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HomeMy WebLinkAboutAmeritech1vrv2MA PMtnIICGN.GtLLGIAn-YAGNG SEHVICES I .. i - Pogin®BIVIeea: L. ! 3/29/Q5 DATE ??? ig 8777F, d. o.d;Suite'IOo Indianapoli5'IN 46268, 1.800-2355209 ORIGINATING 1Rd ls p . OFRiCE 3 Fix 17131 31 7I71N728 B2- Od 317 - - SALESTERRITORY 202237 SERVICE A'GREEMENT)EQ I U PMENT LEASE P, Am0lem howh agrees Is lumsh, and IDe unearNg,Bd SutrscnheC flvreey.agreeslo,asop,vpartarr¢sugetlm Ne[sera an0 coMiiions set bnHm tha erns. . one-.M'.xs oY Pa4inFl ,Via. QSe..War Cd11 m.n.n&arI - uipmen1005Cn6M as lalbws: , CUSTOMER NAME BILLING`ADDRESS' ..ACCOUNT. -City - rRrme7 3TREETADCRES ART. PHONE - 31 lstl,Avenue N:W, 3.1 5 Y-1 - 2 5-8 6 CITY STATE 21? . . ARE'CODE Carnet IN 46032 CONTACT TITLE 1 SICGOOF 1 I James S. Kinder Director IECUL RC NUMBER SERVICE'AODAE55 STREET ADDRESS; AP_Ta PHONE GRY STATE ZIP AREA CODE CONTACT TITLE SERVICE " 'TERRTORY SERVICE lLING START DATE:' Nay 1Y, 190fi ?ADD SERVICE. J]NEw,GERVICE []RECONNECT AREA CODE' PAGER OR AVMs CAPCODE :SALE SOURCE and sta ide coverage; ** See.atta' addendum for d RATE $3.751M . ?N ul 'PENTAL Il FREGUENCY 157-84 IBIMONTHINADVANCE - Ll - n,Q-A.m. El EOUIPMENTVALUE LAST MONTH PREPAYMENT [Ae usumfTEDCRL45 ? BBEHQF.GH VOIGE ME35AGLG PAGER FFQTECTICN PLAN (PPP), yes. E YECUTIVEPACKAG E EQUIPMENT pEPOSITPIIRCHASE U USAGESENSDDVE _ _ STANDARD PACKAGE OTHER DETAIL BILLING ? MESSAGE EXPRESS F] r ADDITIONALZONES SALES T0.N GinER: E9i11 p. QedUOti6l eSi, Numeric $50.40/e PAGER MAINTENANCEAGPEENENT(PMA) 'EbUIPMENTLOSSDEDUCTIBIE PA'. .. At HAn merit p?nn nni s W---- PAGER HANDLING FEE 20M Memo,, Dasa Pate is iudject to Slale and LUCal lu.s es pmwb.ed b Y.ateTMt ylaw.. 'TOTAL CUE Thnae laee9 will appoar,on ynut munfMy OUNT EQUIPMENT SOLD (TYPE) `COST(eal OT.. TOTAL AM D ..? CASH ASH /?CHECKa El CASHIERS CHECK OR MONEY ORQER N 960929002557 E.W. ? Raw ? APPROVALA ALITHIGOOE'Y `c ? GHCDIT.C0.RDiw...n eu. e+o.i ?VISA?M ARD MONTHS) ? 1'YEAR anrY'Z, r-.1- l-.....?.,... ©.OISCOVOR ACCT1 YEARS Q OTHER- 't wrIALS X lPRMT NAMES City of-Carmel Cu??Slomer DA7 'Dal SERVIC6EILLING END DATE: I DISCONNECT.CODE -T7 frig Agreement for P77dio Paging Service t4SmmIco") ri Pagers and tad EPufpment (-Equip.hbat is between the party whom name appears on the side of tl'a document arq,Amem ice Celluar-Paging Services. 8777 Purdue d, Suite 1PO. Indianapolis, IV 46268, ("AMERITECH CELLULAR-PAGING VICES' I. In this common.' Subscato , "You. or your .tons to thri Milto- n entity who signs this Agreement ton service, and "vie-11'u44oL:8rln retailer to iRITECHCELWLAR-PAGINGSERVICES. Subject Matter of this Agreement. We allies to provide you wife Miguuse j qumm re pf any) anal to provids you mite mse or two-way Service in a :die gcalk. hi. .a. The particular nature of such Servico and Equipmenl. The initial rates ld be crargod for each are bet form on the Ironl side of this cement. You are advised that 00 applicable Federel and Stale regulations, ding any State tariffs lawfully on file,-govern and are a pan of this normal y fill this AgraemenL you acknowledge that changes in any h regul'etimhs. Including but not limited tota ll will change this. Agreement. les O rmy applicabla.tariffs,.induding rats and carlditions of service, ful table for inspection during normal business flours at our offices at the an shown on fire front side of this Agreement y Bed tlctibles: C ;Tone IL Numeric Display unit' - --' 550.00 .. Voice Paging unit 550,00 ,. ?. r Alphanumeric Display,ul $100.00 Pa.