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Contract ID:
<br /> , ATBT Multi-Service Agreement
<br /> ' Terms and Conditions
<br /> Contract Prices;�Taxes and Surcharctes: Unless otherwise stated in a ARE SPECIFIED IN THE AT&T SERVICE GUIDE); OR UNAUTHORIZED
<br /> Pricing Schedule, other than for VoIP and resold local exchange service ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF
<br /> the rates and charges stated in the Pricing Schedule are stabilized for the YOUR, USERS' OR THIRD PARTIES' APPLICATIONS, CONTENT,
<br /> term of the Pricing Schedule (the "Term"), but do not include taxes and DATA,PROGRAMS, INFORMATION,NETWORK OR SYSTEMS.
<br /> regulatory charges which are not stabilized. You are responsible for all Disclaimer of Warranties: AT&T MAKES NO EXPRESS OR IMPLIED
<br /> applicable taxes and regulatory surcharges. Regulatory surcharges, WARRANTY AND DISCLAIMS ANY WARRANTIES OF
<br /> including but not limited to UCC, USF, PICC and payphone charges, are MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
<br /> specified in the AT&T Seroice Guide. Upon expiration of the Term and AT&T DOES NOT WARRANT THAT THE SERVICES WILL BE
<br /> subject to any notice periods set forth in the Service Guide and to any UNINTERRUPTED OR ERROR-FREE. AT&T DOES NOT WARRANT
<br /> applicable minimum payment or retention periods, the Services will NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY
<br /> continue on a month-tamontt� basis during which AT&T may modify the SERVICE,THE INTEGRITY OF ANY DATA THAT IS SENT,BACKED UP,
<br /> rates, charges, terms and conditions applicable to the Service covered by STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T'S
<br /> such Priang Schedule on thirty(30)days'prior notice. SECURITY PROCEDURES WILL PREVENT THE LOSS OF,
<br /> Pavment and Deposits: Payment is due thirty(30)days after t�e invoice ALTERATION OF, OR IMPROPER ACCESS T0, YOUR DATA AND
<br /> date and must refer to invoice number. Restrictive endorsements or other INFQRMATION.
<br /> statements on checks will not apply. For overdue payments, AT&T may Billinq and Disautes: If You do not dispute a charge in writing witttin 6
<br />� assess a late fee of the lower of 1.596 per mon#h (18�per annum)or the months after the invoice date,You waive the dispute. AT&T must issue a
<br /> maximum rate allowed by !aw and all costs (induding attorney fees) of bill within six (6) months after �e month in which the charges were
<br /> collecting delinquent or dishonored payments. AT&T may require you to incurred (other than for automated or live operated assisted calls) or it
<br /> pay a deposit or increase an existing deposit as a condifion of providing waives the charges.
<br /> Services.You authorize AT�T to investigate your credit history at any time Eauipment: AT&T shall retain atl right,title or interest in AT&T equipment
<br /> and to share credit information about you with credit reporting agencies. If and no ownership rights in AT&T equipment shall transfer to You. You
<br /> annual MARC-Eligible recurring and usage charges (after must provide elecbic power and a suitable and secure environmertt free
<br /> discounts and credits) do not equal or exceed the MARC in Your from environmental hazards far AT&T equipment, and You shall keep the
<br /> Pricing Schedule, You will be billed an amount equal to the AT&T equipment free from all liens, charges, and encumbrances. AT&T
<br /> unsatisfied MARC for fhe contract year. equipment shall not be removed, relocated, modifled, interfered with, or
<br /> Termination and Termination Charaes: Either party may termina#e for attac�ed to non-AT&T equipment without prior written authorization from
<br /> material breach upon thirty(30)days priw written notice ta the other party. AT&T. Title to and risk of loss of equipment AT&T sells You("Purchased
