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9/30/2015 10:42:44 PM
Official Document Type
Agenda Item Number
Special Service Arrangement Agreement
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yiosr7 <br /> r_. <br /> SPECIAL SERVICE ARRANGEMENT <br /> AGREEMENT Case Number FL07- 1770-00 <br /> This Special Service Arrangement (SSA) Agreement ( "Agreement") is by and between BellSouth <br /> Telecommunications, Inc. , a Georgia corporation, d/b/a BellSouth, ("Company" or "BellSouth") and <br /> INDIAN RIVER COUNTY ("Customer"), and is entered into pursuant to Tariff Section A5 of the General <br /> Subscriber Services. This Agreement is based upon the following terms and conditions as well as <br /> Attachment(s) affixed hereto and the appropriate lawfully filed and approved tariffs which are by this <br /> reference incorporated herein. <br /> 1 . Scope. Customer requests and Company agrees, subject to the terms and conditions herein, to provide <br /> the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions <br /> as described in this Agreement ("Service"). The rates, charges, and conditions described in this <br /> Agreement are binding upon Company and Customer for the duration of this Agreement. For the <br /> purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall <br /> become effective upon execution by both parties. For purposes of the determination of any service <br /> period stated herein, said Service period shall commence when the Service is accepted by Customer or <br /> when the customer begins using the Service for its intended operational use, whichever occurs first. <br /> 2. Additional Services. Company agrees to provide Customer notice of any additional tariffed services <br /> required for the installation of the Service . Customer agrees to be responsible for all rates, charges and <br /> conditions for any additional tariffed services that are ordered by Customer. <br /> 3 . Regulatory Considerations. This Agreement is subject to and controlled by the provisions of <br /> Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not <br /> limited to Section A2 of the General Subscriber Services Tariff and No. 2 of the Federal <br /> Communications Commission Tariff and shall include all changes to said tariffs as may be made from <br /> time to time. All appropriate tariff rates and charges shall be included in the provision of this service . <br /> Except for the expressed rates, charges, terms and conditions herein, in the event any part of this <br /> Agreement conflicts with the terms and conditions of Company ' s or any of its affiliated companies ' <br /> lawfully filed and approved tariffs, the tariff shall control . <br /> 4 . Regulatory Approvals. This Agreement may be subject to the appropriate regulatory approval prior to <br /> commencement of installation. Should such regulatory approval be denied, after a proper request by <br /> Company, this Agreement shall be null, void, and of no effect. <br /> 5 . Cancellation-Prior to Installation. If Customer cancels this Agreement prior to the completed <br /> installation of the Service, but after the execution of this Agreement by Customer and Company, <br /> Customer shall pay all reasonable costs incurred in the implementation of this Agreement prior to <br /> receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable <br /> costs shall not exceed all costs which would apply if the work in the implementation of this Agreement <br /> had been completed by Company. <br /> 6 . Termination-Prior to Expiration of Service Period . If Customer cancels this Agreement at any time <br /> prior to the expiration of the Service period set forth in this Agreement, Customer shall be responsible <br /> for all termination charges. Unless otherwise specified by the tariff, termination charges are defined as <br /> all remaining charges as a result of the minimum Service period agreed to by the Company and <br /> Customer and set forth in this Agreement. <br /> 7. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Florida. <br /> 8 . Notices. Except as otherwise provided in this Agreement, notices required to be given pursuant to this <br /> Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, <br /> or United States mail, postage prepaid, addressed to the appropriate party at the address set forth <br /> below. Either party hereto may change the name and address to whom all notices or other documents <br /> required under this Agreement must be sent at any time by giving written notice to the other party , <br /> PRIVATE/PROPRIETARY <br /> CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE <br /> BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. <br /> Page 1 of 14 <br />
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