§d EntiYTerminal $150.00 -'" If you lose the first unit of Equipment which we feral to you, the PPP will replace il.9m ONE replacement Tor each unit of renleif Equipmem is provided under the PPP. Replacement =P any be matle by us and will only Involve Equipment similar to kind and condition tone, last Equipment. WE WILL NOT, ''UNDER ANY CIRCUMSTANCES, PAY YOU IN CASH FOR ANY SUCH LOSS. PPP coverage for replacement units may be Olfe red to you at our solo discretion and, if provided, will require payment of the full PPP charge for each :"replacement am h ' 7. Pager Maintenance Agreement (Purchase Equipment).I You may .participate In our Pager Maintenance Program for puehand.Ecteprran by IEEMENT, ?D(IAG REE TO A MINIMUM'SERVICE,PERIOD, ¢dod is P art lie JengT. of tie coniran whkh'rjod3eleded do the Imnt 5tle of INS one paying toe Malnrarance Program charge. It you buy Ihe'Maintergence Program, and.et any time while you,own Equipment Purchased here us; the . pmanl, art six "' months: whichmver is longer: tnmughou this Agreement'- ri Equipment falls to perform under mmral mMillons due to defects in pans or '••?? Workmarfship, mill you need only notify our oMce or sales ropre roffative of The pe od Will be -1184 Ire Trauma Period. This Agreement will take ellnjc11 pct (ha7 when we amepl it and wi0 continue Trough The Inllial Penal. After Ire •, U Proocutrand ratite Wur Equipmem to our office during normal business hours. ,.Monday Trough Friday (except holidays) We will coordinate the repair of your will continue Imtl rte easier of (a) Jniry (30) days an I ll Period, INS All . Equipment, and no later than one (1) business day alter being'aotiried oh Ire Y . r the dote when you' hatlly us, le writing, Lhal you' warn to cancel Iris semen) or (b) Hu;da?e when YOU 'lail lq-abide by any of the Terms and pproblem, we will provide you with mummery replacement Equipment (at the . 1ili0ns'Of IniSAggreemenl. We are able to pfovitla,Service and/or Equenl ime ou et the esl.GSued rates bacausa of your agreem¢nl t'o"subsc ipmpm to kind.and condition to your Equipment) to use while your Equipment Is being ,. repaired: If we. in Our sole discretion. determine that your Equipment tanner be rGO lo[ he ntiaLPenon. Yoµapknpwbtlge.ltWt we will be damaged by your :elaeon of Service tl the initial Period in air amoum vial is'dillicull le repaired, and it the EguipmenYS failure was not due to abuse, misuse. or any unauthorized alteration or repair, then we will provide you with permanent me . mine, antl you agree Thal Ona Huntlretl. I]ollars ($100.00) per unit ...are a reasonable. estlmeuaa.olfont¢?ptetl tlamag65 nor any. eedy , . re bnmi.,,, ?h ca..a.d vin run replacement Equipment similar in kind and condition to the broken Equipmenl. „1;., 8.. Limltatlori at Liability. Due to the inherent characterid Jot radio raw, 1LiU ever rAT Lint Hural tD BULLAR5 5100.00) PER UNITTO Lea ens IT' air Ih?n rte per II eri _ e provitler,TYwsc reasons nc bW lad I IN gDBITION'R7`ACL. OTHER SERVICE CHARG S OUTSTANDINGON " are not li ired o dialing or power lailure. inallundioningg of wireline 1R ACCOUNT, a telephone services-antl equipment, andeletlmnic in:ererence.0ur liability to, Notice of CdncellatlSn` After the Initial 1`5764 Alter the Initial Pensid, if such probana is limited to the liability (il any), established by any maently give uslhiny 1301 dayi prior written notice of Service rancellalion. you will eilediv. Federal art Stale mgulaions .il N0, far, is. Letess riabrtity is Imposed W f Y by tadt, we am not liable to you le Earle i inferr for upbons special as tlelays Intransmission If • be responsi a or Service shot Equipment charges which accrue until ou Ids to. Soril; and we are rappt or coMequentiaT mit damages y (30) days alter the data you provide us with written notice of cancellation. cebsetl. by anyy such faflwe I. t(ens messages.Copies al appliratariffs ble ffs Equipment. You have the option al -owninand maintaining ur own are available for inspection during normal business hours el our ot(ices at the 9 .W atldres- shown on the feet shoe gl