HomeMy WebLinkAboutPAETEC/IS/new phone system PAETEC,A Windstream Company
Information Systems Department- 2013
Monthly Limit of$ $1570.84
AMENDMENT TO THE ADDENDUM TO THE SERVICE AGREEMENT,
STANDARD TERMS AND CONDITIONS OF SERVICE,ADDITIONAL TERMS
SCHEDULE AND THIRD PARTY LEASE SPECIAL TERMS-EQUIPMENT,
BY AND BETWEEN THE CITY OF CARMEL, INDIANA, AND PAETEC,A
WINDSTREAM COMPANY
THIS Amendment is entered into this 30 day of Tnvarij , 2013, by
and between the CITY OF CARMEL, INDIANA, an Indiana municipal corporation,
having its office at One Civic Square Carmel, Indiana 46032 ("City") and PAETEC, A
WINDSTREAM COMPANY, having its office at 600 Willow Brook Office Park,
Fairport,New York 14450("Company").
The purpose of this Amendment is to modify, delete, or amend certain terms and
conditions set forth in the Addendum to the Service Agreement, Standard Terms and
Conditions of Service, Additional Terms Schedule, and Third Party Lease Special Terms-
Equipment ("Contract"). This Amendment is incorporated into the Addendum and the
Contract and, when read together, shall constitute one integrated document and
referenced hereafter as the "Agreement". Any inconsistency, conflict or ambiguity
between this Amendment, the Addendum, and the Contract shall be resolved by giving
precedence and effect to this Amendment.
Company Name: PAETEC, a Windstream Company.
Company Address: 600 Willow Brook Office Park
Fairport, NY, 14450
Contract:
By mutual agreement of the parties, the following terms and conditions are deleted from
the Addendum which is attached to this Amendment for reference.
I. Page one(I) of seventeen (17)of Exhibit A:
The following sentence shall be deleted in its entirety: "Customer agrees to a minimum
monthly fee of nine thousand, eight hundred sixty dollars and sixty-six cents
($9,860.66)."
The above sentence shall be replaced with the following: "Customer agrees to a
minimum monthly fee of one thousand five hundred seventy dollars and eighty four cents
($1,570.84)."
2. Page three (3) of seventeen (17) of Exhibit A through and including page
six (6) of Exhibit A , shall be deleted in their entirety and replaced with
attached Exhibit D, which shall be attached and incorporated within the
entire Agreement.
3. Page eight (8) of seventeen (17) of Exhibit A shall be deleted in its
entirety.
4. Page nine (9) of seventeen (17) of Exhibit A shall be deleted in its
entirety.
5. Any reference of the Company that does business as "CIT" and any terms
and conditions agreed upon within the Addendum and/or Contract that
pertains to "CIT".
6. All other portions of the Addendum and Contract shall remain in full force
and effect.
7. The Addendum entered into on October 10, 2012, mentions documents
referred to as Exhibit B and Exhibit C. It appears Exhibit B and Exhibit C
were not attached to the original agreement. Parties therefore agree to
attach Exhibit B and Exhibit C and incorporate them into this Amendment
and entire agreement.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
2
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to
the Addendum and Contract to be executed as of the day and year first above written.
PAETEC, A WINDSTREAM CITY OF CARMEL,INDIANA
COMPANY by and through its Board of Public
Works and Safety
By: By: e
eam/ines Brainard, Presiding Officer
�.te.. _ A
M y Meer
Dated: =
1 f
Lori Sit Wat . Member
Dated: aho /, 3
ATT .T: /
Dia-a Cordray, .0 Clerk-Treasurer
D. ed: py
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PAETEC,A WINDSTREAM CITY OF CARMEL,INDIANA
COMPANY by and through its Board of Public
Works and Safety
By: tt'c Atikar'9 ?eCt'v,..?D1re44.By.
/0/0 +_- James Brainard,Presiding Officer
Dated-
LA„ Ara
Da • :urke,(yfe�nbe/7y/cR
Dated /!J
Lori S.kW on,Memb r
Dated: Ie/ �l�.
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(AUEEST:' ,/,YA-C,aerk-Treasurer}ianaCodray,ianaCordray,
Dated: /6'/7-
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PAETEC,A Windstream Company
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Information Systems Department-2012 1
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9860.66 eM � '� astr c L rd •
ADDENDUM TO THE SERVICE AGREEMENT,STANDARD TERMS AND
CONDITIONS OF SERVICE,ADDITIONAL TERMS SCHEDULE AND THIRD
PARTY LEASE SPECIAL TERMS-EQUIPMENT,BY AND BETWEEN THE
CITY OF CARMEL,INDIANA,AND PAETEC,A WINDSTREAM COMPANY
THIS ADDENDUM is entered into this P' day of &{,y,... , 2012, by
and between the CITY OF CARMEL, INDIANA, an Indiana municipal corporation,
having its office at One Civic Square Carmel, Indiana 46032 ("City") and PAETEC, A
WINDSTREAM COMPANY, having its office at 600 Willow Brook Office Park,
Fairport, New York 14450("Company").
The purpose of this Addendum is to modify, delete, or amend certain terms and
conditions set forth in the Service Agreement,Standard Terms and Conditions of Service,
Additional Terms Schedule, and Third Party Lease Special Terms-Equipment
("Contract"). This Addendum and the Contract, as well as the Standard Terms and
Conditions of Service, are incorporated into each other and, when read together, shall
constitute one integrated document and referenced hereafter as the "Agreement". Any
inconsistency, conflict or ambiguity between this Addendum and the Contract shall be
resolved by giving precedence and effect to this Addendum.
Company Name: PAETEC,a Windstream Company.
Company Address: 600 Willow Brook Office Park
Fairport,NY, 14450
Contract:
A. The attached Contract consists of eleven (II) pages, including the Service
Agreement, the Additional Terms Schedule, the Third Party Lease Special Terms-
Equipment, and is dated ® t, 2012. The PAETEC Standard Terms and
Conditions of Service consist o stt ix (6) additional pages, and are also attached and
incorporated within the Contract as Exhibit A.
B. By mutual agreement of the parties, the following terms and conditions are deleted
from the Contract:
I. Any provision providing for the resolution of contract disputes.
2. Any provision requiring the City to pay penalties, liquidated damages,
interest, court costs, costs to respond to legal process,or attorneys' fees.
3. Any provision modifying the statute of limitations provided by Indiana
statute.
4. Any provision relating to the time in which a claim must be made.
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5. Any provision limiting disclosure of any information in violation of the
Indiana Access to Public Records Act, Ind. Code § 5-14-3 et seq.
6. Any provision giving the terms and conditions in the Contract precedence
over the terms and conditions in this Addendum.
7. Any provision limiting Company's liability in excess of standard contract,
tort, and liability principles contained within Indiana Law.
8. Any provision providing for jurisdiction outside of the State and/or
Federal Courts of Indiana.
C. By mutual agreement of the parties, the following terms and conditions are amended
in the Contract:
I. Paragraph nineteen (19), titled "Waiver," shall be deleted in its entirety and
replaced with the following: "The failure of either party to require
performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor
shall the waiver by any party of a breach of any provision of this Agreement
constitute a waiver of any succeeding breach of the same or any other
provision hereof."
2. Paragraph twenty-two (22), titled "Governing Law," shall be deleted in its
entirety and replaced with the following: "The Agreement shall be interpreted,
construed, and enforced in accordance with the laws of the State of Indiana.
Each party consents to personal jurisdiction in the State and Federal Courts of
the State of Indiana."
D. The following terms and conditions are incorporated into and made part of the
Contract:
INSURANCE AND INDEMNIFICATION.
Company shall procure and maintain in full force and effect during the term of
this Agreement, with an insurer licensed to do business in the State of Indiana,
such insurance as is necessary for the protection of City and Company from all
claims for damages under any workers' compensation, occupational disease
and/or unemployment compensation act; for bodily injuries including, but not
limited to, personal injury, sickness, disease or death of or to any of Company's
agents, officers, employees, contractors and subcontractors; and, for any injury to
or destruction of property, including, but not limited to, any loss of use resulting
there from. The coverage amounts shall be no less than those amounts set forth in
attached Exhibit B. Company shall cause its insurers to name City as an
additional insured on all such insurance policies, shall promptly provide City,
upon request, with copies of all such policies, and shall provide that such
insurance policies shall not be canceled without thirty (30) days prior notice to
City. Company shall indemnify and hold harmless City from and against any and
all liabilities, claims, demands or expenses (including, but not limited to,
reasonable attorney fees) for injury, death and/or damages to any person or
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property arising from or in connection with Company's provision of Goods and
Services pursuant to or under this Agreement or Company's use of City property.
Company further agrees to indemnify, defend and hold harmless City and its
officers, officials, agents and employees from all claims and suits of whatever
type, including, but not limited to, all court costs, attorney fees, and other
expenses, caused by any act or omission of Company and/or of any of Company's
agents, officers, employees, contractors or subcontractors in the performance of
this Agreement. These indemnification obligations shall survive the termination
of this Agreement.
E-VERIFY REOUIREMENT. All terms defined in I.C. §22-5-1.7 et seq. are
adopted and incorporated into this section.
Pursuant to l.C. § 22-5-1.7 et seq., Company shall enroll in and verify the work
eligibility status of all of its newly-hired employees using the E-Verify program,
if it has not already done so as of the date of this Agreement. Company is further
required to execute the attached Affidavit, herein referred to as Exhibit C, which
is an Affidavit affirming that: (i) Company is enrolled and is participating in the
E-verify program, and (ii) Company does not knowingly employ any
unauthorized aliens.This Addendum incorporates by reference, and in its entirety,
attached Exhibit C. In support of the Affidavit, Company shall provide the City
with documentation that it has enrolled and is participating in the E-Verify
program. This Agreement shall not take effect until said Affidavit is signed by
Company and delivered to the City's authorized representative. Should Company
subcontract for the performance of any work under this Addendum, the Company
shall require any subcontractor(s)to certify by affidavit that: (i) the subcontractor
does not knowingly employ or contract with any unauthorized aliens, and (ii) the
subcontractor has enrolled and is participating in the E-verify program. Company
shall maintain a copy of such certification for the duration of the term of any
subcontract. Company shall also deliver a copy of the certification to the City
within seven(7) days of the effective date of the subcontract. If Company, or any
subcontractor of Company, knowingly employs or contracts with any
unauthorized aliens, or retains an employee or contract with a person that the
Company or subcontractor subsequently learns is an unauthorized alien, Company
shall terminate the employment of or contract with the unauthorized alien within
thirty (30) days ("Cure Period"). Should the Company or any subcontractor of
Company fail to cure within the Cure Period, the City has the right to terminate
this Agreement without consequence. The E-Verify requirements of this
Agreement will not apply should the E-Verify program cease to exist.
IRAN CERTIFICATION.
Pursuant to I.C. § 5-22-16.5,Company shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
IN WITNESS WHEREOF, the Parties hereto have caused this Addendum to be
executed as of the day and year first above written.
