HomeMy WebLinkAboutContract 41553-R1F at&t 20110425-0016 AT&T MA Reference No.
6ITY SECRETARY i55 r
Ct3NTRACT NO
AT&T Managed Intemet Service
Pricing Schedule
ustomer A & T T Ies.Conta
0 Prim Contact
City of Fort Worth AT&T Corp. MILDRED R HAYGOOD
208 S AKARD ST
1000 Throckmorton DALLAS,TX
Fort Worth,TX 75202
78102 Telephone: 2145717874
USA Fax 2147818184
Email: rh2879®semail.attcom
Branch Manager. Joe Ewen
Sales Strata:Small Business Market
Sales R ion:Southwestern
Customer Contact(fnr notices) A 4T ontact(for noticesj AT. T utWn P+ovldar or
Represen4tlVS Infot!tltatlpn
If a (cable
Name: Sean Malone 208 S AKARD ST Name:
Title: Senior Mgr DALLAS,TX Company Name:
1000 Throckmorton 75202
Fort Worth,TX
78102 With a copy to:
United States AT&T Corp. Telephone:
Telephone:8173928088 One AT&T Way Fax
Fax 8173928854 Bedminster, NJ 07921-0752 Email:
Email: sean.malone@fortworthgov.org ATTN: Master Agreement Support Agent Code:
Customer Account Number or Master Team
Account Number. Email:mastiMattcom
This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above.
Customer has requested that AT&T sign this Pricing Schedule first and AT&T has agreed to do so. This
signed by AT&T shall be binding upon Customer from the time of Customer's signature, and AT&T will b in im lementing the
agreement when a fully signed copy is returned by Customer, provided such fully signed copy is return RRIM $Op
thirty(30)days after AT&T delivered a signed copy to Customer. Further, any and all changes made i
after signature by AT&T shall be void and of no effect, unless and until incorporated into a written ame d` At`to 'fir
signed by both Parties, except for changes expressly authorized by the terms of this Pricing Schedule.
ET. WORTH, TX
Customer AT&T
b its authorized representative) b its authorized representative
Name: K,1,—On L. Aprit uiu,,r Name: MyLo~
Assistant City Manage)
Title: Title: jD o° c 0
nV,//��/i 04/25/2011 �to
V / U / O
Date: Date:
AT&T and Customer CorMdentlal Information
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AT&T MA Reference No. 13 ? �uJ¢
at&t
162252
This Pricing Schedule and any promotional discounts listed herein shall apply to the Service ordered at only one(i.e., the
initial)Customer Site,and only for those Service speeds eligible for such promotional discounts, and shall not apply to
subsequent orders for additional Services. In the event Customer wishes to order additional Services to Site(s)other than the
initial Site Customer will be required to execute a new AT&T Managed Internet Service Pricing Schedule for any additional
Sites.
1. SERVICES
•AT&T Managed Internet Service
• AT&T Private Network Transport(PNT) Service is an option
of MIS and can be ordered as an MPLS PNT feature under
Tables 30 and 31.
• AT&Ts Acceptable Use Policy is located at
httV://www.att.com/aup or such other AT&T-designated
location.
ervice Service Publication Location
AT& IS Service http://new.sery icecuide attcc portal
s/sgportal.portal? nfob=true& aaaeL
abel=mis pace
rATa!Tl3an dwi dth http://nevv.servicecuide aft.comAndex
Services Jsp?sc=bws
The rate and the discount for each channel ordered under this
Pricing Schedule shall be stabilized as of the date of order for the
remaining Term of the Pricing Schedule.
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Z g Schedule Term Start Date
nths Effective Date of this Pricin2 Schedule
Effective Date of Effective Date of this Pricing
Rates and Discounts Schedule
3. MINIMUM PAYMENT PERIOD
Portion of Monthly Service Minimum
Service Fees Components Payment Period
Applicable to
Minimum Payment
Period
5096 All Service Until end of
Components I Pricing Schedule
Term, but not
less than 12
months per
corn Went
AT&T and Customer Confldentlal Information
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AT&T Managed Internet Service—Pricing Schedule AT&T MA Reference No.3 0 c�2 S6
C 162252
4. RATES(US Mainland,HI and Alaskat only) Section I: AT&T Managed Internet Service
Access Bandwidth-
t Service in Alaska requires a separate AT&T Addendum for
Service in Alaska. The rates stated in this Pricing Schedule apply Table 1: Tiered T-1,NxT-1,E-1 And Frame-Flat Rate Billing Option
to Service locations and/or Service Components in Alaska only Access Speed MIS MIS w/ MIS w/ I 01scount
in the event that a Service Component and/or Service location is Method Monthly Manage Manage
not listed in the Addendum for Service in Alaska. In the event of Service d Router d Router
the conflict between this Pricing Schedule and the Addendum for Fee List Mouthy Option 2
Price Service Monthly
Service in Alaska, the Addendum for Service in Alaska controls. Fee Service
List Fee
NOTE 1: MIS wl Managed Router Option 2 available only as Price List
described in the Service Guide. Price
N/A 56/64 $190 $260 N/A N/A
NOTE 2: If Customer orders the MPLS PNT feature under Kb Ds
Section I, Tables 30 and 31 as part of the MIS service, Customer T-1 128 $225 $295 $285 N/A
will be billed for PNT transport and uplifts and all applicable Kb s
taxes will be stated on the Customers invoice. T-1 256 $280 $350 $340 N/A
Kbps
T-1 384 $335 $405 $395 N/A
NOTE 3: The charges for the Class of Service(CoS)feature set Kb s
forth in Section I, Table 25 through 27 are waived for Sites at T4 512 $390 $460 $450 N/A
which Customer also maintains AT&T Business Voice over IP Kb s
(VoIP)Service. T-1 768 $410 $480 $470 N/A