<br /> If a Pricing Schedule is terminated by You for convenienee or by EquipmenY') will pass to You as of the delivery date, upon which date
<br /> AT&T for cause before the end of the Term, You will be billed an AT&T will have no further obligations of any kind with respect to that
<br /> early termination charge of 50'� of the unsatisfi�l MARC Purchased Equipment, except as set forth in an applicable Attachment,
<br /> remaining in the Term. If a Service Component is terminated Priang Schedule or Service Guide. If You do not accept the Purchased
<br /> during its minimum retention period, You must pay any Equipment, the Purchased Equipment must be retumed to the
<br /> associated credits, waivers or unpaid amortized charges. If a manufacturer. AT&T will obtain from ihe manufacturer and forward to You
<br /> Service Component is terminated during its minimum paymenf a f2etum Material Autltoriza6on. AT8�T retains a purchase money security
<br /> period, You must pay the applicab� amount of the monthty interest in aN Pu�chas�Equipment until You pay�Or it in full; You�ant
<br /> charge multiplied by the►rronfhs remainirrg in the period. ATB�T as Your agent to src�}n and file a financing statement ta perfect
<br /> Limitation of liabilitv: EITHER PARTY'S ENTtRE IIABILITY (OTHER AT&Ts security interest. AI! Purchasea� Equipment is provided on
<br /> THAN CUSTOMER'S LIABILITY fOR PROPERLY DUE CMARGES)AND an AS IS°basis, excepf that AT&T wil/pass through #o you any
<br /> THE OTHER PARTY'S EXCLUSIVE REMEDIES FOR ANY CLAIMS wamanfies availaWe from its suppliers, #o the extenf that AT&T is
<br /> ARISING IN CONNECTIOIV WITH THIS AGREEMENT SHALL BE Permitteaf to do so under its contracts with those suppliers.
<br /> LIMiTED TO PROVEN DIRECT DAMAGES NOT TO EXCEED IN THE Resale Prohibited: Unless�licable tocal taw or regulation mandates
<br /> AGGREGATE DURING ANY TWELVE-MONTH PERIOD THE TOTAL otherwise,You may not resell the Senrices to third parties.
<br /> NET PAYMENTS PAYABLE BY YOU FOR THE AFFECTED SERVICE Goveming Law: Unless applicabie iaw requires otherwise, state law
<br /> DURtNG THE THREE MONTHS PRECEDING THE MONTH IN WHtCH ���ceming the construction, interpretation and pertormance of this
<br /> THE DAMAGE OCCURRED. NEITHER PARTY SHALL BE LlABLE FOR Agreement shall be govemed by the laws of the State of New York,U.S.A.,
<br /> ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, exduding its choice of law rules.
<br /> RELIANCE OR SPECIAL DAMAGES, INCLUDING DAMAGES FOR LOST EMire A�reement: THIS AGREEMENT, THE AT&T SERVICE GUIDE,
<br /> PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR INCREASED THE AT8�T ACCEPTABLE USE POLICY AND THE AT&T BUSINESS
<br /> COST OF OPERATiONS, WHETHER OR NOT THE PARTY HAS BEEN COMMUNICATIONS SERVICE AGREEMENT COWSTITUTE THE
<br /> ADViSED OF THE POSSIBILITY OF SUCH DAMAGES. AT&T SHALL ENTIRE AGREEMENT BETWEEN THE PRRTIES. THIS AGREEMENT
<br /> NOT BE UABLE FOR ANY DAMAGES ARISiNG OUT Of OR RELATING Sl1PERSEDES ALL PRIOR AGREEMf�ITS, PROPOSALS,
<br /> T0: INTEROPERABILITY, INTERACTION, ACCESS OR REPRESENTATIONS, STATEMENTS OR UNDERSTANDINGS,
<br /> INTERCONNECTION PROBLEMS WITH APPLICATIONS, E4UIPMENT, WHETHER WRITTEN OR ORAL CONCERNING THE SERVICES. THIS
<br /> SERVICES, CONTENT OR NETWORKS NOT PROVIDEQ BY AT&T; AGREEMENT SHALL NOT BE MOC3IFIED OR SUPPLEMENTED BY ANY
<br /> SERVICE iNTERRUPTIONS OR LOST OR ALTERED MESSAGES OR ���N OR ORAL STATEMENTS, PROPOSALS,
<br /> TRANSMISSIONS (EXCEPT TO THE EXTENT CREDIT ALL�WANCES REPRESENTATIONS, ADVERTISEMENTS, SERVICE DESCRIPTIONS
<br /> AT&T hAulti-5ervice,s Agre.ert�[tt ATB�T AND CUSTOMIER CONF�ENitAL Upda�ed: 09/O6
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