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"EX1—IIBIT A of ) / e•
Opportunity#574145,Quota#766540 • �!
SERVICE AGREEMENT
wi ndstream. This sets forth the terms of the Service Agreement('Agreement")made this 6th day of August,2012,by
and between PAETEC,a Windsbeam company,and the City of Carmel,a Indiana Corporation
('Customer").The term of this Agreement is fo7;60Qmonths,(Term'). Customer agrees to a Minimum
600 Wlilow9rook Office Park Monthly Fee of.$9,860.66\`qll services provided are subject to the terms and conditions below and on the
Fairport,NY 14450
attached Rate Schedule(s). , q
:CU3TOMF1t 1N_F,OR8IATION jl'y.,' ^'�.'_ d �...__--__ Fvi: ''a.a"--`'`: :1�•FJY+ G .i.B
Customer Name: City of Cannel
Service Address: see attached service location summary
Billing Address: 31 1st Ave NW,CARMEL,IN 46032-1715
Contact Name: Todd Luckoski Contact Phone: 317-571-2586 Contact Fax:
3ERVICEBlBEIIN PROOVIDEOBY'PAE ECLTO CU§TOMERFi ft t R;1fF,K� i =`..+5 -�'s;}re,'t,•''�t:;: c*9 .r:
Access Loop Toll-Free(Bnc)
Switched 1+ VPN
Equipment Lease Trunks
Dynamic IP Services Advantage Business Lines
By signing this Agreement,the Customer hereby authorizes PAETEC to provide the Services Ilsted herein and on any/ail attachments, Each
month Customer shall purchase at least the Minimum Monthly Fee amount set forth above,calculated prior to application of any taxes or
surcharges.
This Agreement is subject to and controlled by PAETEC'e federal and state tariffs as applicable,and/or by PAETEC's Standard Terms and
Conditions of Service and the service specific terms and conditions as located at http:/tww.paetec.cn'about-usfnotice,as such tariffs and
terms may be modified from time to time end allot which are hereby expressly incorporated by reference.
Customers ordering PAETEC's Dynamic IP service,also known as Voice over Internet Protocol service,hereinafter referred to as'VoIP'
and/or its product name,'Dynamic IP Services,'hereby make an affirmative acknowledgement that customer has received and understands
the VolP Notificallon,Important Customer information Regarding Emergency Services-911 Dialing,attached hereto and made a part of hereof.
Information regarding Customers rights and options pertaining to Customer Proprietary Network Information("CPNI')is available at
htlR'(/www metes cominoticefconi html,
The individual signing the Agreement on behalf of Customer is duly authorized to do so.
&rented By Cuskungr Authorized by PAETFC a Windstrpam company
Signature: Signature: . • -41/�
.fai
Printed Name: Printed Name: 'sic ��..z///drony
Title: Title: RI)
Date: Oats: /6//J/11/4..
This offer is voidable by PAETEC if not signed end retumed to PAETEC by the 6th day of November,2012-
Page 1 of 11
ADDITIONAL TERMS SCHEDULE ttiBIT a „
Opportunity It 574145,Quote#766540
In addition to the terms and conditions contained in the Service Agreement("Agreement")between PAETEC("PAETEC")and City of Carmel
("Customer)and all other schedules thereto,the following terms and conditions apply. These Additional Terms shall take precedence over
any conflicting provision of the Agreement,including any conflicting provisions contained on the first page of the Agreement and/or any
conflicting provLslone contained in the Standard Terms and Conditions("Standard Terns")or any other Agreement schedule,including those
referenced on the PAETEC website.
1. Notwithstanding anything to the contrary In the Agreement,PAETEC shall have no liability to Customer hereunder for any EFS\SFS Credit
as set forth in the Third Parry Lease Special Terms until Customer Is meeting its hit Minimum Monthly Fee commitment.In the event the
Agreement Is not renewed at the end of the Term,PAETEC's obligation to Customer for remaining EFSISFS Credits(if any)that
Immediately cease.Notwithstanding the foregoing,and as set forth in the Third Party Lease Special Terms,in the event the Agreement Is
terminated early,regardless of the reason for the termination,Customer's obligations under the Lease between Customer and any third
party lending institution will remain in effect.
2. Involving Bundled/Unbundled EFS-Competitive Rate Review. If,within 30 days after the midpoint of the Agreement Term,Customer
demonstrates to PAETEC that a bona fide competing carrier has made a written offer to Bell Customer a total package of comparable
services(under slmller Tens and conditions)for less than PAETEC is currently charging Customer,PAETEC shall have thirty(30)days in
which to reduce Its rates to within 10%of the level charged by the competitor,provided that Customer acknowledges and agrees that if
PAETEC reduces the rates there wit be a corresponding reduction or elimination in Customer's equipment credit and/or monthly recuning
credits that PAETEC has made available,which reduction shall be determined at the time Customer invokes this competitive rate
provision,In an amount to be determined by PAETEC in Its sole and reasonable discretion. If PAETEC declines to reduce the rates,
Customer may terminate the Agreement on thirty(30)days'written notice to PAETEC without any termination liability,provided that
Customer shall be responsible for the payment of all charges(including any MMF shortfalls)incurred prior to the termination date,which
amounts shall be paid to PAETEC. Customer shall not be liable for any early termination penalties pursuant to Section 7 a(ii)of the
Standard Terms,and PAETEC shall not be liable for any credits that would have Beetled for the remainder of the Term. The competitive
rate provisions set forth herein shall not apply to any off-net services such as frame relay.
3. Removal of Evergreen. The automatic renewal provision in the Agreement shall be revised to read as follows:"After expiration of the
Term,the Agreement shall continue one month to month basis with the Services priced at PAETEC'S then current monthly rates until
canceled by either Party upon sixty(60)days written notice to the other Party.'
4. Involving Bundled EFS-Rate Stabilization. It is the intent of the parties that the monthly recurring charges and domestic usage rates
stated In the rate schedule portion of the Agreement will not change during the initial Tenn.For the Services(If any)still subject to tariff
filing requirements by the appropriate state or federal regulatory agency,in the event that PAETEC changes its tariff and as a result there
are material and adverse impacts on the rates charged to Customer(i.e.the Customers rates are increased by more than 10%),then
Customer may terminate the Agreement upon thirty(30)days written notice.In the event of a termination resulting from invoking this
provision,Customer shall be responsible for(t)the payment of all charges(including any MMF shortfalls)Incurred prior to the termination
date and(Ii)at lease payments due and owing for the remainder of the Customers equipment lease,which lease payments shall be paid
to the Lessor and PAETEC shat no longer be responsible for billing and cdlecting the lease payments on Customer's behalf.Customer
shall not be liable for any early termination penalties pursuant to Section 7(11)of the Standard Terms,and PAETEC shall not be liable for
any equipment lease credits that would have applied for the remainder of the Term.The foregoing shall not apply to Federal Subscriber
Line Charges(FSLC).features,international or toll free Inbound rates,PAETEC's advantage service product,or to any of the taxes or
surcharges described in Section 4 of the Standard Terms.
The Individual signing the Agreement on behalf of Customer is duly authorised to do so.
Af&egjed By Customs[
An
Signature: Signature: ��'ANN.
mew-
Printed Name: Primed Name: .le_. / v
Title: Title:
Oate: Date: 040//2-
Page 2 of 11
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"EXHIBIT °'
SERVICE LOCATION SUMMARY
windstream.
PAETEC,a Wiindabnam company
Service Location Listing-Monthly Retuning Charges
primary Billing Account City of Cannel,#5264564
Quote if 766540
EAFJEgaimatieamitt Mlkute,Eric J Rea ID 474122
' ,Integratepe i c •L _ Conllon:NSOmali1Saniee Address-_ . gccesa._, .yoic'e -- yoleo 6:00'10�;_0_ta. ! Equlpineril'?_ To1d!' _
City of Cannel-3rd Ave ----
459 3rd Ave SW,
CARMEI,IN 46032 323.00 30.87 340.00 389.81 330.00 $183.68
City of Carmel
31 let Ave NW,
CARMEL,IN 46032-1715 $25.00 3841.92 311660 335.00 330.00 $1,048.52
City of Cannel-Water Department
3450W 131ST ST,
CARMEL,IN 46032-8793 320.00 3146.82 316692
City of Cannel-1 Chic Sq
1 Chet So,
CARMEL,IN 46032-2584 325.00 3146.82 3171.82
'{r A{b. ._ : {•s':4TOfes 2"(393'00 3/,138.9 rdt3138'.6a 31249 t Se0l10 iht51�,57
The information set forth on this Service Location Usting sets forth the total Monthly Recuning Charge(s)("MRC")for each Service Location
covered under the Agreemem. For the breakdown of MRC charges for each Service Location,along with site specific Usage Fees and Non-
Recurring Fee(s)("NRC'),please refer to the site spedfic Rate Schedule for each Service Location. By signing below,Customer
acknowledges that it has received and reviewed the site specific Rate Schedule(s)to the Agreement,and agrees to the information sat forth
therein.
The individual signing the Agreement on behalf of Customer is duly authorized to do so.
Acceded By Customer Authorized by PAETEC a Wrda
Signature: Signature: � '--"
Printed Name: Printed Name: -/C ✓ / y
Title: Title: P
Date: Date: /a n /Z
Page 3 of 11
RATE SCHEDULE "EXHIBIT 4 tat « 99
wi n ds tream Opportunity If 574145,Ouote#786540
PAETEC,a 1Mndstream company
Location:City of Carmel,31 1st Ave NW,CARMEL,IN 48032.1715
t,
,. ;E. Recurring. •Monthly Mpnth NOT �1jlion .
•;_ Product • Charge RecuMng Rewrting • Racurrtng RIcuMng ;
• ...P duct Category (MRC1. Duantlry Totd�1,`f !Quantlry, dial.
National Access Charge-Multi-Line Business' 'Voice $3.48 35 $121.80 0 $0.00
Advantage Business Lines Charge - Voice $15.00 35 $525.00 0 $0.00
Service Order Charge• Voice $0.00 0 $0.00 1 $0.00
1st Line Install• Voice 50.00 0 $0.00 1 $0.00
Additional Line Install' Voice $0.00. 0 $0.00 1 $0.00
FSLC' Voice $5.55 35 $194.25 0 50.00
LNP Charge Voice $0.00 0 $0.00 1 $0.00
Dynamic IP T1 Access $25.00 1 $25.00 I $0.00
1.5 Mb Dynamic IP Port T1 SIP Features Voice&Data $35.00 1 $35.00 0 $0.00
Dynamic IP T1 Port Charge Voice&Data 50.00 0 20.00 1 $0.00
Compression Voice&Data $0.00 1 50.00 0 10.00
20 DID Station Numbers' Voice&Dale $6.00 5 $30.00 0 $0.00
IP Direct Trunk Overflow Charge' Voice&Data 534.95 1 534.95 0 $0.00
Cisco 2431-171E1 Charge Equipment $30.00 1 $30.00 1 50.00
Advanced Managed Router Charge Data 535.00 1 $35.00 1 $0.00
FSLC Charge Voice&Dale $5.55 3 $16.65 0 $0.00
Toll-Free Access' Voice $0.87 1 $0.87 0 $0.00
tl' 32M11 :? ' .fir€ ti" ..1•. ..�� 4TO.TAR'Id�'. MAJO.w 53. M r'`, .$`:-'9_.0.0
Equipment for Services I Software for Services
' ®onihry'1hird 'tMontfily. ' ' I NetM9rjfil4
Party Lease. tease, DuraBon,Qf I 'Leaeei• ,
: •.Rrogrom. - TotaihValue ( Charge'•' -...:..GeddW ., ' Cr .dR • CAarge'r•`••
Equipment Lease $431,087.62 $8289.82 0.00 60 Months C58;289:82h
Usage Rates ,,�q
t�1:v Dedicated` switched natal Addttj ... Call
+Ucage}Type . Rate . Rate lnctemantf Inei6memi_ :Rounding.
