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• <br />40 <br />v SPECIAL SERVICE; ARRANGEMENT <br />AGREEMENT Case Number F1,99-7695-01 <br />This Special Service Arrangement Agreement ("Agreement") is by and between BellSouth <br />Telecommunications, Inc., a Georgia corporation, d/b/a HellSouth, ("Company") and Indian <br />River County ("Custorner or Subscriber"), and is entered into pursuant to Tariff Section A5 of the <br />General Subscriber Services'lariff. This Agreement is based upon the following terms and <br />conditions as well as any Attachrrrent(s) affixed and the appropriate lawfully filed and approved <br />tariffs which are by this reference incorporated herein. <br />5. II Sukt: Iber cancelli this Agreement prior to the completed installation of the Service, but <br />y, after the execution of this Agrcement by Subscriber and Company, Subscriber shall pay all <br />reasonable costs incurred in the implementation of this Agreement prior to receipt of written <br />notice of cancellation t,., (..ompany. N-:)I%vithstawimr,, the foregoing, such rcascnabl,, costs sha:l <br />not exceed all costs which would apply if the work in the implementation of this Agreement had <br />been completed by Company. <br />6. The rates, charges, and conditions described in the Anachment(s) may be based upon <br />information supplied to Company by the Subscriber, including but not limited to forecasts of <br />growth. If so, Subscriber agrees to be bound by the information provided to Company. Should <br />Subscriber fail to meet its forecasted level of'service requirements at any time during the term of <br />this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its <br />i projected service requirements. <br />PRIVATEIPROPRIETARY <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 I or <br />Customer Initials <br />Date <br />1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to <br />provide tire service described in the Attachment(s) at the monthly and nonrecurring rates, charges, <br />and conditions a'; described in the Attachment(s) ("Service") The rates, charges, and conditions <br />described in the Attachment(s) are binding upon Company and Subscriber for the duration of this <br />Agreement, For the purposes of the effectiveness of the term; and conditions contained herein, <br />this Agreement shall become effective upon execution by both parties. For purposes of the <br />determination of any service period stated herein, said service period shall commence the date <br />upon which installation of th,, service is completed. <br />i <br />j <br />2. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed <br />services required for the installation r,f the Service. Subscriber agrees to be responsible for all <br />rates, charge!, and conditions for such tariffed services. <br />:i. 'I his Agreement is .subject to and controlled by the provisions of Company's or any of its <br />affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 <br />of tilt. (icnerarl Subscriber Services Tariff and No. 2 of the Federal Communications Commission <br />'tariff and shall include all changes to said tariffs as may be made from time to time. All <br />appropriate tariff rates and charges shall be included in the provision of this service. The tariff <br />shall supr.rsedc any conflicting provisions of this Agreement, with the exception of the rates and <br />charges herein, in the event any part of this Agreement conflicu with terms and conditions of <br />Company's or any of its affiliated companies' lawfully filed and approved tariffs <br />A. This Agreement may lit, subject to the appropriate regulatory approval prior to <br />commencement of installation. Should such regulatory approval be denied, after a proper request <br />by Company, this Agreement shall be null, void, and of no effect. <br />5. II Sukt: Iber cancelli this Agreement prior to the completed installation of the Service, but <br />y, after the execution of this Agrcement by Subscriber and Company, Subscriber shall pay all <br />reasonable costs incurred in the implementation of this Agreement prior to receipt of written <br />notice of cancellation t,., (..ompany. N-:)I%vithstawimr,, the foregoing, such rcascnabl,, costs sha:l <br />not exceed all costs which would apply if the work in the implementation of this Agreement had <br />been completed by Company. <br />6. The rates, charges, and conditions described in the Anachment(s) may be based upon <br />information supplied to Company by the Subscriber, including but not limited to forecasts of <br />growth. If so, Subscriber agrees to be bound by the information provided to Company. Should <br />Subscriber fail to meet its forecasted level of'service requirements at any time during the term of <br />this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its <br />i projected service requirements. <br />PRIVATEIPROPRIETARY <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 I or <br />Customer Initials <br />Date <br />