this Agreement. lament, or mortrg Equipmem Ism us a) rates we establish. If you purchase i' ipmenl Iron us, we y+ia provide the Equipment warranty set earn in 9, •. Denial of Servlce..ln no avant That you (a) abandon Equipmenl; (b) tail 10 squall 3. below, If you buy Equipment dram arki supplier, it is your pay any sum due, (of use feinted Equipmenl on any Unlahdul puryose; (0) use ronsib lily to determine whether your Equipment is with our IOUI or profane language; (e) impersonal. enoner win lapdulent compatible or (q vice. We reserve Ihq?dghl. pursuanl`to applicable Federal and Slate violate any provision of rte Cc matricatong Act of 1984, as amended, or of )lalims, to change rte c6n8guation of our Service system Imo way, which airy of the rules one regulations at rte Federal Communications Commission or ht make your Equipmerhj incompatible wfh.dur Service. _ any olher,fawful authority, then we in our sots discretion may either temporarily deny, Service or lerminale this Agreement r Limited Warranty; !patient whims y b from us egairet malfunction due to defects in pans pr kmanship lot n inety,190) days a f ter it is delivered to you. It rte Equipment 70, Assignment. agree not to sublease or otherwise Iransfer,orulispose of IunNons under _normal conditions due. to defects in parts of workmanship any ssign nt. You agree a no Service, nor or make any assignment of your or out interest in this Agreement without our nor refuse I We w ll at or s3py to any damage caused my xnnd caused. directly or tndlrectlr by IT Equipment or any the use of Equipment, (iii) tnterrupbon or loss of use or loss incidental or consequenlial damages of any kind. Loss or Demoga of Rentetl Equlpment. IF YOU RENT EQUIPMENT ]M US. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS O MAGE TO THE EQUIPMENT (EXCEPT FOR NORMAL WEAR AND TEAR LESS YOU PARTICIPATE IN OUR PAGER PROTECTION PLAN. You Your ,nesibilily tar rented Equipment includes but is rot limited to full repair coil costs; percent per month, orat the maximum ate permitted by applicable law, replacement costs: reasonable attorneys' lees: rewards paid; and all other sortable expenses which we incur in recovery or replacement of th the i pmenl. You agree that the replacement Will of Equipment last, stolen, or raged beyond repair shall be the average prime al. which we sell such iipment at the time when and in the place where the Equipment is lost In. or damaged. Deposits, If you realm the rented Equipmenl in goad condition. you will =I m any deposit previously made, minus any unpaid balance you owe fo for of vice ender for Equipment rental; but Yyou authorize us to keep pan or all such deposit, as necessary. as an oliset against any. actual replacement o or air costa. Pager Protection Plan (Rented Equipment). You may participate in Our jar Protection Plan (PPP) for ;anise Equipment by Signing the PPP section o of front side of his Agreement and paying Me PPP Charge. (Please tale: th the P cannot be used with purchased Equipmem) The PPP'covere all at you your fury to, risks of physical loss or damage to rented Equipment less T )[liable deductible, except the following: (a) Loss or damage mused by any unlawful use of the Equipment or by your intentional or willful acts or negligence, or those of You Your employees or agents; ea) Loss or damage incurred his your statement balance delinquent; or (c) Loss or Manage arising from transfer of the Equipment to an unoulbonzed Oiled party, ' p concern. not unreasonably withhotO our consent. 