Regional Long Distance Charges 0.0170' 0.0350' 6 sec 6 sec 2 digit t
in Stale Long Distance Charges 0.0170' 0.0350' 6 sec 6 sec 2 digit t
Out of Slate Long Distance Charges 0.0170' a0300' 6 sec 6 sec 2 digit t
Caribbean Long Distance Charges' Standard
Gold' International' 30 sec 6 sec 2 digit t
Canadian Long Distance Charges' Standard Standard
International' International' 6 sec 6 sec 2 digit t
International Long Distance Charges' Standard Standard
international' International' 30 sec 6 sec 2 digit t
In State 8)0(Charges 0.0220' 0.1107' 6 sec 6 sec • 2 digit t •
International 8XX Charges-US to International' Silver' Silver' 30 sec 6 sec 2 digit t
Out of State 8XX Charges' 0.0220' 0.0786' 6 sec 6 sec 2 digit t
Canadian 8XX Charges' 0.0200' 0.0657' 6 sec 6 sec 2 digit t
Regional 8XX Charges 0.0220' 0.1107' 6 sec 6 sec 2 digit t
Long Distance Directory Assistance Charges' 1.9000' 1.9900'
Rates Wad within the Usage Ratea section are applicable for all locations,unless othenNae noted on the IndMduat Service Location feting N the Usage Ralea
sub-secban.
Notes: I 'Per Minute 2-Per Cat 3-Per Minute per Participant
Page 4 at It
"EXHIBIT l 5(2i- ) 99
'Rates are subject to change on 30 days notice via bill message an customer's invoice.
"Additional charges apply for all local,long dhlance and BXX features,network access charge,router maintenarra.CPE maintenance and directory listings.
Foe the anent features pricing,go o hUn -v P0233c romebomscanuM,
"'Amounts listed am reasonable approximations based on initial proposal. Attu rd amounts shall depend on Mal lease amount set forth In me Customers
Lease Agreement
Jt Local Usage is an additional charge in CA,DC.MA.MD.NH,NJ,NV.PA and Rt and will be bided al the current tanned rate.Rates am subfect to change on
30 days nice via bill message on customer's Invoice.
t Each cad is Oiled to two decimal places and rounds the bided amount for each can up l0 the nearest whole cart.
Location:City of Cannel•Water Department 3450 W 131ST ST,CARMEL,IN 48032-8793
T__. _- -- -C57-___, _. ..__....... ., -_`_- • • - Mo irli '- .- ... __ - ._•Recurring 'Monthly Monthl Non LNun '
Product Charge • . Reeurrlrig Reculringl' Recurring, Recu$ing
Product Category (MRC)' .,,-Quantity_ Tots .. Quantity` ;`,;Total• '
PRI T1 Voice $50.00 1 $50.00 1 $0.00
Caller ID -Number+Name Charge Voice $3.25 1 $3.25 0 $0.00
Direct Trunk Overflow Charge' Voice $34.95 1 $34.95 1 $0.00
20 DID Station Numbers• Voice $6.00 5 $30.00 0 50.00
FSLC Charge• Voice $5.55 5 $27.75 0 $0.00
On Net T1 •Access $20.00 1 $20.00 1 $0.00
Toll-Free Access• Voice $0.87 1 $0.87 0 $0.00
kxt F..._. -. '•Y..r::^^ s^-+ IL.r�n.a', ye - .t":::..TOTAL°a• r 17_, W1
_ :L31 .T� �.- i lStefieil�T:-."� fo.00
Usage Rates •• y ': • Dedicated! Switched `bi Idltlal AddWon`al Call.Usage Type Rate.. ' Rate ;increment ipereritent, ,,Rounding
Caribbean Long Distance Charges' Bronze' 30 sec 6 sec 2 digit t
Canadian Long Distance Charges' Bronze' 6 sec 6 sec 2 digit t
Canadian BXX Charges' 0.0250' 0.0657' 6 Sec 6 sec 2 digit t
I Each cal is billed to two decimal places and rounds the tiled amount for each cad up to the nearest whole cent
Location:City of Cannel-1 Civic Sq,1 Civic Sq,CARMEL,IN 48032-2584
_-_ _
Rocurring. 'tMonthiy Monitiy _! Ndn ' tion•Prodocf Ch Re
ergs Redurrtng Recurring Rewning .RacTi. Jung
1• - P`rgduct Category.: (MRC)t -' Qua`athy Tar , 't.Quantify.. Total,.•
PRI Ti Voice $50.00 1 $50.00 1 $0.00
Caller ID -Number+Name Charge Voice $3.25 1 13.25 0 $0.00
Direct Trunk Overflow Charge' Voice $34.95 1 $34.95 1 $0.00
20 DID Station Numbers' Voice $6.00' 5 $30.00 0 $0.00
FSLC Charge' Voice $5.55 5 $27.75 0 $0.00
On Net T1 Access $25.00 1 $25.00 1 $0.00
Tot-Free Access• ,Voice $0.87 1 30.87, 0 $0.00
I 1DOMA:•••r Nf#LIETOTAL1i5:Ti •bte iflif47a1.82 it•-:..41 $'p U
Usage Rates �r
,;, •. Oedlcated'. Switched, initial Addlgo'nit Chli.
1Umtfe TyPe Rate fiefs , !Increment lintrd
I�pryt;a Roundbtg,.
Canadian Long Distance Charges' Bronze' 6 sec . 6 sec ' 2 digit t
Carbbe_an Long Distance Charges' Bronze' 30 sec 6 sec 2 digit t
Out ol_elate BXX Charges' 0.0220' 0.1107' 6 500 6 sec 2 digit t
_Canadian 8XX Charges' . 0.0250' 0.0657' 6 sec 6 sec 2 digit t
1 Each cats pied to two decimal places end rounds Pie billed amount for each m6 up to the nearest whole cent
Page 5 of 11
"EXHIBIT ipa I . 11
Location:City of Cannel-3rd Ave,459 3rd Ave SW,CARMEL,IN 48032
r�''• Retuning '(A idhiy kcal/Si . Non•. {gin
P.,, Prgduet: Charge Reaping, "Recurt')ng.-:Recurring, Recuriinp .
f. ;t?radgct. Category. (MRC). - AOuentIY Tuts K,::, -ayantily, .-;Total.
Shared Intrastate MPLS Port-1.5 Mbps Charge Data $38.16' t $38.15 1 • $0.00
Cisco 2431-1T1E1 Charge Equipment $30.00 I $30.00 1 $275.00
Advanced Managed Router Charge Data $35.00 1 $35.00 1 $0.00
FSLC-Dela Charge Data $16.65 1 $18.65 0 $0.00 .
Phone System Centralization MTN with existing Voice&Data
PAETEC Facility $0.50 80 $40.00 0 $0.00
Toll-Free Access' Voice $0.87 1 $0.87 0 $0.00
Dynamic IP Ti Access $23.00 1 $23.00 1 50.00
"chi= -'. .! : :g•.,9!.Ntba.. aTIMEttlEll t'- 1 ,.^!"2MF TOTAL a"o• r s1T.$1318 aMS 5/21.go
Usage Rates
r________„..7.,&
{ I§r •' Modica*: SwltCheft .Initial AtlAiNoni ' Call
•
lUea eT l•µ"`°
g YBe - Rpte,': j 'Baia -Increment 1 'Inci6m n%fir Rounding
Caribbean Long Distance Charges' Bronze' 30 sec 6 sec 2 digit t
Canadian Long Distance Charges' Bronze' 6 sec 6 sec 2 digit t
Canadian 8XX Charges* 0.0250' 0.0657' 6 sec 6 sac 2 digit t
t Each at Is billed to two decimal places and rounds the Wiled amount for each call up to the nearest whole cent.
Page 8 or 11
"EXHIBIT 99
VoIP NOTIFICATION
IMPORTANT CUSTOMER INFORMATION REGARDING
EMERGENCY SERVICES - 911 DIALING
Introduction: You have,or are about to,purchase or subscribe to PAETEC's,a Windstream company,Dynamic IP service. This service,
also known as Voice over Internet Protocol service,is referred to as*VolP"and/or its product name,'Dynamic IP'and is collectively hereinafter
referred to as the'VolP Service?
Description of 911-Type Dialing Capabilities
PAETEC does offer E911 dialing service within PAETEC VoIP-serviceable areas in the U.S When you dial 911,your call is routed from the
PAETEC network to the Public Safety Answering Point('PSAP")or local emergency service personnel designated for the address that you
listed at the time of activation.
Power Failure,Disruptions or Suspension of Your Account
You acknowledge and understand that 911dialing may not function in the event of a power failure or disruption. Should there be an
interruption In the power supply,the VolP Service and 911-type dialing MAY NOT function until power is restored. A power failure or disruption
may require you to reset or reconfigure equipment prior to utilizing the VoIP Service or 911 dialing. You also understand that service outages
or suspension or termination of service by PAETEC may prevent ALL Service including 911-type dating. You acknowledge and understand
that service outages due to suspension of your account as a result of billing issues may prevent ALL Service,including 911-type dialing. You
acknowledge and understand that if there is a service outage for ANY reason,such outage may prevent ALL Service,including 911 dialing.
Such outages may occur for a variety of reasons,including,but not limited to those reasons described elsewhere In this Notification.
Limitation of Liability and Indemnification
•
You acknowledge and understand that PAETEC's liability is limited for any VoIP Service outage and/or inability to dial 911 from your line or to
access emergency service personnel.as set forth in this Notification and PAETEC's Standard Terms and Conditions of service and/or any
applicable service specific terms and conditions. You agree to defend,Indemnify,and hold harmless PAETEC,its officers,directors,
employees,affiliates and agents from any and all claims,losses,damages,fines,penalties,costs and expenses(including,without limitation,
reasonable attorneys fees)by,or on behalf of,Customer or any third party or user of Customer's service relating to the absence,failure or
outage of the VoIP Service,Including 911-type dialing and/or Inability of Customer or any third person or party or user of Customer's service to
be able to dal 911 or to access emergency service personnel.
