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aW E -rate Rider ATTACHMENT TO Addendum to Master Contract for Indian River County Library BellSouth Business Services Master Agreement # CPG -11097 Quote # BBS080121164427 ( "Agreement" ) FOR SERVICES AND/OR PRODUCTS SUBJECT TO UNIVERSAL SERVICES ( " E-RATE " ) FUNDING This Attachment ("Attachment") , entered into by BellSouth Telecommunications , Inc, d/b/a AT&T Floridat ("AT&T") and Indian River County] (" Customer") and effective as of the date last signed below (" Effective Date") , is an attachment to the Agreement. This Attachment shall have the same term as the Agreement . If there are any inconsistencies between the Agreement and this Attachment with respect to the Service for which E- rate funding is sought , the terms and conditions of this Attachment shall control . TERMS AND CONDITIONS APPLICABLE TO E-RATE FUNDED PRODUCTS AND SERVICES Customer has represented that it intends to seek funding through the Federal Universal Service Fund program known as " E-Rate " for some or all of the Services or Service Components purchased under the Agreement. E -Rate is administered by the Schools and Libraries Division (" SLD " ) of the Universal Service Fund Administrative Company ( " USAC " ) (Sometimes collectively or individually referred to herein as " USAC/SLD " ) . The Federal Communications Commission (" FCC " ) has promulgated regulations that govern the participation in the E-Rate program . Both Parties agree to adhere to FCC regulations as well as the rules established by SLD and USAC regarding participation in the E -Rate program . The Parties further agree : 1 . Reimbursement of USAC/SLD . If USAC/SLD seeks reimbursement from AT&T of E- Rate funds as a result of Customer' s failure to comply with the E-Rate rules or regulations , including Customer delays in submitting required forms or contracts ; or, if USAC/SLD determines that Services which it had previously approved for discounts are not eligible and funds must be returned (a " ComAd") (other than as the result of AT&T' s failure to comply with the E-Rate requirements) , then Customer shall reimburse AT&T for any such funds AT&T must return to USAC/SLD within ninety (90) days of notice from USAC/SLD seeking reimbursement . In addition , Customer agrees and acknowledges that a determination of ineligibility does not affect the obligations set forth in the Agreement , including those obligations related to payments and early termination fees . 2 . Eligibility of Products and Services. The eligibility or ineligibility of products or services for E- Rate funding is solely the responsibility of the USAC/SLD and/or the FCC . AT&T makes no representations or warranties regarding such eligibility . 3 . Service Substitutions . Customer acknowledges that USAC/SLD funding commitments are based upon the products , services and locations set forth in the Form 471 and that any modification to the products and services and/or the locations at which the products or services are to be installed and/or provided , requires Customer to file a service substitution with USAC/SLD , seeking permission to receive alternative service or receive the service to an alternative location . If Customer intends to make any such service substitutions , then Customer agrees to pursue them , and file any and all requisite documentation , diligently . AT&T will provide Services and Service Components only as approved by the SLD and may suspend activities pending approval of service substitution requests . 4 . Requested Information . If requested , Customer will promptly provide AT&T with final copies of the following E- Rate-related materials (including all attachments) prepared by or for Customer: (i ) Form 471 and Item 21 Attachment ; if appropriate , (ii ) Form 486 ; (iii) Form 500 ; (iv) Service Substitution Request ; (v) Service Certification Form ; and , (vi) Form 472- BEAR . If the Customer issues purchase orders , Customer shall clearly delineate between eligible and non-eligible Services on those orders . 5 . Representations Warranties and Indemnities . Each Party represents and warrants that it has and will comply with all laws and the requirements applicable to the E- Rate Program . In addition to any indemnification obligations set forth in the Agreement and to the extent permitted by law , each Party agrees to indemnify and hold harmless the other Party (its employees , officers , directors and agents , and its parents and affiliates under common control) from and against all third party claims (including FCC or USAC/SLD claims) and related loss , liability , damage and expense (including reasonable attorney' s fees) arising out of the indemnifying Party's violation of the E- Rate Requirements or breach of the representations , warranties , and terms contained in this Attachment . 1 of 3