1 It. Rates and. Conditions of Service. The tnltlal monthly base rates for Se, and/or Equipment are set forth on the front side of this Agreement. The `:rates, vary from lime to time uppoon Wny I30) tlay -iwtice to you (or any / Ibm3ecnotiie requlrad by applicable urn Smi regulahorre. ). d 12 Billing and Payment Tares: Before we commence your Service, will r require all re and following (.)prepayment of me first and bast month's charges s -fo( Service and Equipment rental; (b) your decision above participation IT organ) prepayment of ;he charges for, our Pager Protection Plan (PPP) or our Pager Maintenance Plan: If prepayment of all applicable coneecdprogramming charges: and full demonstration It your credit rating is acceptable. R Dn9ain9 Service charges will be billed monthly. IN ADVANCE. Statements are due antl payable, twenty (20) days alter the date of each slatemanl. If any 1 payment is not made by the due date, your account will be romo delinquenl and tale charges will ace ee either at, the rate of one and three quarters (3:1 ' whichever is less. II any of your.checks are returnee to us markeduall we will impose a minimum charge'OI 520.00. h We may autgmalically leirninale service it your statement is lorry-live (45) days or more delinquent. II Service is terminated, we will impose a reconnection charge before service will be resumed. If Service is resumed, all a balance remains due and owing to us, then you will be obligated to pay nol. only the o° balance due, but all of our actual, reasonable collec:l in costs. mNuding but not limited to attorney's lees. If you have previously aunorbed us to process a credd card voucher for unpaid Service charges andor ungleamdtl or damaged Equipment, then that equa r will. be submitted for processing when Service is formnaled, r 13. Disputed Dills. You agree to be bound by the disputed bills procedures set forth in any currently applicable tariff, in some slates, such pocedures may require you to deposit a designated amount with a sate agemy pending that agency's trading as to. the underlying dispute. Failure to make such a mil If e required, may result to discontinuance of service. Any such lava may be reviewed di normal business hours at out office at the address shown on the front side of this Agreement. 14. Applicable Law. This Agreement is governed by the laws of theslate in which you first. request Equipment and/or,Service. In the event of any dispute s about this Agreement, Inc prevailing party shall be. entitled to recover its reasonable attorney's lees and costs. AMERITECH CELLULAR-PAGING SERVICES doe AmeriteM Mobile Communications Paging Services. Inc By: PURCHASFOADER TERMS AND CONDITIONS The following terms and. conditions shall apply to.and govern that certain. document:entitled Agreement for Cellular Telephone Service (the "Agreement") dated May'1„ 2996, by-and' between the Board.of Public Works and Safety of the City of.Carmel„ Tndiana (the'"Customer') and;•Ameritech Wireless Communications, Tnc. ("Ameritech") governing the purchase of-cellular, telephone service as set forth' in Purchase Order A?o. _ (the "Service"), issued to Arnuitech`by Customer dated May 1996. 1. Notwithstanding anything to.ihe:contrary, inthe Agreement .should Custonier .caitcel the Agreement pursuant to (a) Ameritech.s:failure.to correct an unacceptable situation (such.as a system outage as defined herein), or (b) Ameritech's failure'to cempiy with the procedures.setforth,ihthe,Agreement, or (c) Customer's failure to obtain. adequate appropriations to,find the:Agreetpentin years subsegtcent to'1996,,Customershall not be subject to any cancellation penalty. As regards theforegoing clause (c), in the eyent-.no funds or insufficient funds are appropriated`and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under the,Agreement, Customer spill immediately notify Ameritech or,its assignee=of such occurrence and the Agreement. shall terminate on the last day`of the fiscal penod`for which appropriations were received without penalty or;expense,of Customer of any kind;whatsoever; excepttas