Failure to Designate the Correct Physical Address When Activating 911-type Dialing
Failure to provide the current and correct physical address and location by following the instructions from the designated PAETEC
representative wit resit In any 911 communication you may make being muted to the incorrect local emergency service provider. This must
be the actual physical street address where you are located,not a posl office box,mall drop or.similar address.
Telephone Number Identification
At this time in the technical development of PAETEC 911-type dialing,it is possible for the Public Safety Answering Point('PSAP-)and the
local emergency personnel to identify your phone number when you dial 911,provided the customer provides the correct information in the
initial Service set-up stage. PAETEC's system is confgured in most instances to send the automatic number identification(*AM*);however,
the PSAP itself must be able to receive the information and pass it along properly. PSAPs are not yet always technically capable of doing so.
You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number In order to call
you back if the call is unable to be completed,Is dropped or disconnected,or if you are unable to speak to tell them your phone number and/or
if the VoIP Service is not operational for any reason,including without limitation those listed elsewhere In this Notification.
Page 7 of 11
•
1f EXHI VIT L3-su+u--r-
PAETEC
Third Party Lease Special Terms•(EQUIPMENT)
Service Address 31 1st Ave NW CARMEL, IN 46032-1715 US
A. General Terms. In addition to the Standard Terms and Conditions contained In the Service Agreement('5K)between PAETEC and
Customer,the following terms and conditions apply to lease of certain equipment financed for the Customer by CIT Finance LLC or its assigns
('Lessor).Capitalized terms used In this Schedule to SA("Schedule')that are not otherwise defined herein shall have the meanings ascribed
to them in the SA.
1. In consideration of Customer's tens and volume commitment to purchase the PAETEC telecommunications and related services(the
'Services')specified in the SA,PAETEC shall assist Customer in arranging for the equipment described in Section B below(collectively,
'Equipment')to be leased by Lessor to the Customer.Such lease(the"Lease')shall be a separate and distinct agreement from the SA and
shall be an agreement between Lessor and Customer for the lease of the Equipment. The Lease shall be In the form provided by the Lessor
and shall contain terms and conditions that are acceptable to Customer and Lessor.As a convenience to the Customer and provided that the
Customer complies with its obligations under the SA,PAETEC shall,on behalf of Lessor,include in the monthly PAETEC invoice sent to the
Customer an amount for Lessors charges to the Customer for the Equipment under the Lease which shall be In addition to PAETEC's charges
to the Customer for Services.PAETEC shall remit Customers payment for the Equipment to the Lessor on behalf of the Customer.Lessor may,
under certain circumstances,discontinue the aforementioned billing arrangement and begin to 611 the Customer directly for the charges under
the Lease.
2. The Lease Is a stand alone non-cancelable agreement between Lessor and Customer and not governed by the terms and
conditions of the SA.The Customers obligations under the Lease are In no way modified or relieved by any action,Inaction,or
default of the SA by PAETEC and notwithstanding any terms contained In the SA to the contrary,Customer is obligated to make its
payments and perform its obligations In accordance with the terms of the Lease.
3. Subject to Section 9 below,PAETEC is not a lessor,manufacturer,supplier,vendor,distributor or Installer of the Equipment(individually,
"supplier),and Customer has selected the equipment,each supplier,and the Lessor based on Customers own judgment.
4. Subject to Section 9 below,PAETEC has not made,and does not hereby make any representation or warranty,written or oral,statutory,
express,or implied with respect to the Equipment,any supplier.Lessor,or the Lease.
5. Although PAETEC may provide billing and collection services for the benefit of Lessor,PAETEC and Lessor are separate corporate
entities and PAETEC is not an agent of Lessor,does not represent Lessor,and has no authority to speak for Lessor or to bind Lessor in any
way. Lessor is not an agent of PAETEC,does not represent PAETEC,and has no authority to speak for PAETEC or to bind PAETEC in any
6. Subject to Section 9 below,no supplier Is an agent of PAETEC or authorized to speak for PAETEC or to bind PAETEC In any way.
7. Customer shall not make any claim against PAETEC with respect to Lessor,the Lease,any supplier or the Equipment.
6. Customers obligations under the SA are absolute,unconditional and non-cancelable and shall not be subject to any delay,reduction.
setoff,defense,counterclaim or recoupment for any reason,including,but not limited to,any failure of the Equipment,rejection or cancellation
of the Lease by Lessor or the enforcement of its rights thereunder,or any misrepresentations of Lessor or any supplier.
9. If Customer has selected PAETEC's wholly-owned subsidiary,PAETEC Integrated Solutions Group,Inc.("ISG"),to supply all or part of the
Equipment,nothing in this Schedule shall alter the contractual obligations between ISG and Customer as set forth in the separate agreement
between ISG and Customer.
B. Description of Eauldment to be Financed by CIT Finance LLC:SEE ATTACHED
C. Consolidated Billing for Equipment Lease end Services:Credit to Customer. PAETEC will invoice Customer for the Services at
specified in the SA and for the full amount of the Lease payment(including applicable sales tax as calculated by the Lessor upon funding of the
Lease). PAETEC shall provide Customer with a monthly credit for Services In the amount of $0(the'EFS Credit')In consideration of certain
amounts clue under the Equipment Lease.Provided that Customer pays PAETEC for the invoiced charges,PAETEC will remit to the Lessor
each month on Customer's behalf on amount equal to the monthly charges due under the Lease.Customer will be responsible for all property
taxes as outlined In the Lease.
ACceDled.13y&ealftMer Authorized by PAFTEC a Windslreartcomoanv
Signature: Signature:
Printed Name: Printed Name:
Title: Title: RD
Date: Date:
Pege 8 of 11
"EXHIBIT 49 n'
CREDIT APPLICATION
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BUSINESS Fl Legal elan ITes weaatar No.
INFORMATION
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Carted Pram No. Eta No
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Proprietorship
FicisearbutdOPMe Tilt Sods(Scanty IM Genera/Partnership
Nmd4maMaCso I Limited Paltmnhip
Not for Pmfd
CINrSeb/bt Ram No.
S Corporation
PrIndmiterenrereaseer Tee Seemly No. Data of Inc.
NTMLrtdedaur State of lnt--
y 0 Limited Uah my
.... •1. 0 State or Local Gov't
BANK None AaaoMees OM= Phone No.
REFERENCE t 1 I
Adams(ay,Stem) ChedirolLotn Amount No.
Bon More Aemmtlom Or Poore No.
2. (
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TRADE Tram Moen=(MMre.Cell.Raft) Caned Mn Aaaml No. Prate No ..
REFERENCE ,.
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INFORMATION f Eaa(pneted d
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CONTACT
BUSINESS ray eraett
PURPOSE awaemt eaay bm PM You ore aaA6e b nett bur bee=pramoL eel not ra Paemd.wnbaraedrmf wewxe
RELEASE To baton Tit May Caron
Twa tie to your astray era mI request to nee to releaeoy odarmatm requested amain-erg gerund or began aedt Comm
•
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�.ea undersigned Sae$.. ttatx,nbaq maY to coin lured/mmamaw Meese reOwtbd eamrbq aaena
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Page sail
"EXHIQITA.11i1L!t.
Val
V "
PAETEC COMMUNICATIONS,INC. LETTER OF AUTHORIZATION
I am the Customer of Record or the Authorized Representative responsible for payment for each of the telephone numbers Hated herein.I appoint PAETEC
Communications,Inc.,on behaff of heel end Its affiliates'('PAETEC-)a Midstream company toad as my again for the purpose of collecting account
Information(Including service records and equipment listings)and Implementing the change(s)author zed on this document end to Investigate my credit history
to the full extent permitted by applicable law.I understand that I may only salad one local exchange canter and one primary interexchange carver for any one
telephone number for the aeneces selected below.Further,I understand that my anent local exchange provider may charge a peMne fee for changing long
distance carders.Other charges for switching local exchange carders may apply.
When accompanied by a signed service agreement,I authorize PAETEC to ad as my agent for the purposes of coordinating,ordering,and/or converting of the
specific telecommunications seMce(s)that my existing ldecommuNratIons confer(s)provide to me.I herebyauthorize the change of my telecommunications
cardar(s)from that/hose which I am airently using to PAETEC for each of the seMce types that I have designated below and In my service agreement This
includes without limitation the removal.addition,rearrangement or conversion of those teleoomnunlcolions services to PAETEC.I acknowledge that!must not
cancel service with my currant provider until the port process to PAETEC Is complete.To the extant I have any duplication of service with my current provider.I
understand that I am responsible for canceling such service with my current provider upon completion d service activation with PAETEC.
INSTRUCTIONS:LIST ALL APPLICABLE BILLING TELEPHONE NUMBERS relWa and all aesoclated telephone numbers")IN TABLE
2 BELOW OR LIST THE MAIN BILLING TELEPHONE NUMBER BELOW AND ATTACH A DOCUMENT IDENTIFYING ALL ASSOCIATED
TELEPHONE NUMBERS SUBJECT TO THIS LOA;THEN MARK EITHER TABLE 1 OR COMPLETE THE REMAINDER OF THE BLOCKS
IN TABLE 2.
I hereby select PAETEC as my primary provider of:
(1)ALL of the services selected In Table I below for all the BTNs listed In Table 2 below:
Table 1
Local Service IntraLea Toll Service In-State Long Domestic Lang international
Distance Distance
OR ❑ ❑ - ❑ ❑ -
❑
•
(2)on a per line basis, only the selected services for the following BTNs:
Table 2
BTN(Billed Telephone Number)(use additional Local Service IntraLeta In-State Long Domestic Long International
sheets for more BTNs) Tog Service Distance Distance
❑ ❑ ❑ ❑ ❑ _
❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ -
❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑
❑ ❑ i ❑ _ ❑ ❑
THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY THE CUSTOMER.
Authorized Customer Signature: Date:
Customer Name: City of Carmel Telephone Number:
Customer Address: 31 1st Ave NW Federal Tax ID Number,
. City,State,21p: . CARMEL,IN 46032-1715 0.8A(if applicable): .