Kb s
(�= not available with MPLS PNT T4- 1024 $425 $495 $485 N/A
ICB= available only on an Individual Case Basis. Frame' Kb s
N/A= Not Available T-1 T-1 $470 $540 $530 N/A
E4- E-1 $470 $540 N/A N/A
2xT4 3 Mbps $850 $1,145 N/A N/A
3xT-1 4.5 $1,100 $1,395 N/A N/A
Mbps
4xT-1 6 Mbps $1,250 $1,545 N/A N/A
5xT-1 7.5 $1,480 $2,360 N/A N/A
Mbps
6xT-1 9 Mbps $1,715 $2,595 N/A N/A
7xT-1 10.5 $1,915 52,795 N/A N/A
Mbps
8xT-1 12 $2,190 53,070 N/A N/A
Mbps
v.23.06
AT&T and Customer Confidential Information
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AT&T Managed Internet Service-Pricing Schedule AT&T MA Reference No. (� C+O "4
C 162252
Table 2: -MIS N x 10 Gla Ethernet -Flat Rate Willing Option ATM' 4 Mbps 51,075 $1,370
Speed MIS Monthly 3ery lce Discount $1,325
Fee List Price, ATM' S Mbps $1,125 $1,420 $1,375
x-10.0 Gb t $1 M'500 000 N/A AT M' 8 Mbps 51,250 $1,545 $1,500
E34X x-10.0 Gb s 32,220,000 WA ATM' 7 Mbps 51415 $2,295 $2,0
-10.0 G s $2,920,000 N/A ATM' 8 Mbps $1,565 $2,445
v. $2,150
8.1.09
ATM' 9 Mbps $1,715 $2,595 $2,300
ATW/T-3 10 Mbps $1,840 32,720 $2,425
ATW/T-3 15 Mbps 52,465 53,345 $3,050
Table 3:Burstable T-1 ATMYTJ 20 Mbps 53,090 53,970 $3,675
Discount::N/A ATM'rT� 25 Mbps 53,725 $4,605 $4,310
Sustained Undlscounted Undlscounted Undlscounted ATM•/T-3 30 Mbps 54,350 55,230 $4,935
Usage MIS Monthly MIS w/Managed MI3 w/Managed ATW/T-3 35 Mbps 54,990 $5,870 $5,575
Service Fee Router Monthly Router Option 2 ATM'/TJ 40 Mbps 55,615
Service Fee Monthly Service p $6,495 56,200
Fee T-3 45 Mbps $6,250 $7,130 $6,835
up to 128kbps $270 $340 $330 v.Z3.06
128.01 -258 $340 $410 $400
Kb s
258.01 -384 $405 3475 $465
Kb s
384.01 -512 $470 5540 $530
Kb s
512.01 Kbps- $565 $635 $625
1.544 Mbps
v.2.3.08
Table 4:DNS Services
0 Ion Month Servk:e Fes
Additional Primary DNS(available in $100 per DNS increment
increments of up to 15 zones with a
maximum of 150 Ki es of zone file date
Additional Secondary DNS(available in $100 per DNS increment
increments of up to 15 zones with s
maximum of 150 Kilobytes of zone tike data)
v.07.01.04
Table 5:ATM And Tiered T-3
Discount: WA
Access Speed MIS Monthly MIS M13 wiManaged
Method 3ervle•Fee w/Managed Router Option
List Pyle• Router 2 Monthly
Monthly Service Fee
Service Fe• List Price
List Price
ATM• 2 Mbps 3590 $885 $840
ATM• 3 Mbps 5850 $1,145 $1,100
AT&T and Customer Confidential Information
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AT&T Managed Internet Service-Pricing Schedule AT&T MA Reference No.
( QS 6 474
C
Table 6: Burstable T-3 Table 8:MIS Access Redundancy Option
(MARO)-Burstable T-1 with Shadow Billing Option
Discount: NIA
Sustained Usage Undlscounted Undiscounted Undiscounted Discount: NIA
MIS Monthly MIS w/Managed MIS w/Managed Sustained Usage MIS w/Managed Router MIS w/Managed Router
Service Fee Router Monthly Router Option 2 Undlscounted Monthly Option 2 Undlscounted
Service Fee Monthly Service Service Fee Morthly Service Fee
Fee Up to 56 Kbps $170 $160
up to 6.0 Mb p! $1,515 $1,810 $1,765 For MARO
6.01 -7.5 Mb s $1,790 $2.670 $2,375 Redundant Link
7.51 -9.0 Mb s $2,065 $2,945 $2,650 Service Only
9.01 -10.5 Mb s $2,290 $3,170 $2,875 Shadow Billing)
10.51-12.0 Mb s $2,515 $3,395 $3,100 up to 12$kb s $340 $330
12.01 -13.5 Mb s $2,740 $3,620 $3,325 128.01 -256 Kbps $410 $400
13.51-15.0 Mb s $2,965 $3,845 $3,550 258.01 -384 Kbps $475 $465
15.01-16.5 Mb s $3,150 $4,030 $3,735 384.01 -512 Kbps $540 $530
16.51 -18.0 Mb s $3,340 $4,220 $3,925 512.01 Kbps- $635 $625
18401-19.5 Mbps $3,525 $4,405 $4,110 1 1.544 Mb s
19.51-21.0 Mb s $3,715 $4,595 $4,300 v.2.20.06
21.01 -45.0 Mb s $7,515 $8,395 $8,100 Table 9:MARO Burstable TJ with Shadow Billing Option
v.2.3.06
Table 7: Flexible Bandwidth Billing Option-Burstabl•T-3 Discount: N/A
Sustained Usage MIS w/Managed MIS w/Managed Router
Dlscount applied to MIS, MIS Incremental Usage Fee Router Monthly Option 2 Monthly Service
w/Managed Router, 3 MIS w/Managed Discount:N/A Service Fee Fee
Router Option 2:N/A Up to 56 Kbps $800 $790
For MARO
Tiered MIS MIS w/ MIS w/ Undlsco Redundant Link
Bandwidth Undlscou Managed Managed unted Service Only
Minimum nted Router Router Increme (Shadow Billing)
Commitment Monthly Undiscou Option 2 ntal up to 6.0 Mb s $1,810 $1,765
Fee nted Undlscount Usage 6.01-7.5 Mb s $2,670 $2,375
Monthly ed Monthly Fee 7.51-9.0 Mb s $2,945 $2,650
Fee Fee Per 9.01-10.5 Mb s $3,170 $2,875
Mb s 10.51-12.0 Mbps $3,395 $3,100
2 Mb s $590 $885 $840 $355 12.01-13.5 Mbps $3,620 1 $3,325
3 Mb s $850 $1,145 $1,100 $340 13.51-15.0 Mbps $3,845 $3,550
4 Mb s $1,075 $1,370 $1,325 $325 15.01-16.5 Mbps $4,030 $3,735
5 Mb s $1,125 $1,420 $1,375 $270 16.51-18.0 Mbps $4,220 $3,925
6 Mbps $1,250 $1,545 $1,500 $250 18.01-19.5 Mbps $4,405 $4,110
7 Mb s $1,415 $2,295 $2,000 $245 19.51 -21.0 Mbps $4,595 $4,300
8 Mb s $1,565 1 $2,445 $2,150 $235 1 21.01-45.0 Mbps 1 $8,395 $8,100
9 Mbps $1,715 $2,595 $2,300 $230 v.10.31.05
10 Mb $1,840 $2,720 $2,425 $225
15 Mb s $2,465 $3,345 $3,050 $200
20 Mb $3,090 $3,970 $3,675 $190
25 Mb $3,725 $4,605 $4,310 $180
30 Mb $4,350 $5,230 $4,935 1 $175
35 Mb $4,990 $5,870 $5,575 $175
40 Mb $5,615 58 495 $6,200 $170
45 Mb $6,250 $7,130 $6,835 N/A
v.2.3.06
AT&T and Customer Confidential Information
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AT&T Managed Internet Service—Pricing Schedule AT&T MA Reference No. 1���✓��'�
CSMy.II 252 �/.