to the portions of any payment agreed upon for which fund's shall have been appropriated and budgeted. or are otherwisc.available. In the event of such termination, Customer agrees to peaceably.surrender,"possession of the; Equuipment toAmeritech or its assignee on the date of suclrterrnmation. Ameritech will-have all legal and°,eguitable rightsand remedies to take possession of the Equipment. Provided, however, that Customer agrees (a) thaf,h will,norcancel the Agreement--for lack of appropriation tfany`funds are appropriated to it or by it,,for the acquisition, retention or operation of the,Equipment or other equipment performing •functions, similar to the Equipment for the fiscal period in which such termination occurs or the next _succeeding fiscal period thereafter, and (b) that it will not during the term of Agreement'give priority:m the application.of funds to any other,functionallysirrmilar equipment. This paragraph will not be construed,so as to permit Customer to terminate the Agreementin order to acquire any other equipment or to allocate,funds,direc{lyor indirectly to perform essentially the same application for which the;Equipment is intended. 2, Notwithstanding:anything to the contrary,in the Agreement; Ameritech:shall n_bt deny'service or terminate the Agreement without-first notifying Customer is writi ng,an6 giving Customer thirty (30} days: to cure the problem or show that Ameritech was'misinormed, 3. Notwithstanding apything,to the contra y; for. each initial delinquent payment during each consedutive twelve (] 2) month period during-the tefai of the.Agreement, Ameritech sliall-provide.to Customer one (;1) written Courtesy Notice of such delinquency. Tn the event Customer delivers payment of such balance-infull within five (5) days of reccipt of the notice and,except as governed by4plicable law, Tenant's p_ayruthVshall not be considered late. However, Ameriteeb•slaallbe entitled?to Iate, charges, on,all subsequent delinquencies during the same twelve (12) month period-and' to assess:l e charges.for such without notice. •Ameiitech shall not.deny service or terminate the Agreement without.first notifying'Customer is,xvnting and giving Customer thirty (30) days to curethe.,problem or show that:AincHtech was,riusinformed. 4.: Ameritech and Customer understand and intend that"the obligation of Customer to pay any amounts due under the,Agicement shall constitute a currenvexpense of Customer,and-shall not in any way be. construed'to be a debt of Customer in contravention of.any applicable constitutional or statutory;hmrtation or requirement concerning the creation of indebtedness7by Customer, nor.shall anything contained herein constitizte,a pledge of the general tax revenues, funds or monies of Customer. 5. In the event that Ameritech`failsto correct'an'tmacceptable situation a"s'it:relltes,to: systems outages, Ameritech will notify Customer of any system outages affecting the:Central Indiana area within two (2) flours, from the outage and for the estimated duration of outage. Any notificaiion.to Customer'required by telephone shall be to its designee, currently, Jim Kind6niDi ector of the Carmel/Clay Communications Center at (317) 571- 2580. Ameritech'herebyrepresents that in 1.995, inexperienced a 99.7% systern?wide paging operation.afTiciehcy, 6. Any written notice, invoice, order. or oiher'correspondence required to be sent under the Agreement or this Purchase Order;shali be.jnrv riting and, delivered by a national lyrecognized overnight delivery. service or-sent by certified mail,, return,receipt.regt?ested, postage prepaid and addressed to the parties at the;following addresses: ANIERITECH: Larry Z.' Wood II Ameritech Paging Services 6777 Purdue Road; Suite wo Indianapolis, ENT 45268 CUSTOMERS ASSIGNLE: Jim