'or the fdlw.trg Wtndsbeam companies:US LEC CORP.d/b/a PAETEC Business SeMces;US LEC COMMUNICATIONS L.LC..drh/a PAETEC Business
Services;US LEC OF ALABAMA LLC dada PAETEC Business Services;US LEC OF FLORIDA LW d/b/a PAETEC Business SeMcos;US LEC OF GEORGIA
LLC dale PAETEC Business SeMces;US LEC OF MARYLAND LW d/b/a PAETEC Business Services;US LEC OF NORTH CAROLINA 1.1.C.d/b/a PAETEC
Business S.M,oes;US LEC OF PENNSYLVANIA L.LC.WW1;PAETEC Business Services;US LEC OF SOUTH CAROLINA L.L.C.Baba PAETEC Business
Services;US LEC OF TENNESSEE LL.C.d/b/a PAETEC Business SOMME US LEC OF VIRGINIA L.LC.d/a/a PAETEC Business Services,PAETEC
Communications of Virginia.Inc,McLeodUSA Telecommunications Services,L.L.C.d/b/a PAETEC Business Services and MdaodUSA Inbrmelkln Services,
L.LC.;Inbitfiber Networks,Inc.:Cavalier Telephone L.L.C.dfi/a PAETEC Business Services;Cavalier Telephone Mid-Atlantic L.L.C.d/bla PATEC Business
Servkaa;Talk America,Inc.d/bla Cavelier Telephone and PAETEC Business Services:Talc America of Virginia,Inc,dada Cavalier Telephone and PAETEC
Business Services,LOMI Tatecommuntcations,Inc.drD/e Cavalier Telephone and PAETEC Business Services;Network Telephone Corporation d/b/a PAETEC
Business Services;The Other Phone Company,Inc dam/a PAETEC Business Services.
Page 10 of 11
ii 21 I.
rt
windstream.
.y .A `"�'l ,{"�3"`�"�f '"PTOLIvFREE lE•TTER(Of•ArGENCY '- - . �y m-
isr=7.7.:tecm
PAETEC rPAETEC1'now part of Wlndstream,has authorization for the management and administration of Customer's
Toil-Free number(s)listed below.The undersigned toll tree number holder(The holder')appoints PAETEC as the
Responsible Organization('RESP ORG')for the toll free numbers listed below,and authorizes PAETEC to make any
revisions to the Information provided below as may be necessary to effect the Intended transfer.The holder attests that It Is
the exclusive end-usIng subscriber of such toll free numbers and releases from liability any person to whom this letter Is
provided for carrying out the requested transfer of RESP ORG designation,as specified herein.
Toll Free Number Rings to Toll Free Number Rings to:
Customer must provide the following Information exactly as It appears on Customer's most recent bill copy:
City of Carmel
Business Name(the'holds()
31 1st Ave NW
(Current ailing Street Address)
CARMEL,IN 46032-1715
(City,Slate and Zip)
Customer agrees to pay all charges for toll-free service and any additional charges billed by previous provider(s)of
service(s).The undersigned has read this LOA form and by his/her signature acknowledges receipt of a copy of this
form end agrees to the terms and conditions outlined herein.Customer retains full lability for publication or distribution
of a number prior to connection of the service to the proper facility.
Authorized Signature Data
Print Authorized Name
Title Phone Number
For RESP ORO use only: Current RESP ORG:
'Requested Transfer Date: • Time: AM/PM:- ' - J •
•
'Or one of these WlndsUeem companies:PAETEC Communications,Inc;McLaodUSA Telecommunications Services,L.L.C.dMa
PAETEC Business Settee McleodUSA Information Services,InG US LEC COMMUNICATIONS LW dela PAETEC Business Services;
US LEC OF ALABAMA LLC d/b/a PAETEC Business Services;US LEC OF FLORIDA LLC d/b/a PAETEC Business Services;US LEC OF
GEORGIA LLC dMa PAETEC Business Services;US LEC OF MARYLAND LLC d/b/a PAETEC Business Services;US LEC OF NORTH
CAROLINA LLC d/b/e PAETEC Business Smokes;US LEC OF PENNSYLVANIA LLC d/b/a PAETEC Business Services:US LEC OF
SOUTH CAROLINA LLC d/Ne PAETEC Business Services;US LEC OF TENNESSEE LLC dMa PAETEC Business Services;US LEC OF
VIRGINIA L.L.C.dMe PAETEC Business Senecas and PAETEC Communications of Virginia,Inc.,[meelmer Networks,Inc..;Cavalier
Telephone L.I.C.des/a PAETEC Business Services;Cavalier Telephone Mid-Atlantic L.L.C.dMa PATEC Brcaless SeMres;Talk Arnerim,
Inc.dMa Cavalier Telephone end PAETEC Business Services:Talk America at Virginia,Inc.,aNa Cavalier Telephone end PAETEC
Business Services;LOMI Telemmnunicaeons,Inc.dMa Cavalier Telephone and PAETEC Business Services;Network Telephone
Corporation dMa PAETEC Business Services;The Other Phone Company,Inc d/bla PAETEC Business Services.
Page 11 of It
"EXHIBIT 4)e. df .ne 99
PAETEC
PAETEC
STANDARD TERMS AND CONDITIONS OF SERVICE
t. SCOPE. These terms and conditions apply to the Party's intent not to renew the Agreement at least thirty
provision of all telecommunications and related services (30)days prior to expiration of the then current Term. if a
("Services") by PAETECt ("PAETEC") to Customer party provides written notice of its intent not to renew,the
under the service agreement("Agreement") to which this Services shall continue under the terms and conditions of
schedule is a part. The Services will be offered in each the Agreement, including application of the Minimum
area to the Customer by PAETEC or by an entity (the Monthly Fee, after expiration of the Term an a month to
"Authorized Entity')which is a subsidiary or affiliate of month basis with the Services priced at PAETEC's then
PAETEC authorized to provide the Services in the current monthly rates exclusive of any Term and Volume
applicable jurisdiction. The terms and conditions of this discounts, promotions or EFS arrangements, until each
Agreement arc, and shall be, applicable to the Services respective service is canceled by either Party upon thirty
provided to the Customer by each Authorized Entity. (30) days written notice to the other Party. PAETEC'S
2. TERM. provision of Services is contingent upon Customer's
a) The Agreement shall be effective on the latter of compliance with PAETEC'S credit requirements, which
Customer or PAETEC's signature dates on the Service requirements may he revised during the Term hereof in
Agreement("Effective Date").Thelerm of the Agreement PAETEC'S sole and reasonable discretion.
and the Minimum Monthly Fee shall commence upon b)ADDITIONAL SERVICES. Additional Services
Acceptance of the Service(as hereinafter defined)at all of may be added from time to time by Customer, which
the Service Locations covered by this Agreement, or the Additional Services will be co-terminus with the Term of
Effective Date, whichever is later, and shall continue in the Agreement provided that (i) a minimum in-service
full force and effect for the time period indicated on the period of one (1) year ("Minimum In-Service Period")
first page of the Agreement ("Term"), unless earlier shall apply for each Additional Service; (ii) the parties
terminated in accordance with its terms. During the time amend this Agreement to add the rate schedule applicable
prior to commencement of the Term, Customer shall be to such Additional Service; and (iii) the Minimum
responsible for paying any monthly recurring charges for Monthly Fee shall be adjusted accordingly. In the event
circuits and/or facilities Accepted at the Service that the Term of the Agreement expires prior to expiration
Location(s)which will carry either data,voice or both and of the Minimum In-Service Period for any Additional
associated actual usage of the Services, plus applicable Services, the Agreement shall continue in full force and
taxes and surcharges,provided(hot in the event Customer ' effect with respect to such Additional Service only until
cancels the Agreement at any time during this period prior expiration of the Minimum In-Service Period. In the
to commencement of the Term, except as permitted by event That Additional Services are terminated prior to the
Section 6 of the Standard Terms, Customer shall be expiration of the applicable Minimum In-Service Period,
responsible for the early termination charges as set forth Customer shall be responsible for payment to PAETEC of
in Section 7b of the Standard Terms. "Acceptance" as an amount equal to the monthly recurring charges for such
used herein shall mean the earlier of: (i)actual use of the terminated Additional Service, multiplied by the number
Services; (ii) the date the Service is installed and is of months remaining in the applicable Minimum In-
running in test mode in accordance with the requirements Service Period.
of this Agreement, with no trouble tickets established by 3. RATES AND CHARGES.
Customer, or (iii) seven (7) days after delivery of the a)The rates and charges for the Services shall be those set
circuits, facilities end/or Service to Customer's premise. forth in the rate schedule to the Agreement (the "Rate
After expiration of the Term, except where prohibited by Schedule") or other appropriate schedule thereto, in
state law, the Agreement, exclusive of any previously addition to PAETEC's tariffs, as applicable and as
applicable Equipment for Services ("EFS") arrangement amended from time to time. All rates and charges set
shall renew automatically for successive renewal terms, forth in any preliminary quote are subject to final approval
each for a period of time equal to the original Term or and acceptance by PAETEC. The rates and charges in the
such lesser amount as permitted by state law, unless either Rate Schedule apply only to the Services provided at the
Party serves the other Party with written notice of such service address listed on the Rate Schedule of the
•
Page I of6
QA-P-3010-01-LFIa 060910
"EXHIBIT 4112 eiti13 99
Agreement. Each additional Customer location added bill is not paid by the date which is thirty (30)days after
after the Effective Date of the Agreement shall require its the invoice date listed on the bill (the "Due Date"),
own rate schedule. Calls made using any service offered Customer also shall pay PAETEC a monthly late charge
by PAETEC are rounded up to the next cent at the amount equal to 1.5%of the unpaid balance due(or such
termination of the call. For any PAETEC service used by lesser amount as is the maximum amount permitted under
Customer for which a rate is not specified in the applicable law). Customer must provide PAETEC with
Agreement,PAETEC's standard business rate shall apply. written notice of any disputed charge(s)within ninety(90)
b)Notwithstanding the foregoing,Customer guarantees to days after the invoice date listed on the bill or shall be
PAETEC payment of a Minimum Monthly Fee in the deemed to have waived its rights to dispute the charges.
amount set forth on the first page of the Agreement If the dispute is filed on or before the Due Date for the
("Minimum Monthly Fee"). For each month Customer respective invoice, Customer shall pay the invoiced
agrees to pay the greater of 0)the total amount otherwise amount minus the disputed amount by the Due Date.
due for the month for all Services and any Equipment Customer shalt have no right to withhold amounts not
provided under the Agreement, or (ii) the Minimum disputed by the Due Date,provided that payment of an
Monthly Fee. Compliance with the Minimum Monthly invoice shall not be deemed a waiver of Customer's rights
Fee shall be based on Customer's Service charges prior to to later dispute an invoke within the time period
application of any taxes or surcharges. established in this Section. The dispute notice shall set
c)If ten percent(10%)or more of Customer's completed forth in writing in reasonable detail the information
calls are equal to or less than 6 seconds in length("Short concerning the disputed charges and reasons for the
Duration Calls") during any calendar month, PAETEC dispute. PAETEC and Customer shall attempt in good
reserves the right to charge and Customer shall be faith to promptly resolve any objection to the invoiced
responsible for payment of a surcharge of 50.01 per Short amount. If the dispute is subsequently resolved in favor
Duration Call,which surcharge shall be in addition to the of PAETEC, Customer shall pay the disputed amount
rates and charges for the Services and all other applicable previously withheld within ten (10) days of such
surcharges and taxes. If more than forty percent(40%)of resolution, including interest at the rate specified above
Customer's total call attempts are uncompleted during any from the original due date. If the dispute is subsequently
given month, per trunk group and DSO circuit, PAETEC resolved in favor of Customer, PAETEC shall issue a
reserves the right to disconnect the affected circuit or to credit on Customer's subsequent invoice for the disputed
charge Customer S I C per DSO per month per trunk group. amount. If PAETEC Initiates legal proceedings to collect
If applicable, the same metrics will be applied on a any amount due hereunder and PAETEC substantially
session (or DSO equivalent) basis for SIP based prevails in such proceedings then Customer shall pay the
termination Services. reasonable costs and expenses, including but not limited
4. TAXES AND SURCHARGES. In addition to the to reasonable attorney fees, expenses, court costs and
rates and charges for the Service(s), Customer shall be service charges, incurred by PAETEC in collecting
responsible for payment of all local, state and federal payment and/or in prosecuting such proceedings and any
taxes, fees and surcharges, however designated, imposed appeals therefrom.
on or based upon the provision, sale, or use of the 6. TERMINATION.