Table 10:MARO Features•Monthly Service Fees Table 12:MIS Tole-Installation
I atlon
Option Monthly Service Fee Service . 100.0%
List Price Component MIS Speed Undlscounted Undlscounted Undlscounted
Discount MIS MIS w/ MIS w/
Alternate Backbone T-1:$500 N/A
Node Option- Managed Managed additional charges vi 58 s NxT1: S1 000
Private Une,per $500 per T-1 K Router Router Option 2
51,000 $1,000
Service Component T3:$5,000 128 Kbps- $1,000 $1,000 $1,000
1.5 Mb s
OC-3$12,000 NxT-1 $2,500 $2,500 $2,500
CPE Redundant T-1:$120 N/A Tlered/Full $5,000 N/A N/A
Configuration Option NxT-1:$350 TJ
-Per Service T3:5540 Tiered OC- $10,000 N/A N/A
Component 3,
OC-3:$2,435 OC-12,OC-
Backbone Node $500 per T-1 Redundant N/A 48
Redundancy Option• Unk Ethernet $1500 $1,500' N/A
additional charges via $5,000 per T-3 10 GI
Private Una,per Redundant Link Ethemet $10,000 $10,000" $10,000"
Redundant Link $12,000 per OC-3
Redundant Link 'Available for MIS speeds of 100 Mbps and below and with electrical
[Balancers utbound Load T1 d ndant ink N/A Interfaces only.
(2) "Subject to availability
v.10.01.08
uel Mane9ed T3&OC3:$875 ustomer Routers)
v.2.3.06 Table 13:On-Site Installation
Table 11:MIS and MARO Features-Installation Fees(ICS Only) DI u : 0.0%
D s : 0.0% MIS Speed Undlscounted MIS Undlscounted MIS w/
Option wV Managed Managed
Undlscounted Installation Fee Router On Router O lion'Only
List Price 56 Kb s $999 $999
MIS,MIS w/Managed Router,&MIS w/ 128 Kbps-1.5
Mena sd Routsr lion 2 Mb s $999 $999
L ARO-Outbound $1000
ad Balancers(2)ual Managed
stomer Routers) NxT-1 $ggg $999
v.2.6.08
Tlered/Full T-3
$1000 $1,000
Tiered OC-3, $10,000
OC-12 OC48 $10,000
Ethemet $1.500 N/A
v.11.08.08
AT&T and Customer Confidential Information
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AT&T Managed Internet Service-Pricing Schedule AT&T MA Reference No. (✓a 2-SG�(]¢
01182252
Table 14:ATM and Tiered OCR(ICS Only)* Table 18: Flexible Bandwidth Billing Option-Burstable OC-3(ICS
Discount:WA Only)
Speed Undlscounted Undlscounted Undlscounted MIS Discount applied to MIS, MIS w/Managed Router, b Incremental
MIS Monthly MIS w/Managed wlManaged Router MIS w/Managed Router Option 2:WA
Service Fee Router Option 2 Usage Fee
Monthly Service Monthly Service Fee Discount:
Fee N/A
2 Mbps 5590 $885 Tiered Undlscou Undiscoun Undlscou Undlscount•
5840 Bandwidth nted MIS ted MIS nted MIS dlncremental
3 Mbps $850 11,145 $1,100 Mlnlmum Monthly with with Usage Fee
4 Mbps 51,075 51,370 $1,325 Commitme Fee Managed Managed Per bps
3 Mbps $1,125 $1,420 $1,375 nt Router Router
8 M Monthly Option 2
bPs $1,250 $1,545 $1,500 Fee Monthly
7 Mbps $1,415 52,295 $2,000 Fee
8 Mbps $1,565 $2,445 $2,1 So 35 Mb s 54,990 85,870 $5,575
9 Mbps $1,715 40 Mb s SS 615 58 495 S8.2
5175
52,595 $2,300 45 Mb s $6250 ST 130 86,835 5170
10 Mbps 51,840 $2 7Zp 5170
52,425 80 Mb s 57,825 59,005 58,450 5160
15 Mbps 52,465 83,345 53,050 70 Mb s Se 875 510 055 S9 500 5155
20 Mbps 53,090 53,970 $3,675 80 Mb s 925 511,105 510,550 $150
25 Mbps 53,725 84,605 54,310 90 Mb $59-10,975 512,155 511,600 $150
100 Mb $12,025 513,205 512,550 $145
30 Mbps $4,350 85,230 $4,935 120 Mb $14,125 $15,305 $14,750
$145
35 Mbps $4,990 85,870 $5,575 144 Mb 516,225 $17,405 516,850 $140
40 Mbps $5,615 $6,gg5 $6200 155 Mb 517,800 $18,980 818 425 N/A
80 Mb s $7,825 $9 v.2.3.06
,005 $g 450
155 Mbps
(not Table 17:Tiered OC-12(ICS Only)
available Discount: WA
with ATM $17,800 $18,980 $18,425 L622 peed Undlscounted Undlscounted MIS w/Managed
v.Z3.06 MIS Monthly Router
Table 15• Burstabie OC-3(ICS Only) Service Fee Month Service Fee
b s $50,700 852,505
Discount: N/A v.Z3.06
Sustained Usage Undlscoun Undlscount ed Undlscounted MIS Table 18:Buntabls OC-12(ICB Only)
led MIS MIS w/Managed w/Managed Router
Monthly Router Monthly Option 2 Monthly Discount:N/A
Service Service Fee Service Fee
Fee Speed Undlscounted Undiscounted
U to 35.0 Mb s $5,990 $6,870 $6,575 MIS Monthly w/Managed RouMteIS r
35.01 to 45.0 Mb s $7,515 $8,395 $8,100 Service Fee Monthl Service Fee
.0110 55.0 Mb s $8,765 $9945 $9390 U p to 75.0 Mb $11290 $12.470
35.01 to 65.0 Mb s $10,025 $11,205 $10,650 75.01 to 150.0 Mb $18,750 $19,930
63.01 to 75.0 Mb $11,290 $12,470 $11,915 150.01 to 225.0 Mb $26215
75.01 to 85.0 Mb $12550 513 730 $13 175 , $27,395
85.01 to 100.0 225.01 to 300.0 Mb $33,665 $35,470
$14,440 $15,620 $15,065 300.01 to 375.0 Mb $40.040 $41845
100.01 to 125.0 373.0" to 450.0 Mb $46,415 $48,220
817,5W $18,770 $18,215 450.01 to 525.0 Mb $52,715
125.01 to 135.0 $54.520
S21265 $22,545 121,990 525.01 to$22.0 Mb $60,850 $82.655
v.13.06 v.2.3.08
AT&T and Customer ConAdemtial Informaton
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CSM110
Table 19:Flexible Bandwidth Bllling Option-Surstable OC-12 KB
Only) ( Table 21: Burstable OC48(ICS Only)
Discount:N/A
Discount applied to MIS B MIS wiManaged Incremental Sustained Usage Undlscounted Undlscounted MIS
