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aW <br />Special Service Arrangement Agreement <br />Case Number FL08-3607-01 <br />Option 1 of 1 <br />6. Hardware not provided by the Company will not be repaired, replaced or maintained by the <br />Company even though interconnected or integral to the Service. All Customer -provided <br />equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees <br />to obtain prior written approval from the Company before additional software is added to the <br />Service and agrees to pay current time and material charges for problems attributable to non - <br />approved software. <br />7. Customer acknowledges that software installation is limited to the applications sold under this <br />or other BellSouth agreements. <br />8. Customer acknowledges that it has reviewed the proposed configuration and represents storage <br />sizing is adequate for the current site operations. Future operational changes or additional storage <br />requirements may necessitate additional equipment which will be billable to the Customer. <br />9. In the event that all or any part of this Agreement is terminated at the Customer's request prior <br />to the expiration of the Agreement term, the Customer will be required to pay the applicable <br />termination charge as stated in this Agreement. The Agreement provisions concerning <br />termination liability shall be inapplicable to any state, county, or municipal governmental entity <br />when there is in effect, as a result of action by such entity and through a duly constituted <br />legislative, administrative, or executive body: <br />1. a statute; <br />2. an ordinance; <br />3. a policy directive; or <br />4. a constitutional provision <br />which restricts or prohibits an additional contractual payment for early termination of a contract <br />by any such entity, or agency thereof, due to an unavailability of funding. When service is being <br />provided and funding to the governmental entity for such service becomes unavailable, the <br />governmental entity may cancel the service without additional payment obligation. Absent any <br />official statute, ordinance, policy directive, or constitutional provision, the Customer shall be <br />responsible for the termination charge. <br />All trademarks or service marks contained herein are the property of the respective owners. <br />END OF ARRANGEMENT AGREEMENT OPTION 1 <br />Page 12 of 12 <br />AT&T and Customer Confidential Information <br />