Services, excluding taxes based on PAETEC'S net a)A party may terminate the Agreement on thirty (30)
income. Customer shall be responsible for the payment of days' written notice if the other party materially breaches
all surcharges in effect from time to time, including but the Agreement and such breaching party fails to cure the
not limited to USF,and payphone surcharges,as required breach within such notice period,provided that the cure
or permitted by applicable law,regulation or tariff("Price period for breach of any of Customer's payment
List") and/or as specified on the PAETEC website at obligations shall only be ten(10)days,or as provided by
hno//www.oaetec.com/noticeflerealnotice.htm(. To the law.
extent a sale is claimed to be subject to a tax exemption, 6)A party may terminate the Agreement upon written
and Customer provides.PAETEC with a proper tax notice to the other party if(i)the other party dissolves or
exemption certificate as authorized or required by statute becomes insolvent; (ii) the other party makes an
or regulation of the jurisdiction providing said tax assignment for the benefit of creditors;(iii)the other party
exemption,PAETEC agrees to exempt Customer from the suspends the transaction of its usual business or consents
collection of taxes to the extent warranted by such to the appointment of a trustee or receiver, or (iv) a
certificate(s).Failure to timely provide said certificate will receiver of the other party is appointed.
result in no exemption being available to Customer for c) If Customer(or any Customer affiliate)is in default of
any period prior to the date that the Customer presents a the terms of any other agreement between PAETEC (or
valid certificate. any PAETEC affiliate) and Customer (or any Customer
5. BILLING AND PAYMENT. Billing for a Service affiliate), including but not limited to any payment
shall commence upon Acceptance(as previously defined), obligation to PAETEC or its affiliates, then PAETEC, at
All bills are due and payable upon receipt. If Customer's its sole option, may consider such default as a default
Page 1 of 6
QA-P-3010-01-LFIa 060910
•
"EXHIBIT A AiLiti i If
under this Agreement and provide notice of default in set forth in 47 C.F.R. Section 64.1200 and 16 C.F.R.Part
accordance with the terms of this Agreement. Customer 310. Failure to do so shall constitute a material breach of
further understands and agrees that any breach by the Agreement.
Customer of its obligations under this Agreement shall 10. UNAUTHORIZED USE OF SERVICES.
also be deemed a breach by Customer of its obligations a) Except as provided in subsection(b)below,Customer,
under any other agreements it(or any Customer affiliate) and not PAETEC, shall bear the risk of loss arising from
has entered into with PAETEC and/or its'affiliates and any unauthorized or fraudulent usage of Services provided
understands and agrees that any such breach shall under the Agreement to Customer. PAETEC reserves the
authorize PAETEC and/or any of its affiliates to right, but is not required, to take any and all action it
immediately suspend performance under, and or deems appropriate(including blocking access to particular
terminate,said agreements with Customer(or Customer's calling numbers or geographic areas) to prevent or
affiliates)for default. terminate any fraud or abuse in connection with the
el)In addition to PAETEC's remedies under Section 5 and Services,or any use thereof, provided, however, that any
Section 6(a) hereof, PAETEC shall have the right on such action shall be consistent with applicable federal and
fifteen (15)days prior notice to immediately and without state laws, rules, and regulations. In addition, as a
further notice suspend Services to Customer in the event condition of receiving the telecommunication services
of nonpayment by the Due Date of any charges not contemplated hereunder,Customer shall at all times order
disputed in accordance with the provisions of Section 5. adequate trunking for Customer's call volume. In the
7. TERMINATION LI ABILITY. event Customer's call trunking is inadequate to
a)If the Agreement is terminated anytime during the accommodate the call volume it is receiving at any given
Term,Customer shall pay to PAETEC,immediately upon time then PAETEC may, at Its sole option, restrict or
demand, (i) all sums then due and unpaid plus (ii) an block calls to the applicable circuits.
amount equal to the Minimum Monthly Fee times the b) Notwithstanding the foregoing, Customer shall not be
number of months left in the Term. No termination liable for unauthorized or fraudulent usage to the extent
liability will apply in the event that the Agreement is that(i)Customer has previously notified PAETEC of the
terminated by Customer pursuant to Section 2 at the end problem; (ii) the problem was within PAETEC'S
of a Term or 6 above as the result of a PAETEC breach, reasonable ability to correct or prevent,and(iii)PAETEC
however, in such event Customer shall be responsible for negligently or willfully fails to correct or prevent such
payment of all charges incurred prior to the termination unauthorized or fraudulent usage.
date. II. WARRANTY. THE QUALITY OF SERVICE
b) In the event Customer terminates the Agreement at PROVIDED HEREUNDER SHALL BE CONSISTENT
any time during the period prior to commencement of the WITH COMMON CARRIER INDUSTRY
Term, except as permitted by Section 6 above, Customer STANDARDS, GOVERNMENT REGULATIONS AND
shall pay to PAETEC, immediately upon demand, (i)all SOUND BUSINESS PRACTICES. PAETEC MAKES
sums then due and unpaid for the Services plus (ii) an NO OTHER WARRANTIES ABOUT THE SERVICE
amount equal to six(6)times the Minimum Monthly Fee. PROVIDED HEREUNDER, EXPRESSED OR
S. LIMITATIONS OF SERVICE. Notwithstanding IMPLIED, INCLUDING, BUT NOT LIMITED TO,
any other provision contained herein,this Agreement shall ANY WARRANTY OF MERCHANTABILITY OR
apply only to nontarrier services provided directly to
FITNESS FOR A PARTICULAR PURPOSE. PAETEC
Customer for use only by Customer. For the avoidance of DOES NOT AUTHORIZE ANYONE TO MAKE A
doubt, Customer may not purchase services under this WARRANTY ON PAETEC'S BEHALF AND THE
retail service agreement and resell services to end users. CUSTOMER MAY NOT RELY ON ANY
Resellers may only secure services from PAETEC under a STATEMENT OF WARRANTY AS A WARRANTY
se
wholesale service agreement. This Agreement also does OF PAETEC. THIS SECTION SURVIVES
not constitute a joint undertaking for Customer's TERMINATION OF THE AGREEMENT.
furnishing of any service to its own customers. Services 12. LIMITATIONS OF LIABILITY.
provided to Customer under this Agreement may be a) IN NO EVENT SHALL EITHER PARTY (OR ITS
connected to other facilities between certain locations and AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS
thereby constitute a portion of end-to-end service OR AGENTS) BE LIABLE TO THE OTHER PARTY
famished by Customer to its customers. FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
9. COMPLIANCE WITH LAWS. Each party shall CONSEQUENTIAL OR EXEMPLARY DAMAGES,
comply with all applicable laws, regulations, court INCLUDING, WITHOUT LIMITATION, DAMAGES
decisions or administrative rulings regarding the provision FOR LOSS OF REVENUE, LOSS OF PROFITS, OR
or use of the Services. Without limiting the foregoing,all LOSS OF CUSTOMERS, CLIENTS OR GOODWILL
customers that utilize the Services for the purpose of ARISING IN ANY MANNER FROM THE
making telephone solicitations must comply with the AGREEMENT AND/OR THE PERFORMANCE OR
national do-not-call requirements, including the rules as NONPERFORMANCE HEREUNDER. THIS DOES
Page 3 of a
QA•P-3010-014S i a 060910
"EXHIBIT_Ii5if 11 _99
NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR explosion, accident, war, strike, embargo, governmental
. THE PAYMENT OF ANY AND ALL PROPERLY DUE requirement, civil or military authority, Act of God,
CHARGES. THIS SECTION SHALL SURVIVE inability to secure materials or labor or any other causes
FAILURE OF AN EXCLUSIVE OR LIMITED beyond its reasonable control. Any such delay or failure
REMEDY AND TERM NATION OF THE shall suspend the Agreement until the Force Majeure
AGREEMENT. ceases.
b) PAETEC'S ENTIRE LIABILITY AND Id. RELATIONSHIP OF PARTIES. Neither the
CUSTOMER'S EXCLUSIVE REMEDIES WITH Agreement nor the provision of Service hereunder shall be
RESPECT TO ANY SERVICE PROVIDED TO deemed to create any joint venture,partnership or agency
CUSTOMER (INCLUDING WITHOUT LIMITATION between PAETEC and Customer. The Parties are
WITH RESPECT TO THE INSTALLATION, DELAY, independent contractors and shall not be deemed to have
PROVISION, TERMINATION, MAINTENANCE, any other relationship. Neither Party shall have,or hold
REPAIR, INTERRUPTION, OR RESTORATION OF itself out as having, the power or authority to bind or
ANY SUCH SERVICE) OR BREACH OF THE create liability for the other by its intentional or negligent
AGREEMENT, WHETHER IN AN ACTION FOR OR act.
ARISING OUT OF BREACH OF CONTRACT, TORT, 15. PAETEC FACILITIES. Equipment furnished by
INCLUDING NEGLIGENCE, INDEMNITY OR PAETEC shall remain its property and shall be returned to
STRICT LIABILITY, SHALL BE AS FOLLOWS: PAETEC on expiration or termination of the Agreement
(I)FOR A SERVICE QUALITY CLAIM (INCLUDING or as earlier requested by PAETEC, in good condition,
INTERRUPTION IN SERVICE),THE OUTAGE CREDIT reasonable wear and tear excepted. Customer shall
UNDER THE SERVICE LEVEL AGREEMENT;(II)FOR reimburse PAETEC for any loss of, or damage to,
TANGIBLE PROPERTY DAMAGE OR PERSONAL PAETEC'S facilities or equipment on the Customer's
INJURY CAUSED BY PAETEC'S NEGLIGENT ACTS premises, except loss or damage caused by PAETEC'S
OR OMISSIONS, OR FOR ANY DAMAGES ARISING own employees,agents or contractors.