Kinder, Director Carmcvcl'ayCommunications Center 31 1st; Avenue N. W Carmel; IN 46032 Notice dclivcred by overnight `delivery shall be. deemed-delivered.the day after deposit.withthe overnight deliver service and'within three (3) days of deposit with,the U.S..postal system for notice sent by certified mail, „[BAI ANCPOP PAGE INTENTIONALLY LEFT BLANK] ADDENDUM I SERVICE AGRE.EMENT/EQUIPMENT,LEA5r, This Addendum l to that certaiwdocument enbiled:Scrvice Agreement/Equipment Lease (tile "Agreement") dated April 17; 1996, by and'bcttueen the, Board,of;Public Works and. Safety of the City of Carmel, Indiana (the "Customer") and Ameritech Cel€ular-Pag ng,Servic_es ("Ameritech") is entered.into:and effective on the April.] 7, ] 996.,. RECITALS WHEREAS, Ameritech presented to Customer the Agreement for review and comment; and WHEREAS,, the Agreement does not include clauses necessary fora political°subdivi`sion; and WHEREAS„ Customer aiid.Ameritech;fee,l tt,is necessary to incorporate such clauses'into the Agreement by this Addendum I, NOW, THEREFORE,,in,consideration oftherforegoingpremises, covenants', and conditions,set forth herein; the parties hereby agree_to the following,terrns and condition's: 1. Amendment of Paragraph 1(B)." Tenn. Eai1y Cancellation.Penalt ,_.', -A new sentence is-liereby added,to the end of Paragraph'] (B) as'fallows: "Notwithstanding the foregoing,' should Customer'cancel-the Agreement pursuant to (a),Ameritech's failure to correct an unacceptable,situation (such as a,system,outage as defined herein), or (b) Ameritech's failure to comply with'the procedures set forth in tlus,Agreement, or'(c) Customei;'s failure to obtain adequate. appropriations to fund this.Agreement:in,years subsequent to 1996, Customer shall notbe subject.to any cancellation penalty. As regards to the. foregoing,clause (c); in the event no funds or insufficient,f lids are appropriated;and.budgeted or are otherwise unavailable.by any-means whatsoever in1ny fiscal,period for Agreement Payments dde'under this Agreement„Customer will immediately'notify Ameritech or its assignee of such occurrence and.this Agreement shall terminate on the last day of the fiscal periodTor which appropriations were.received withougenalty or expense of Customer of any kind whatsoever, exatit'as_to the portions of Agreement P&mepts herein agreed upon for which funds-shall have been appropriated and budgeted or are otherwise available In the event of such termination, Customer, agrees to peaceably surrender,possession of the,Equipment.to Ameritech or its assignee'on the date of such-termination. Ameritech will have-all legal and equitable lights and remedies to.take possession of the Equipment. Provided; however, that Customer agrees (a) thatal will not cancel this Agreement,under,-tlie',provisions of.this.Section if any=funds are appropriated to it, or by it, for the acquisition retentiori•or operation of,the.Equipment' or other-equipment performing functions similarto the Equipment for the fiscal period in which such termination occurs,or the next.:succeeding fiscal period thereafter, and (b) that it will, not-during the AgreementJerm,give priority in the, application of funds to any other functionally similar equipment-., This,paragraph will not be construed so. as fo permit 'Customertto terminate this Agreement in•order to acquire any'other equipment or to allocate Rinds 'directly or indirectly to perform essentially the same application for which the Equipment,is intended:'- 1 Amendment of Paragraph 9. 'Denial of Service!' Anew sentence is hereby added to the end of Paragraph ,9 as follows: "Notwithstanding, theforegOmg,,Ameritech shall nokdeny service or terminate this Agreement without first notifying Customer'is writing and.giving Customer t1rirty,(30) days to cure the problem or show that Ameritech was rnisinfonned." 