Router:NIA Usage Fee MIS Monthly w/Managed Router Monthly
Discount: 3ervlce Fee Service Fee
NIA U to 1250 M s $121,500 $124,555
Tiered Undlscount Undlscounted Undiscounted
Bandwidth ad M13 MIS A Incremental 1251 to 1350 Mb 5130,975 $134,030
Mini um Monthly Managed Usage Fee 1351 to 1450 Mb $140,450 $143,505
Commitment Fee Router Per MI 1451 to 1550 Mb $149.925
Month Fee $152,980
70 Mb s $8,875 $10,055 $155 1551 to 1650 Mb $159,400 $162,455
80 Mb s $9,925 $11,105 $150 1651 to 1750 Mb $168,875 $171,930
90 Mb s $10 975 $12,155 $150 1751 to 1850 Mb $178,350 $181,405
100 Mb $12,025 $13,205 $145 1851 to 1950 Mb $187,825
120 Mb $14,125 515,303 $143 5190,880
144 Mb $16,225 517,405 $140 1951 to 2050 Mb 5197,300 $200,355
155 Mb $17,800 518,980 S140 2051 to 2150 Mb $206,775 $209,830
200 Mb $20,915 $22,780 $130 2151 to 2250 Mb 5216 250 $219 305
250 Mb $24 515 $26 320 $120 2251 to 2350 Mb $225,725 $228 780
300 Mb $28,050 $29,855 $115 2351 to 2450 Mb
350 Mb s $31,600 $33,405 VN/A 5235,200 $238,255
400 Mb $35 140 $36 945 v.Z3.06
450 Mb $38,675 $40,480
500 Mb s $42,215 $44 020 Table 22:Flexible Bandwidth Billing Option-Burstable OC-48(ICS
550 Mb s $45,750 $47,555 Only)
600 Mb s $49,290 $51,095 822 Mb s $50,700 $52,505 Discount applied to MIS& MIS w/Managed Incremental Usage
v.Z3.06 Router:NIA Foe Discount:
NIA
Tiered Undiscoun V$100 ount• Undiscounted
Table 20:Tiered OC-48(ICS Only) Bandwidth fed MI3 ith Incremental Usage
Minimum Monthly d Fee
Discount: NIA Commitment Fee Per Mb s
E5G peed Undlscounted MI3 Undlscounted M13 t Fee p
Monthly Service Fee w/Managed Router 600 Mb s $49,290 095 $100
Month Service Fee 622 Mb s $50,700 505 $100
s $19 6,000
$199,055 700 Mb s 556,365 170 $100
v.2.3.06 800 Mb 563,440 45 8100
11250 M s 8101,250 305 $100
1550 M s $125,000 055 5100
185OMbPs 5148,750 805 $100
2150 Mbps I 5172 500 $175,555--f $100
2450 Mbps I $196,000 1 $199,055 N/A
v.Z3.06
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AT&T Managed Internet Service-Pricing Schedule AT&T MA Reference No.
CS�1�64
Table 23: Flexible Bandwidth Billing Option-Ethernet
Discount applied to MI3 & M13 w/Managed I Incremental Table 24:Flexible Bandwidth Billing Option-M1310 Gig Ethernet
Router. 88.0',1 Usage fee
Discount: Discount applied to MI3:N/A Incremental Usage fee
88 0% Discount: N/A
Tiered MI3 MI3 with Undlscounted Tiered Bandwidth MIS Undlscounted Incremental
Bandwidth Undlscounted Managed Incremental Mlnlmum Undlscounted Usage Fee
Minimum Monthly Router Usage Fee Commitment Monthly Per Mbps
Commitment Fee Undlscounted Per Mbps Fee
Month fee .5 Gb $42,215 $84.43
0.5 Mbps $390 $460 $940 1.0 G s $78,250 $78.25
1.0 Mbps $425 $495 $510 1.5 Gb s $119,625 $79.75
1.5 Mbps $470 $540 $380 2.0 G s $161,000 $80.50
2 M s $590 $885 $355 2.5 Gb s $196,000 $80.25
3M s $850 $1,145 $340 3.0 G s $240,000 $80.00
4 Mbps $1,075 $1,370 $325 3.5 Gb s $279 125 $79.75
5 Mbps $1,125 $1,420 $270 4.0 O s $318,000 $79.50
6 Mbps $1,250 $1,545 $250 4.5 Gb s $356,625 $79.25
7 M s $1,415 $2,295 $245 5.0 Gb s 5390,000 $78.00
8 Mbps $1,565 $2,445 $235 5.5 G s $433,125 $78.75
9 Mbps $1 715 52,595 $230 6.0 Gb s VOOO S78 50
10 Mbps $1,840 $2,720 $225 6.5 Gb s $78.25
15 Mbps $2,465 $3,345 $200 7.0 Gb s $77.00
ZO Mb s $3,090 $3,970 $190 7.5 Gb s $77.75
25 Mbps $3,725 $4,605 $180 8.0 G s 577.50 30 Mb s $4,350 $5,230 $175 8.5 Gb s $7 7.25
35 Mb s $4,990 $5,870 $175 9.0 Gb s $76.00
r.75 Mbps $5,615 $6,495 $170 9.5 Gb s $719,625 -75.75
b s $6,250 $7,130 $170 10.0 Gb $755,000 575.50
b s $6,770 $7,815 $165 v.10.01.08
b s $7,825 $9,005 $160
b s $8.875 S10,055 $155
b $9,410 f $10,595 $155
80 Mb $9,925 1 $11,105 $150
90 Mbps $10,975 1 $12,155 $150 Table 25:Class Of Service Option-Tiered T-1,T-3 and Burstable
100 Mbps $12,025 1 $13,205 $145 SwWce-Monthly Service Fees
120 Mb $14,125 1 $15,305 $145
144 Mbps $16,225 $17,405 $140 Discount:N/A
150 Mb 517,065 1 18,250 5140 Speed Class of Service Monthly Fee-List Price(w/o
155 Mb $17,800 1 518,980 5140 w/out Managed Router, Including Managed
200 Mb $20,975 1 $22,780 5130 Router Option 2,except as Indicated
250 Mb $24,515 1 $26,320 $120 56 Kbpst $225
300 Mb $28,050 $29,855 $115 128 Kbpst $225
350 Mb $31,600 533,405 $110 256 Kbpst $225
400 Mb $35,140 536,945 "110 384 Kbpst $225
450 Mb $38,675 $40,480 $105
500 Mb $42,215 1 $44,020 $105 512 Kbpst $225
550 Mb $45,750 $47,555 $100 768 Kbps $225
600 Mb $49.290 1 S511095 5100 1024 Kbps• $225
622 Mb $50.700 $52,505 $100 1.5 Mbps $Z25
700 Mb $56,365 $58,170 $100 2x7-1(3 Mbps) 5225
800 Mbps
K:d $63,440 $65,245 $t00 3x7-1(4.5 Mbps) $225
900 Mbps 4xT-1(6 Mbps) $225
ICB $70,875 $73,930 $100 5xT-1(7.5 Mbps) $225
1000 Mbps
K:B $78 250 $81 305 N/A 6xT-1(9 Mbps) $225
v.10.01.08 7xT-1(10.5 Mbps) $225
8xT-1(12 Mbps) $225
10 Mbps $845
15 Mbps $1,075
AT&T and Custom*r Confidential Information
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AT&T Managed Internet Service-Pricing Schedule AT&T MA Reference No.
