove and/or remediate the
hazardous materials within thirty(30)days, then AT&T may terminate the affected service contract.
8.3 Withdrawal of Services. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to
Customer for a Pricing Schedule Term, and unless applicable law or regulation mandates otherwise, AT&T may discontinue
providing a Service upon 12 months' notice, or a Service Component upon 120 days' notice, but only where AT&T generally
discontinues providing the Service or Service Component to similarly—situated customers.
8.4 Effect of Termination.
(a) Termination by either party of a Service does not waive any other rights or remedies a party may have under this
Agreement. Termination or suspension of a Service will not affect the rights and obligations of the parties regarding
any other Service.
(b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of
termination. If Customer terminates a Service or Service Component prior to the date Customer's obligation to pay
for Services begins as provided in Section 4.3 (Billing), Customer will reimburse AT&T for time and materials
incurred to provide the service or service component prior to the effective date of termination, plus any third party
charges resulting from the termination.
8.5 Termination Charges.
(a) If Customer terminates this Agreement or an affected Service or Service Component pursuant to Sections 8.1
(Termination of Agreement), 8.2(b)(Material Breach), 8.2(c)(Materially Adverse Change),or 8.6 (Appropriations;
Funding); AT&T terminates a Service pursuant to Section 8.2(e) (Infringing Services),or AT&T withdraws a Service
pursuant to Section 8.3(Withdrawal of Services), Customer will not be liable for the termination charges set forth in
Section 8.5(b).
(b) If Customer terminates a Service or Service Component other than as set forth in Section 8.5(a),or AT&T terminates
an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), or 8.2(a) (Fraud or
Abuse), 8.2(b) (Material Breach), 8.2(d) (Internet Services), or 8.2(f) (Hazardous Materials), unless prohibited by
applicable law, Customer will pay applicable termination charges as follows: (i) if termination occurs before the end
of the Minimum Payment Period, Customer will pay 50% (unless a different percentage is specified in the Pricing
Schedule) of the monthly recurring charges for the terminated Service or Service Component multiplied by the
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assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, or subcontract to an
Affiliate or a third party work to be performed under this Agreement, but AT&T will in each such case remain
financially responsible for the performance of such obligations.
(b) In countries where AT&T does not have an Affiliate to provide Service, AT&T may assign its rights and obligations
related to a Service to a local service provider,but AT&T will remain responsible to Customer for such obligations. In
certain countries,Customer may be required to contract directly with the local service provider.
(c) Any assignment other than as permitted by this Section 10.5 is void.
10.6 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section
10.10 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in
effect and the parties will negotiate in good faith to substitute for such invalid, illegal, or unenforceable provision a mutually
acceptable provision consistent with the original intention of the parties.
10.7 Injunctive Relief. Nothing in this Agreement is intended, or should be construed, to limit a party's right to seek
preliminary or permanent injunctive relief from a court of competent jurisdiction for a breach of any provision of this Agreement.
10.8 Legal Action.Any legal action arising in connection with this Agreement must be filed within 3 years after the cause
of action accrues or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary.
10.9 Notices.All notices required under this Agreement will be delivered in writing to the recipient's contact designated on
the cover page of this Master Agreement, or to such other contact as designated in writing from time to time. Notices shall be
by internationally recognized overnight courier,certified or registered mail,email,or facsimile and will be effective upon receipt
or when delivery is refused,whichever occurs sooner.
10.10 Governing Law. This Agreement will be governed by the law of the State of Texas, without regard to its conflict of
law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United
Nations Convention on Contracts for International Sale of Goods will not apply.
10.11 Compliance with Laws. Each party will comply with all applicable laws, regulations, and orders issued by courts or
other governmental bodies of competent jurisdiction.
10.12 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T, and does not provide any
third party (including Users) the right to enforce or bring an action for any remedy, claim, liability, reimbursement, cause of
action,or other right or privilege.
10.13 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the
termination or expiration of this Agreement, including without limitation, the obligations set forth in Section 5 (Confidential
Information), Section 6(Disclaimers and Limitations of Liability), and Section 7(Third Party Claims),will survive termination or
expiration.
10.14 Agreement Language. The authentic language of this Agreement is English. If there is a conflict between this
Agreement and any translation,the English version will take precedence.
10.15 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the
Services provided under this Agreement. Except as provided in Section 2.3 (Software), this Agreement supersedes all other
agreements,proposals,representations,statements or understandings,whether written or oral,concerning the Services or the
rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be
modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions
or purchase order forms not expressly set forth in this Agreement.
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Pagel of 2
Chakrathouk, Manivanh
From: Santos, Betty
Sent: Tuesday, August 02, 2011 4:46 PM
To: Chakrathouk, Manivanh
Cc: DeHoyos, Beatrice; Hines, Barbara B.
Subject: FW: Contract: AT&T
Attachments: FW: Contract: AT&T
Monni,
Beatrice is on vacation this week and I had spoken to Bea last week before I responded to
you. We do not need a separate contract number for each of these. Please move forward and
let me know when these are ready.
Thank you,
Betty Santos
City of Fort Worth
IT Solutions Finance
817-392-7877
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From: Chakrathouk, Manivanh
Sent: Tuesday, August 02, 20114:27 PM
To: Santos, Betty
Subject: RE: Contract: AT&T
Hi Betty,
I have not heard back from Beatrice regarding this contract as I am still confused. See attached.
Thank you,
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Administrative Technician
City Secretary Office ( 1000 Th rock morton St. Ft Worth. 'I'X. 7610-2
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From: Santos, Betty
Sent: Tuesday, August 02, 20114:19 PM
To: Chakrathouk, Manivanh
Subject: RE: Contract: AT&T
Hi Monni,
Have these been completed yet? I have been asked for the status of these.
8/3/2011
Page 2of2
thanks
From: [haksathouk, Manivanh
Sent: Friday, July 29, 20119:05 AM
To: Santos, Betty
Subject: FVV: Contract: AT&T
Hi Betty,
Please see below and advise?
Thank you,
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City Secretary Office | [UU0T�roc� omd on SL
[t Worth, T { 76102
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From: Chaknnthnouk, Manivanh
Sent: Friday, July 29, 20118:56 AM
To: OeHoyoy Beatrice
Subject: Contract: AT&T
Hi Beatrice,
| am at lost with this contract and hoping you can help me. | have five renewal contracts with different case
number, one new contract, and a master contract copy of contract no. 41553. K8y question in are these five newel
contracts with different case number renewing master contract copy of contract no. 41553 or are there different
contract number tn each case number? Please advise?
Thank you,
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