FROM THE WILLFUL MISCONDUCT OF PAETEC, 16. NOTICES. All notices and communications under
THE AMOUNT OF PROVEN DIRECT DAMAGES;AND the Agreement shall be in writing and shall be given by
(III) FOR ALL OTHER CLAIMS NOT COVERED BY personal delivery, by registered or certified mail, return
THE FOREGOING SUBSECTIONS, THE AMOUNT OF receipt requested, by regular U.S. mail, or by facsimile
PROVEN DIRECT DAMAGES NOT TO EXCEED AN transmission,addressed to the respective Party as set forth
AMOUNT EQUAL TO THE CHARGE APPLICABLE in the first page of the Agreement or to such other address
UNDER THE AGREEMENT FOR THE PERIOD as may be designated in writing by such Party. Notice
DURING WHICH SERVICES WERE AFFECTED. IN shall be deemed given upon mailing or sending.
NO EVENT SHALL PAETEC'S AND ITS 11. ENTIRE AGREEMENT. The Agreement,
AFFILIATES' CUMULATIVE LIABILITY FOR ALL including these Standard Terms and Conditions,
CLAIMS (EXCLUDING (II) ABOVE) ARISING OUT PAETEC's Acceptable Use Policy ("AUP"), Service
OF THIS AGREEMENT EXCEED THE TOTAL Level Agreement ("SLA") and all other schedules
AMOUNT OF ALL FEES PAID BY CUSTOMER TO referenced in the Agreement or at
PAETEC HEREUNDER. THIS SECTION SURVIVES httoh/www,oaetec.com/notice/legalnotice.html and which
TERMINATION OF THE AGREEMENT. are applicable to the Services purchased by the Customer,
c) PAETEC also shall not be liable for any damages PAETEC's applicable tariffs, all of which arc expressly
arising out of or relating to: interoperability, interaction, incorporated by reference, and any attached schedules
access or interconnection problems with applications, signed by both parties, represents the entire agreement of
equipment, services,content or networks not provided by the Parties with respect to the subject matter hereof and
PAETEC; Service interruptions or lost or altered supersedes all other agreements,written or oral, between
messages or transmissions (except to the extent credit the Parties relating to the Service. The tariffs, the
allowances are specified in the applicable Service Level Standard Terms and Conditions, AUP, SLA and other
Agreement);or unauthorized access to or theft, alteration, applicable schedules referenced in the Agreement or at
loss or destruction of Customer's, Users'or third parties' htto//www,paetec.com/noticeAeealnotice.hunl may be
applications, content, data, programs, information, modified from time to time. Any other modification to
network or systems. this Agreement shall be in writing and signed by
13. FORCE MAJEURE. Except with respect to authorized representatives of both Parties. In case of any
Customer's payment obligations for Services rendered conflict between the provisions of these Standard Terms
prior to the commencement of a Force Majeure event, and any schedule (including any Addendum), the
notwithstanding any other provision of the Agreement, provisions of the schedule or Addendum shall Wee
neither Party shall be liable to the other Party for any precedence unless otherwise indicated In writing by
delay or failure in performance of the Agreement to the Customer and PAETEC. A digitized(electronic)copy of
extent such delay or failure is caused by fire, flood, the executed Agreement shall be deemed the same as an
Paged of 6
QA-P-3010-0I-LF I a 060910
"EXHIBIT 4e 01
original copy. The Agreement may be executed in any indebtedness of the assignor or any affiliate of the
number of counterparts, including facsimile counterparts assignor. In the event of any assignment by Customer as
or electronic PDFs, each of which shall be deemed an permitted hereunder, the assignee must comply with
original,but all of which together shall constitute one and PAETEC'S credit and security requirements.
the same instrument. Any hand written notation on this 22. GOVERNING LAW. The Agreement shall be
form or on any portion of the Agreement by Customer is interpreted,construed and enforced in accordance with the
rejected in its entirety unless expressly agreed to in laws of the State of New York, without regard to Its
writing by a PAETEC Vice President of Sales. The conflict of laws principles. Each party consents to
information exchanged between Customer and PAETEC personal jurisdiction in the state and federal courts of the
concerning Services, Networks and equipment State of New York.
configuration, as well as information about Customer, 23. SPECIAL CONSTRUCTION. Provision of
constitutes proprietary information. Both Parties agree to Services is subject to PAETEC's approval of the
keep any such information confidential unless either is suitability of Customer's premises for the Services. In
obligated by law to disclose information contained herein. addition, Customer shall be responsible for all costs
Provisions in the Agreement that by their sense and associated with any special construction and/or wiring
context are intended to survive completion of that may be requested and/or required as part of
performance, termination or cancellation of the PAETEC's provision of Service,and all costs arising from
Agreement,shall survive. any Customer requested change in location of all or pan
18. REGULATORY CHANGE. PAETEC may amend of the Services prior to the completion of construction or
any contract term or pricing in response to a regulatory installation.
change that materially changes the technical feasibility or 24. TELEPHONE NUMBERS. In no event shall
economics of providing service. PAETEC will notify PAETEC be liable for (i) any telephone numbers
Customer in writing when exercising this right, after published or distributed by Customer prior to Acceptance
which Customer will have thirty (30)days from the date of Service (as hereinabove defined)at all of the Service
of the notice to terminate the adversely affected Services Locations covered under the Agreement; or (ii) for any
for cause by notifying PAETEC in writing. If Customer directory publishing error.
does not respond in writing to PAETEC within thirty(30) [end of schedule]
days, Customer waives its right to terminate. For
avoidance of doubt, Customer's remedy pursuant to this
section shall not apply for rates otherwise subject to i
PAETEC is defined for purposes of this Agreement to
change as designated on Customer's Rate Schedule(s). include PAETEC Communications,Inc.,PAETEC Com•
19. WAIVER. No tehn or provision herein shall be munications of Virginia,Inc.,PAETEC Software Corp.,
waived, and no breach or default excused, unless such McLeodUSA Telecommunications Services,Inc.d/b/e
waiver or consent is in writing and signed by the Party to PAETEC Business Services;McLeodUSA Information
which it is attributed. No consent by a Party to,or waiver Services,Mc;US LEC COMMUNICATIONS INC.d/b/a
of,a breach or default by the other,whether expressed or PAETEC Business Services;US LEC OF ALABAMA
implied, shall constitute a consent to or waiver of any LLC d/b/a PAETEC Business Services;US LEC OF
subsequent breach or default.
FLORIDA LLC d/b/a PAETEC Business Services;US
20. PARTIAL INVALIDITY. If any provision of the LEC OF GEORGIA LLC d/b/a PAETEC Business Ser-
Agreement shall be held to be invalid or unenforceable, vices;US LEG OF MARYLAND LLC d/b/a PAETEC
such invalidity or unenforceability shall not invalidate or Business Services;US LEC OF NORTH CAROLINA
render the Agreement unenforceable, but rather the INC.d/b/a PAETEC Business Services;US LEC OF
Agreement shall be construed as if not containing the PENNSYLVANIA LLC d/b/a PAETEC Business Servic.
invalid or unenforceable provision. However, if such es;US LEC OF SOUTH CAROLINA LLC d/o/a PAE-
provision is an essential element of the Agreement, the TEC Business Services;US LEC OF'TENNESSEE INC.
Parties shall promptly attempt to negotiate a substitute d/b/a PAETEC Business Services;and US LEC OF VIR-
therefor. OINIA L.L.C.d/b/a PAETEC Business Services.
21. ASSIGNMENT. Customer may not assign the The PAETEC entity that is providing regulated services to
Agreement without the written consent of PAETEC, Customer under the Agreement is the entity that is cat'fi-
which consent shall not unreasonably be withheld or cated to provide local exchange and intrastate interex-
delayed;provided that no such consent shall be required change services in the state in which local exchange sec-
tor any assignment by a party to an entity that either vice is being supplied. All services provided to Customer
controls or is controlled by or is under common control by that entity are provided subject to that particular anti-
with that party; or to an entity which succeeds to all or
ty's federal and state tariffs. To the extent that multiple
substantially all of such party's assets whether by merger, operating subsidiaries are certificated in a particular state,
sale or otherwise; or to any institutional lender to whom the entity providing service is the entity that submitted an
this Agreement is assigned as collateral security for any order to secure the local access loop that is required to
Page 5 ore
QA-P-3010.01-LF Ia 060910
., _94
provide such service.
Peec6 el6
QA-P-3010-01-LFIa 060910
DRAFT
EXHIBIT B
Invoice
Date:
Name of Company:
Address&Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
—
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
20- AFFIDAVIT
i�/( / / , being first duly sworn, deposes and says that
he/she is familiar wit and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen(18) years of age and am competent to testify to the facts contained
herein.
2. I am no and at all times relevant herein have been employed by
i 1 — 77 V IS 'i) / , he"Employer")
in the position of 1 IRE(TOR IMF , C/J/ ES
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E-Verify program and has
provided documentation of such enrollment and participation to the City of Cannel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the .2 0 day of Thf 11opp y , 20 f3
Printed: r R/C /22/7&7/7
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
, /
tad J
,
Printed:EPIC 197//PTA
•
6\N . SERVICE LOCATION SUMMARY
windstream.
PAETEC,a Windstream company
Service Location Listing•Monthly Recurring Charges
Primary Billing Acme City of Cannel,#5264564
Quote# 850768
PAETEC Reoresentative Mikuta,Eric J Ron 474122
I .Integrated-,
`_aLocaaon Name&Service Address Access ' ' Nolte • VoIee 8 Data Data -. Equipment , Total
City of Carmel-3rd Ave
459 3rd Ave SW,
CARMEL,IN 46032 $23.00 $0.87 $40.00 $89.81 $30.00 $183.68
City of Cannel
31 1st Ave NW,
CARMEL.IN 46032-1715 $25.00 $841.92 $116.60 $35.00 $30.00 $1,048.52
City of Cannel-Water Department
3450 W 131ST ST,
CARMEL,IN 46032-8793 $20.00 $146.82 $168.82
City of Cannel-1 Civic Sq
1 Civic Sq,
CARMEL,IN 46032-2584 $25.00 $146.82 $171.82
Sal
se] tjaire.ai c 5158 a(17_,Isizte1 [ [sso.00 r 1-0,17/0744
The information set forth on this Service Location Listing sets forth the total Monthly Recurring Charge(s)("MRC°)for each Service Location
covered under the Agreement For the breakdown of MRC charges for each Service Location,along with site specific Usage Fees and Non-
Recurring Fee(s)("NRC"),please refer to the site specific Rate Schedule for each Service Location. By signing below,Customer
acknowledges that It has received and reviewed the site specific Rate Schedule(s)to the Agreement,and agrees to the Information set forth
therein.
The individual signing the Agreement on behalf of Customer Is duly authorized to do so.
Arceoted By Customer Authorized by PAETEC a Windstream company
Signature: Signature:/G, f
Printed Name: Printed Nam......Cr i c ,41/leir-
Title: Title: FyJ 3
Date: Date: 0//1 f4420/1?
$"EXHIBIT b 1 S"
SID Customer Initials
RATE SCHEDULE
windstream.