�J
C 1182252 � p
10 Mbps $1,325 Table 26:Class Of Service Option-Flexible Bandwidth Billing Option
25 Mbps $1,575 Monthly Service Fees
30 Mbps 51,825 Discount:WA
35 Mbps $2,100 Speed Undlscounted MIS w/or w/out Managed
Router Including Managed Router Option 2
40 Mbps $2,350 Monthl Service Fee•
45 Mbps $2,750 Up to 1.5 Mbps $225
155 Mbps* $2.750 2.0 Mbpe $285
It)no real-time class available 2.01•3.0 Mbps $360
(t)unmanaged only 3.01-4.0 Mbps $435
v.8.1.06
4.01•5.0 Mbps $510
5.01-6.0 Mbps $575
8.01 -1.0 Mbps $640
7.01 -8.0 Mbps $705
8.01-9.0 Mbps 5765
9.01 to 10.0 Mbps $825
110.0110 15.0 Mbps $1,075
15.01-20.0 Mbps $1,325
20.01-25.0 Mbps 51,575
25.01-30.0 Mbps $1,825
30.01-35.0 Mbps $2.100
35.01-40.0 Mbps $2,350
40.01-45.0 Mbps $2,750
45.01-155 Mbps $5,000
200-250 Mbps 55,400
300-350 Mbps 55,800
400-800 Mbps $6,200
622 Mbps $7,000
700-1000 Mbps $7,800
1.5 Gbps $7,900
2.0 Gbps $8,000
2.5 Gbps S8,100
3.0 Gbps $8.200
3.5 Gbps $8,300
4.0 Gbps $8,400
4.5 Gbps -$8,500
1.Subjeca bps $8.600
bps $8,700
bps $8,800
bps $8,900
ps $9,000
ps $9,100
ps $9,200
ps $8,300
ps $9.400
ps $9-500
ps $9,600
Subject to availability
v.10.01.011
Table 27:Class Of Service Option-Installation Fees
AT&T and Customer Confidential Information
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AT&T Managed Internet Service—Pricing Schedule AT&T MA Reference No.
csn taaertensr---j
Table 30:MPLS PNT Feature
Discount: WA
Class of Service Undlscounted $1,000 Dlscount:N/A
Installation Fee Access Method Speed Undlscounted
v.23.06 Monthly Service
e
Fee Table 28:MIS+NC3 Option(ICB Only) w/Mana ged Router,
and M13 w/
Discount: WA Managed Router
Feature Undlscounted Monthly Service Fee Option 2
MIS Only Private Line
MIS+NC3 Site Fractional T-1 Fractional T-1(56K-
License Foe 3 r $1,200 56K-768K— 768K— $200
MIS+NC3 Ske Private Line
License Fee 3 r $1,050 NxT-1 Private Line NxT-1
MIS+NC3 Tier 1 (2 through 8) (3 Mbps-12 Mbps) 00
52
3 rt $100 Private Line Ti T-1 1.54 Mbps) $200
v.04.29.02 Private Line T3 2 Mbps HI-Ca Flex T3 $1,000
Private Line T3 3 Mbps(HI-Cap Flex T3 $1,000
Table 29:MI3+NC3 Private Line T3 4 Mbps HI-Ca Flex T3 $1,000
Installation Fees(ICS Only) Private Line T3 5 Mbps(HI-Cap Flex T3 $1,000
s Discount: 0.0% Private Line T3 6 Mbps(HI-Cap Flex T3) $1,000
Feature Undlscounted Installation Fee Private Line T3 7 Mbps(HI-Cap Flex T3 $1,000
List Price MI3 Private Line T3 8 Mbps(HI-Cap Flex T3 $1,000
MIS+NCS Ste $2,500 Private Line T3 9 Mbps(HI-Cap Flex T3) $1,000
Preparation Fee Private Line T3 10 Mbps(HI-Cap Flex
v.2.3.06 T3) $1,000
Private Line T3 15 Mbps(HI Cap Flex T3
or Fractional T3) $1,000
Private Line T3 20 Mbps(HI-cap Flex T3,
or Fractional T3) $2,000
Private Line T3 25 Mbps(HI-cap Flex T3,
or Fractional T3) $2,000
Private Line T3 30 Mbps(Hl-cap Flex T3,
or Fractional T3) $2,000
Private Line T3 35 Mbps(HI-cap Flex T3,
or Fractional T3) $2,000
Private Line T3 40 Mbps(HI-cap Flex T3,
or Fractional T3) $2,000
Private Line T3 45 Mbps Full T3 $2,000
Private Line T3 6.45 Mbps(Burstable
T3) $2,000
Private Line 0C3 OC-3(35455 Mbps)Flat
rate,Burstable,or HI-
Cap flex $5,000
Private Line OC-12(70.622 Mbps)
OC12 Flat rate,HI-Cap Flex,or
Burstable $10,000
Private Line OC-48(600-2500 Mbps) $20,000
OC42 Flat rate,HI-Cap Flex or
Burstable
Ettlernot 512K bps-1.3 Mbps $200
Ethernet 2-15 MbV9 $1,000
Ethernet 15.01-45 Mb $2,000
Ethernet 1 45.01-153 Mbps $5,000
Ethernet 1 155.01 -622 Mb $10,000
Ethernet 1 62201 -1000 Mb p* $20,000
(1024K not available with MPL3 PNT)
v.10.1 Z 07
AT&T and Customer ConfldeMlal Information
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AT&T Managed Internet Service—Pricing Schedule AT&T MA Reference No. 135-7.
C 2252
Table 31: MPLS PNT UnI1Unk Feature 24 Port POE Add-On $85
8 Port Analog Module Add On $40
Discount: WA v.5.14.09
Access Method Speed Undiscourked Monthly
Service Fee MIS PNT Table 3:LHe-Cycle Managemerd Charges-Service Charges
and MIS PNT with
Managed Router : N/A
T-1(1.54 Mbps) Per Site/Per Occurrence Undlscounted Service Charge List
Private Line T-1 Burstable T1 $200 during Standard Business Price
2-45 Mbps(Flat Hours(Monday-Friday,8:00
Rate,HI-Cap Flex or am-5:00 pm,local time)
Private Line T-3 Surstable T3) $2,000
OC-3(35-155 Mbps) Move,Addition,Change to $260 Flat rate,Burstable, Service
Private Line OC-3 or HI-Cap flex $5,000 Delete Service $500
OC-12(70-622 v.5.14.09
Mbps)Flat rate,Hi-
Private Una OC- Cap Flex,or Table 4:Class Of Service Option-when ordered with AT&T BVoIP
12 Burstable $10,000 Services only
Private Line OC- OC-48 $20,000
48 Discount: 100%
Ethernet 512 Kbps -1.5 $200 Class of Service Monthly
Mbps Service Fee $225
Ethemet 2-45 Mbps $2,000 v.1.9.09
Ethernet 45.01-155 Mbps $5,000
Ethernet 155.01-622 Mbps $10,000
Ethemet 622.01-1000 Mbps $20,000
v.10.12.07 Section III: Additional Service Fees
Table 32:MultiCast Monthly Service Fes
Moving Fes Burin hours $1,000 per location
NIA Additional Moving Fee Additional$500 per location
MUItICast Monthly Service Fee ICB (outside standard operating
hours-8:00 a.m.to 5:00 p.m.