3. Amendment ofParagraph 12.=Billing and Payment Torms" 'Two,new sentences,are•hereby'added to the end of the third 'sub-paragiaphlofPar' raph 12-as follows: ag .1 "Notwithstanding the foregoing, for each initial delinquent payment during each-consecutive twelve (12) month pe"riod during,the-Agreement Term, Ameritech shall,provideto Customer one (1) written Courtesy Notice of such delinquency. In the event Customer delivers'payment of such`balance imfull.within-five (5) days of receipt of the notice; Tenant''s payment shall not be considered late_ H.Owever, Ameritech, shall'he-entiiled to'late charges on all subsequent delinquenciesduring the.sametwelve (12) month period and to assess late charges for such without;notice. Ameritech shall not deny service or terminate this Agreement without.. first notifying Custorer is writing arid'giving Customer thirty (30) days to cure the problem or show that Ameritech was misinformed:" 4. Amendment of Paragraph l2.'Billing and'NyM6A Terms.". A new sub-paragraph is.hereby added-to the end ofParagraph,12 as follows: "Ameritech and Customer.; understand and intend that the obiigation,of Customer to pay Agreement. Payments hereunder shall constitute a current expense of Customer and shall notin anyway"be construed to be a dept of Customer in coniravention of any'applicable constitutional or, statutory liniitation:or requirement concerning the?creation of,indebtedness byCustocner, nor shall anything contained. herein constitute '4 pledge ofthe general tax revenues; funds or monies of Customer:" Addition of Paragraph M. System Outages.. A,new• paragraph 15 is herebyadded'to:the Agreement as follows "In the event that Ameritech fails to correctan unaccep€ableisituation as it relates to systoms outages, Ameritech will,notify ;CUstomer'of any system outages affecting'the Central 'Indiana area'within:two (2) hours fiom the•outage and for'tlie estimated duration of outage. Any'notification`to Customer required by telephone shall be to-its designec,,kn Kinder; Director of the:Carme(/Clay Communications Centerat (317) 571-2580. Ameritech Hereby represents that in 1995, it experienced a 99.7%o system-wide paging operation efficiency;" 6, Addition,ofParaeraph:l6. Notice. ;Agnew, paragraph 16,-is hereby added.to.theAgreement:as.follows: "Any written.notice; invoice, order or::other correspondence required to be sent-under-this Agreement shall be-in writing and delivered by a .nationally recognized overnight delivery service-or sent by certified mail, return receipt requested, postage prepaid and addressed to-tha parties atthe following addresses:. AMERITECH Larry Z. Wood 11 Ameritech Paging Services 8777 Purdue Road, Suite_ 100 Indianapolis; IN 46268 CUSTOMERS ASSIGNEE: Jim Kinder; Director Carmel/Clay Cbmmunications Center 31 l st Avenue N.W. Carmel, ;IN' 46032 Notice delivered by overnight;deliveryshalfbe deemed delivered the dayafter deposit with the overnight deliver.service and within three (3) days of deposit with the U. S. postal system for:notice sent by certified mail." IN WITNESS WHEREOF„ CUSTOMER AND AMERITECH'have signed this First Written. Amendment in duplicate. One counterpart each has been>deliveredto Customer,_and Ameritech. All portions of the Agreement have been signed or identifedby'Customer and,Ameritech on their behalf: This First Written. Amendment:tivill be effective on CUSTOMER: Carmel Boiard of-Public One Civic Square Carmel„IN 46032 James Brainard, Mayor T996- ANIERITECH:. Works and Safety Ameritech Cellular-Paging Services 877.7`PurdueRoad, Suite.460 Indianapolis, I:N 46268 Lon Watson,. Member Billy Walker, Member ATTEST: Larry Z.'Wood II, Business:Consultant Dean Fields; Regional',Sales Manager Diana Cordray, Cleric-Treasurer