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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 />