Monday through Friday)
Table 33:MultlCast Installation v.07/01/04
NIA Section IV: Local Access Pricing
MUItICast Installation Fee ICB
NPA/ Location Access Local Local
NXX Bandwidth Access Access
Section II: AT&T Business In a Boxy" Non- Net
Recurring Monthly
Table 1: Service Component Replacement - Next Business Oay Charge Recurring
Shipped(5x8)Monthly Charges Charge
N/A Fort
Service ComponenUOevice Undiscounted Mont 817-392 Worth,hly Ethernet-100
Mbps $0.00 $1,150.12
Service Charge TX
Base Unit 12 Port $50
Base Unit 24 Port $70
8 Port POE Add-On $30
24 Port POE Add-On $75
8 Port Analog Module Add-On $35
v.5.14.09
Table 2:On-Site Maintenance 124X7X4)Monthly Charges
QIscount N/A
Option Undiscounted Monthly
Service Charge
Base Unit 12 Port $75
Base Unit 24 Port $95
8 Port POE Add-On $35
AT&T and Customer Confidential Information
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M&C Review
City Council Agenda
FORT WORTH
COUNCIL ACTION: Approved on 31112011
REFERENCE 04AT&T
DATE: 3/1/2011 NO.: C-24756 LOG NAME: TELECOMMUNICATION
SERVICES
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Universal Agreement for Telecommunications Services with AT&T
for the Information Technology Solutions Department Using a State of Texas Department of
Information Resources Contract at an Annual Cost Not to Exceed $2,400,000.00
RECOMMENDATION:
It is recommended that the City Council authorize AT&T to provide telecommunications services at multiple
City of Fort Worth sites for the Information Technology Solutions Department using State of Texas
Department of Information Resources Texan 2000 SWB-LS contract at an annual cost not to exceed
$2,400,000.00.
DISCUSSION:
Employees are provided access to information systems and resources via the City's data network. This
network provides the connectivity required for technology such as computers, workstations, video, etc. A
key component of this connectivity is one or more telecommunications circuits provided by public
telecommunication providers.
AT&T is one of the City's primary telecommunication providers. The City's current agreement with AT&T
has expired. This agreement includes services such as high bandwidth and fiber optic type technologies.
Staff recommends the execution of a universal service agreement with AT&T to support network
connectivity.
In awarding specific telecommunication orders for service, staff continues to broaden its use of
telecommunication vendors. Specific telecommunication service orders are competitively awarded to
telecommunication vendors based on price, service and capacity to ensure the City is getting the best
value. This Universal Agreement allows the City to Use AT&T where appropriate.
The State of Texas Department of Information Resource is authorized to offer the cooperative purchasing
programs to state agencies, public institutions of higher learning, public school districts and local
governments. Pursuant to Government Code Section 791.025, a local government that purchases goods
and services under the Interlocal Cooperation Act satisfies otherwise applicable competitive bidding
requirements.
ADMINISTRATIVE INCREASE - An administrative amendment or increase may be made by the City
Manager for an amount up to $50,000.00 and does not require specific City Council approval as long as
sufficient funds have been appropriated.
M/WBE —A waiver of the goal for M/WBE subcontracting requirements was requested by the IT Solutions
htp://apps•cfwnet.org/coundi-pad(Wmc_review.asp?ID=14513&cDuridkiate=3/1/2011(1 of 2)[3/2/2011 1:33:54 PM]
I
M&C Review
Departmept and approved by the M/WBE Office because the purchase of goods and services is from
soutces where subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS - This agreement will begin March 1, 2011 and expire August 31, 2011.
RENEWAL OPTIONS - This agreement may be renewed in accordance with the terms of the DIR Texan
Contract. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Information Systems Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P168 535080 0046002 $2,400,000.00
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Peter Anderson (8781)
Additional Information Contact: Steve Streiffert (2221)
ATTACHMENTS
http://apps.cfvinet.org/council_packet/mc_review.asp?ID=14513&councildate=3/1/2011(2 of 2)[3/2/2011 1:33:54 PM]
Chakrathouk, Manivanh
From: DeHoyos, Beatrice
Sent: Thursday, August 25, 2011 3:34 PM
To: Chakrathouk, Manivanh
Subject: RE: Contract: AT&T-
This is part of the first renewal.
Please let tne know if you have any questions
T'hawt,k.�l
18acLtr%c&De'Hoyo-k
IT Business Systems Coordinator
IT Solutions/City of Fort Worth
beatrice.dehoyos a,fortworth ov orb
Tel: 817.392.6640
4 P t�vwe tkne4i t 1,sv kn,&Wled aLiw,ci payj,the.'beat Z�vtte l"t."
From: Chakrathouk, Manivanh
Sent: Wednesday, August 24, 20118:39 AM
To: DeHoyos, Beatrice
Subject: Contract: AT&T-
Hello Beatrice,
Please advise if this contract is part of the first renewal or will this be the second renewal to master agreement CSC No.
41553?
Thank you,
Man ivanh.ChakrathoukLfortwoilhgov or
i
SCATS 20100913-0129
AT&T MA Reference No 138256UA
CITY SECRETARY
CONTRACT Na.- q ISS--�
MASTER AGREEMENT
Customer _ _ ATBT_
------- --------------------- -----
City of Fort Worth AT&T Corp. --�--`—-- ---�--------
Street Address: 1000 Throckmorton St, or enter the International Affiliate Name
City. Fort Worth State/Province: TX
Zi Code: 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
Telephone: 817 392 6068 With a copy to:
Fax: 617 386 6874 AT&T Corp.
Email: sean.malone @fortworhtgov.orm One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email mast att.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 Name: Kara" T MO Name:
Assistant City Manager ~-�-
Title Title:
/___/-------------- — ri_s
Date: / �!
Date _
APPROVED AS TO
FORM D LEGALITY.
A,SSI-rANT C TTQRNEY 3 I[Mtl
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AT&T alpr�i 6n al Information
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1. INTRODUCTION
1.1 Overview of Documents- The terms and conditions governing the Services that AT&T provides to Customer are set
forth in this Master Agreement, the following additional documents, and any other documents executed by the parties and
referencing this Master Agreement(which documents together with this Master Agreement are called"this Agreement"):
(a) Pricing Schedules. A Pricing Schedule (including related attachments) identifies the Services AT&T may provide to
Customer, the price (including discounts, if applicable)for each Service, and the term during which such prices are in
effect("Pricing Schedule Term").