PAETEC,a Windstream company
Customer I
Customer Name City of Carmel EAN(Account Number) 5264564 J
• Install Street Address 31 1st Ave NW City,State,Zip CARMEL,IN.46032-1715
Opportunity ID 574145 Proposal/Quote ID 850768
Contrail Term 60
I . Included talICIV Price/Unit Total Price '
Access Loop
Dynamic IP T1 - 1 $25.00 $25.00
Advantage Business Lines
Advantage Business Lines Charge JL - 35 $15.00 $525.00
FSLC' - 35 $5.55 $194.25
Dynamic IP Services
20 DID Station Numbers' - 5 $6.00 $30.00
Advanced Managed Router Charge - 1 $35.00 $35.00
Cisco 2431-171E1 Charge - 1 $30.00 $30.00
Compression - 1 $0.00 $0.00
1,5 Mb Dynamic IP Pon T1 SIP Features - 1 $35.00 $35.00
FSLC Charge - 3 $5.55 $16.65
IP Direct Trunk Overflow Charge' - 1 $34.95 $34.95
Switched 1+
National Access Charge-Multi-Line Business• - 35 $3.46 $121.80
Toll-Free(8u)
Tos-Free Access' - 1 $0.87 $0.87
Total Features $1,048.52
Usage,Rates - Dedicated Switched W
Additional
•
Usage G€B3 . AS l3i4- Bw - Rounding
Regional Long Distance Charges 0.0170' 0.0350' 6 sec 6 sec 2 digit t
In State Long Distance Charges 0.0170' 0.0350' 6 sec 6 sec 2 digit t
Out of State Long Distance Charges 0.0170' 0.0300' 6 sec 6 sec 2 digit t
International Long Distance Charges Standard Standard 30 sec 6 sec 2 digit t
International' International'
Caribbean Long Distance Charges Gold' Standard 30 sec 6 sec 2 digit t
International'
Canadian Long Distance Charges Standard Standard 6 sec 6 sec 2 digit t
International' International'
Out of State MX Charges 0.0220' 0.0790' 6 sec 6 sec 2 digit t
Regional 8XX Charges 0.0220' 0.1200' 6 sec 6 sec 2 digit t
In Slate BXX Charges 0.0220' 0.1200' 6 sec 6 sec 2 digit t
International 8XX Charges Silver' Silver' 30 sec 6 sec 2 digit t
Canadian 6XX Charges 0,0200' 0.065T 6 sec 6 sec 2 digit t
Long Distance Directory Assistance Charges 1.9900' 1.9900'
"EXHIBIT il "
ass Customer Initials
•
Other Charges(Non-Recurring) Included 1)Qa g Price/Unit 1. .
Access Loop
Dynamic IP T1 — 1 $0.00 $0.00
Advantage Business Lines
Service Order Charge — 1 $0.00 $0.00
Common Voice Features
LNP — 1 $0.00 $0.00
Dynamic IP Services
Dynamic IP Port Instal — 1 $0.00 $0.00
Advanced Managed Router Install Charge — 1 $0.00 $0.00
Data Accessories kit 1 Charge — 1 $0.00 $0.00
Total Other Charges(Non-Recurring) $0.00
Total Solution 'tRlia
•
Total Monthly Recurring Charges $1,048.52
Total Non-Recurring Charges $0.00
In the event Customers Services Include fees associated with installing enterprise data products,Including but not limited to.Ethernet Internet Service,MPLS,
Hosted VoIP,Vo1P and Data,Managed Security or Managed Router,and unless a Proposal provides otherwise,fifty percent(50%)of Customer's non-recurring
costs('NRCs')shall be paid by Customer on the Effective Date,prior to Company starting any work to instal the Services.The remaining fifty percent(50%)of
the NRCs shall be paid upon receipt of the first Invoice after billing has started pursuant to this Section.Customer's NRCs,If any,will be identified in the
Proposal.If this is a change or addition to Services currently received by Customer at the service location listed on this Proposal,this Proposal supersedes the
existing Proposal or Service Schedule related to the location end the term set forth herein begins upon the earlier of(i)the Installation Date(which may be the
date administrative access to certain software-based is granted to Customer);or(ii)30 days after delivery of the applicable facility or equipment to the Customer
premises(if the delay in connection of the facility and/or equipment is due to Customer or its agent).For existing customers,any rate or Product changes
('Changes-)Mil be effective at the start of the next billing cycle after the Changes have been made,which could be at least two bill cycles from the date of this
Proposal.
Rates listed within the Usage Rates section are applicable for all locations,unless otherwise noted on the individual Service Location listing in the Usage Rates
sub-section.
Notes: 1-Per Minute 2-Per Call 3-Per Minute per Participant
•Rates are subject to change on 30 days notice via bill message on customer's Invoice.
• Additional charges apply for all local,long distance and 8XX features,network access charge,router maintenance,CPE maintenance and directory listings.
For the current features pricing,go to hgpiAvwei caetetcom/about-usfnolic4.
•••Amounts listed are reasonable approximations based on initial proposal. Actual amounts shall depend on final lease amount set forth in the Customer's
Lease Agreement
1 Local Usage is an additional charge In CA,DC.MA,MD,NH,NJ,NY,PA and RI end will be billed at the current larded rate.Rates are subject to change on
30 days notice via bill message on customer's invoice.
t Each call Is billed to two decimal places and rounds the billed amount for each call up to the nearest whole cent.
Customer
Customer Name City of Cannel-Water Department FAN(Account Number) 5284568
Install Street Address 3450 W 131ST ST City,State,Zip CARMEL,IN,46032-8793
Opportunity ID 574145 Proposal/Quote ID 850768
Contract Term 60
"EXHIBIT _ of
taagost3:G Customer Initials
included Total OD Total Price J
Access Loop � �
On Net T1 — 1 $20.00 $20.00
Toll-Free(Bxx)
Toll-Free Access• — 1 $0.87 $0.87
Trunks
20 DID Station Numbers' — 5 $6.00 $30.00
Caller ID -Number+Name Charge — 1 $3.25 $3.25
Direct Trunk Overflow Charge' — 1 $34.95 $34.95
FSLC Charge' — 5 $5 55 $27.75
PRI T1 — 1 $50.00 550.00
Total Features $166.82
Usage.Rates
•
Dedicated Switched, MO Additional
Usage Up G G43 �i> u Rounding
International Long Distance Charges Gold' 30 sec 6 sec 2 digit t
Caribbean Long Distance Charges Bronze' 30 sec 6 sec 2 digit t
Canadian Long Distance Charge Bronze' 6 sec 6 sec 2 digit t
Canadian 8XX Charges 0.0250' 0.0657' 6 sec 6 sec 2 digit t
Other Charges(Non-Recurring) Included Total PricelUnit - 1
Access Loop
On Net T1 — 1 $0,00 $0.00
Trunks
Direct Trunk Overflow(DTO) — 1 $0.00 $0.00
PRI T1 Install — 1 $0.00 $0.00
Total Other Charges(Non-Recurring) $0.00
Total Solution
Total Monthly Recurring Charges $186.82
Total Non-Recurring Charges $0.00
t Each call Is billed to Iwo decimal places and rounds the billed amount for each call up to the nearest whole cent.
.:Customer tom. p- _•
Customer Name City of Carmel-1 Civic Sq EAN(Account Number) 5296732
Install Street Address 1 Civic Sq City,State,Zip CARMEL,IN,46032-2584
Opportunity ID 574145 Proposal/Quote ID 850768
Contract Term 60
"EXHIBITb, t--„
Customer Initials
I Included Price/Unit littfi1 1
Access Loop
On Net T1 — I $25.00 $25.00
Toll-Free(Bxx)
Toll-Free Access' — I $0.87 $0.87
Trunks
20 DID Station Numbers' — 5 $6.00 $30.00
Caller ID -Number+Name Charge — 1 $3.25 33.25
Direct Trunk Overflow Charge' — I $34.95 $34.95
FSLC Charge' — 5 $5.55 $27.75
PRI TI — 1 $50.00 $5000
Total Features $171.82
Usage.Rates Dedicated Switched flu( Additional
Usage a .(C-"Q3 Rounding
International Long Distance Charges Gold' 30 sec 6 sec 2 digit t
Caribbean Long Distance Charges Bronze' 30 sec 6 sec 2 digit t
Canadian Long Distance Charge Bronze' 6 sec 6 sec 2 digit T
Out of State 8XX Charges 0.0220' 0.1100' 6 sec 6 sec 2 digit T
Canadian 8XX Charges 0.0250' 0.0657' 6 sec 6 sec 2 digit t
Other Charges.(Non-Recurring) Included 00 Price/Unit Total Price '
Access Loop
On Net T1 — 1 $0.00 $0.00
Trunks
Direct Trunk Overflow(DTO) — 1 $0.00 $0.00
PRI T1 Install — 1 $0.00 $0.00
Total Other Charges(Non-Recurring) $0.00
Total Solution
Total Monthly Recurring Charges 3171.82
Total Non-Recurring Charges $0.00
t Each call Is billed to two decimal places and rounds the billed amount for each call up to the nearest whole cent
Customer Name
Customer Name City of Carmel-3rd Ave EAN(Account Number) 5296734
Install Street Address 459 3rd Ave SW City,State,Zip CARMEL,IN,46032
Opportunity ID 574145 Proposal l Quote ID 650766
Contract Term 60
"EXHIBIT $ "
Page 10 of 15 Customer Initials
I Included Price/Unit T-otalPrice 1
Access Loop
Dynamic IP T1 - 1 $23.00 $23.00
Dynamic IP Services
Phone System Centralization VTN with existing PAETEC - 80 $0.50 $40.00
Facility
Toll-Free(Bxx)
Toll-Free Access' - 1 $0.87 $0.87
VPN
Advanced Managed Router Charge - 1 $35.00 $35.00
Cisco 2431-171E1 Charge - 1 $30.00 $30.00
FSLC-Data Charge - 1 $16.65 $16.85
Intrastate MPLS Port-1.5 Mbps Charge - 1 $38.16 $38.16
Total Features $183.68
Usage Rates Dedicated Switched { .
(Ci$$9 Additional
Usage GaZ63 M OZEGME120 I:Bl'ti li"- Rounding
International Long Distance Charges Gold' 30 sec 6 sec 2 digit t
Caribbean Long Distance Charges Bronze' 30 sec 6 sec 2 digit t
Canadian Long Distance Charge Bronze' 6 sec 6 sec 2 digit t
Canadian 8XX Charges 0.0250' 0.0657' 6 sec 6 sec 2 digit t
'Other Charges(Non-Recurring) Included 1120 et/
Access Loop
Dynamic IP TI - 1 $0.00 $0.00
VPN
Advanced Managed Router Install Charge - 1 $0.00 $0.00
Data Accessories kit 1 Charge - 1 $275.00 $275.00
Data Installation Charge - 1 $0.00 $0.00
Total Other Charges(Non-Recurring) $275.00
Total Solution • 1Zfg('id33-
Total Monthly Recurring Charges $183.88
Total Non-Recurring Charges $275.00
t Each call is billed to Iwo decimal places and rounds the billed amount for each call up to the nearest whole cent
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"EXHIBIT 11-1 f9
Page 11 of 15 Customer Initials