(b) Tariffs and Guidebooks."Tariffs"are documents containing the standard descriptions,pricing,and other terms and
conditions for a Service that AT&T files with regulatory commissions."Guidebooks"are documents containing the
standard descriptions,pricing,and other terms and conditions for a Service that were,but no longer are,filed with
regulatory commissions. Tariffs and Guidebooks may be found at att.com/servicepgtl ations or other locations AT&T
may designate.
(c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to Services provided over or accessing the
Internet. The AUP may be found at att.com/aun,or other locations AT&T may designate.
(d) Service Guides. The description, pricing, and other terms and conditions for the Service not covered by a Tariff or
Guidebook may be contained in a Service Guide, which may be found at att.com(servicenublications or other locations
AT&T may designate.
1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Master
Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where
existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms.
1.3 Revisions to Documents. Subject to Section 8.2(c) (Materially Adverse Change), AT&T may revise Tariffs,
Guidebooks,Service Guides or the AUP(collectively"Service Publications")at any time.
1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this
Agreement in its own name and such Affiliate contract will be a separate, but associated, contract incorporating the terms of
this Master Agreement with respect to that Pricing Schedule. Customer and AT&T will arrange to have their respective
Affiliates comply with this Agreement,regardless of whether an Affiliate has signed a Pricing Schedule.
1.5 Capitalized Terms.Capitalized terms not otherwise defined in this Agreement are defined in Section 11 (Definitions).
2. AT&T DELIVERABLES
2.1 Services. AT&T agrees to either provide or arrange to have an AT&T Affiliate provide Services to Customer in
accordance with this Agreement, subject to availability and operational limitations of systems, facilities and equipment. Where
required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider.
2.2 AT&T Equipment. Services may include use of certain equipment owned by AT&T that is located at the Site("AT&T
Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T
Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the
risk of loss or damage to AT&T Equipment (other than ordinary wear and tear) except to the extent caused by AT&T or its
agents.
2.3 Software. Any software used with the Services will be governed by the written terms and conditions applicable to
such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions
and they take precedence over this Agreement as to such software.
3. CUSTOMER'S COOPERATION
31 Access Right. Customer will in a timely manner allow AT&T to access property and equipment that Customer
controls as reasonably required to provide the Services, and Customer will obtain, at Customer's expense, timely access for
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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 AT&T's 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 installation of the
Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will
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&T's consent.
4. PRICING AND BILLING
4.1 Pricing and Pricing Schedule Term; 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 Customer's 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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4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an
applicable Tariff or Guidebook) and must refer to the invoice dumber. Charges must be paid in the currency specified in the
invoice. Restrictive endorsements or other statements on checks are void. To the extent permitted by law, Customer will
reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable and
necessary attorney's fees that are equitable and just. AT&T may charge late payment fees (a) for Services contained in a
Tariff or Guidebook,at the rate specified therein,or(b)for all other Services,at the lower of 1.0%per month(12%per annum)
or the maximum rate allowed by law for overdue payments.
4.5 Delayed Billing;Disputed Charges.Customer will not be required to pay charges for Services invoiced more than 6
months after close of the billing month in which the charges were incurred,except for automated or live operator assisted calls
of any type. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charges and the
reason it is disputed within 6 months after the date of the affected invoice or Customer waives the right to dispute the charge
(except to the extent applicable law or regulation otherwise requires). Disputed charges may be withheld,but if not paid when
due, Customer will incur late payment fees in accordance with Section 4.4 (Payments); however, to the extent AT&T
determines the charges Customer disputed and withheld were invoiced in error, late payment fees for such charges will be
reversed.
4.6 MARC. Minimum Annual Revenue Commitment("MARC") means an annual revenue commitment of MARC-Eligible
Charges set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 consecutive month period of the
Pricing Schedule Term. At the end of each such 12 month period, if Customer has failed to satisfy the MARC for the
preceding 12 month period, Customer will be invoiced a shortfall charge in an amount equal to the difference between the
MARC and the total of the applicable MARC-Eligible Charges incurred during the 12 month period,and payment will be due in
accordance with Section 4.4(Payments).
4.7 Adjustments to MARC.
(a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or
significant restructuring or reorganization of Customer's business, or network optimization using other Services, or
reduction of AT&T's prices, or force majeure events, any of which significantly impairs Customer's ability to meet
Customer's MARC,AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services(with
a corresponding adjustment to the prices or discount available at the reduced MARC level). If the parties reach
mutual agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively.
This Section 4.7 will not apply to a change resulting from Customer's decision to use service providers other than
AT&T. Customer will provide AT&T written notice and evidence of the conditions Customer believes will require the
application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring
charges and shortfall charges Customer incurs prior to amendment of the affected Pricing Schedule.
(b) If Customer,through merger,consolidation,acquisition or otherwise,acquires a new business or operation,Customer
and AT&T may mutually agree to include the new business or operation under this Agreement. Such agreement will
specify the impact,if any,of such addition on Customer's MARC or other volume or growth discounts,and Customers
attainment thereof.
5. CONFIDENTIAL INFORMATION
5.1 Confidential Information. Confidential Information means: (a) information the parties share with each other in
connection with this Agreement or in anticipation of providing Services under this Agreement, but only to the extent identified
as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this
Agreement and any pricing or other proposals.
5.2 Obligations. Each party's Confidential Information will, for a period of 3 years following its disclosure to the other
party (except in the case of software, which is indefinite): (a) be held in confidence; (b) be used and transmitted between
countries only for purposes of using the Services or performing this Agreement (including in the case of AT&T, the ability to
utilize Customer's Confidential Information in order to detect fraud, check quality, and to operate, maintain and repair the
Services); and(c) not be disclosed, except to the receiving party's employees, agents and contractors having a need-to-know
(but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure
restrictions as restrictive as this Section 5), or to the extent authorized to be revealed by law, governmental authority or legal
process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing
party to the extent practicable and not prohibited by law, governmental authority or legal process).
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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.
5.4 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 UABILITY
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&TS 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;
(ii) BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity), OR SECTION 10.2
(Trademarks);
(iii) 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.
63 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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COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY
RESPONSE NUMBER); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR
THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER'S, ITS AFFILIATE'S,,USERS', OR THIRD PARTIES'
APPLICATIONS,CONTENT, DATA, PROGRAMS,CONFIDENTIAL INFORMATION, NETWORK,OR SYSTEMS.
6.4 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will
apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise and whether damages were
foreseeable, and will apply so as to limit the liability of each party and its Affiliates, and their respective employees, directors,
subcontractors, and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any
exclusive remedies provided in this Agreement.
7. THIRD PARTY CLAIMS
7.1 AT&T's Obligations. AT&T agrees at its expense to defend or settle any third-parry claim against Customer, its
Affiliates,and its and their respective employees and directors, and to pay all compensatory Damages that a court may finally
award against such parties to the extent the claim alleges that a Service provided to Customer under this Agreement infringes
any patent, trademark, copyright, or trade secret, but not in circumstances where the claimed infringement arises out of or
results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the Service by Customer, its Affiliates or
third parties, or combinations of the Service with any services or products not provided by AT&T; (c) AT&T's adherence to
Customer's or its Affiliate's written requirements;or(d)use of the Service in violation of this Agreement.
7.2 Intentionally Left Blank
7.3 Infringing Services.Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for
Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non-
infringing.
7.4 Notice and Cooperation. The party seeking defense or settlement of a third party claim under this Section 7 will
notify the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so
will have no effect except to the extent the other party is prejudiced thereby. The party seeking defense or settlement will
allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense;but the
defending party will use counsel reasonably experienced in the subject matter at issue,and will not settle a claim without the
consent of the party being defended, which consent will not be unreasonably withheld or delayed,except that no consent will
be required where relief on the claim is limited to monetary damages that are paid by the defending party under this Section 7.
S. SUSPENSION AND TERMINATION
8.1 Termination of Agreement.This Agreement may be terminated immediately upon notice by either party if the other
party becomes insolvent,ceases operations,is the subject of a bankruptcy petition,enters receivership or any state insolvency
proceeding,or makes an assignment for the benefit of its creditors.
8.2 Termination or Suspension of Services.The following additional termination provisions apply:
(a) Fraud or Abuse. AT&T may terminate or suspend an affected Service, and if the activity implicates the entire
Agreement, terminate the entire Agreement, immediately by providing Customer with as much advance notice as is
reasonably practicable under the circumstances if Customer: (i)commits a fraud upon AT&T; (ii) utilizes the Service
to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or
Service;or(v)interferes with another customer's use of AT&T's network or services.
(b) Material Breach. If either party fails to perform or observe any material term or condition of this Agreement,
including non-payment of charges (subject to Section 4.5 — Delayed Billing; Disputed Charges), and such failure
continues unremedied for 30 days after receipt of notice, the non-breaching party may terminate the affected
Service, and if the breach implicates the entire Agreement,terminate the entire Agreement. If Customer is in breach,
AT&T may elect to suspend (and later terminate) the affected Service, and if the breach implicates the entire
Agreement, suspend(and later terminate)the entire Agreement.
(c) Materially Adverse Change, If AT&T revises a Service Publication and the revision has a materially adverse impact
on Customer, and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after
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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 govemmental 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: (1)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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months remaining in the Minimum Payment Period,plus any waived or unpaid non-recurring charges identified in the
Pricing Schedule (including, but not limited to, any and all charges for failure to satisfy a Minimum Retention Period
(MRP)), plus any charges incurred by AT&T from a third party(e.g., not an AT&T Affiliate)due to the termination, all
of which will, if applicable, be applied to Customer's MARC-Eligible Charges; and (ii) if Customer terminates a
Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC, after
applying amounts received pursuant to(i),for the balance of the Pricing Schedule Term.
(c) The charges set forth in Section 8.5(b)(i) will not apply if a terminated Service Component is replaced with an
upgraded Service Component at the same Site, but only if(i) the Minimum Payment Period and associated charge
for the replacement Service Component are equal to or greater than the Minimum Payment Period and associated
charge for the terminated Service Component, and (ii) the upgrade is not restricted in the applicable Service
Publication.
8.6 Appropriations; Funding. By executing a Pricing Schedule,Customer warrants that Customer has funds appropriated and
available to pay all amounts due thereunder through the end of Customer's current fiscal period. Customer further agrees to
request all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of
the Pricing Schedule Term. In the event Customer is unable to obtain the necessary appropriations or funding for the Services
provided under a Pricing Schedule,Customer and AT&T will develop revised terms,an alternative payment schedule or a new
Pricing Schedule to accommodate the Customer's budget (collectively known as a modified agreement). The modified
agreement will be negotiated subject to current regulatory guidelines and retain the same total value through extension of the
contract term. Customer must provide AT&T thirty (30) days' written notice of its intent to enter into a modified agreement
under this Section and such notice must indicate that Customer has taken all actions necessary to obtain adequate
appropriations or funding.
9. IMPORTIEXPORT CONTROL
The parties acknowledge that equipment, services, software, and technical information (including technical assistance and
training)provided under this Agreement may be subject to import and export laws,conventions or regulations, and any use or
transfer of the equipment, products, software, and technical information must be in compliance with all such laws,conventions
and regulations. The parties will not use, distribute, transfer, or transmit the equipment, services, software, or technical
information (even if incorporated into other products) except in compliance with such laws, conventions and regulations.
Customer, not AT&T, is responsible for complying with such laws, conventions and regulations for all information, equipment
and software Customer transmits between countries using the Services.
10. MISCELLANEOUS PROVISIONS
10.1 Intentionally Left Blank
10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade
names, logos, trademarks, service marks, or other indicia of origin without the other parry's prior written consent, which
consent may be revoked at any time by notice. Section 10.2 shall not apply to a valid request for documents meeting the
requirements of the Texas Open Records Act.
10.3 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay,failure in performance,
loss or damage due to fire, explosion,cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of
civil or military authority, war,terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of
regulatory or governmental agencies,or other causes beyond such party's reasonable control.
10.4 Amendments and Waivers.Any supplement to or modification or waiver of any provision of this Agreement must be
in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement
will not operate as a waiver of any other breach of this Agreement.
10.5 Assignment and Subcontracting.
(a) This Agreement may not be assigned by either party without the prior written consent of the other party (which
consent will not be unreasonably withheld or delayed). Customer may, without AT&T's consent, but upon notice to
AT&T, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, but Customer
will remain financially responsible for the performance of such obligations. AT&T may, without Customer's consent,
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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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11. DEFINITIONS
The following terms have the meanings set forth below:
"Affiliate"of a party means any entity that controls,is controlled by,or is under common control with, such party.
"Damages"means collectively all injury,damage,liability,loss,penalty,interest and expense incurred.
"Effective Date"means, for any Pricing Schedule, the date on which the last party signs the Pricing Schedule unless a later
date is required by regulation or law.
"MARC-Eligible Charges" means, unless the applicable Pricing Schedule indicates otherwise, the recurring and usage
charges, after deducting applicable discounts and credits(other than outage or SLA credits), that AT&T charges Customer for
the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible
Charges: (a) charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in
connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911
and deaf relay charges).
"Minimum Payment Period" means, in respect to any Service, the minimum period for which Customer is required to pay
recurring charges for the Service,as specified in the Pricing Schedules or Service Publication for that Service.
"Minimum Retention Period"means,in respect to any Service,the period of time for which Customer is required to maintain
service to avoid the payment of certain credits, waived charges, or unpaid amortized charges, all as specified in the Pricing
Schedule or Service Publication for that Service.
"Service Component"means an individual component of a Service provided under this Agreement.
"Site"means Customer's physical location,including Customer's collocation space on AT&T's, its Aff iliate's,or subcontractor's
property,where AT&T installs or provides a Service.
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