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2008-176
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2008-176
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Last modified
4/4/2016 1:42:34 PM
Creation date
10/1/2015 12:12:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/03/2008
Control Number
2008-176
Agenda Item Number
12.B.1
Entity Name
BellSouth Telecommunications AT&T Florida
Subject
Service Arrangement Agreement
Project Number
FL08-3607-01
Supplemental fields
SmeadsoftID
7053
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Special Service Arrangement Agreement <br /> Case Number FLO8-3607-01 <br /> 14. Risk of Loss or Damage. All risk of loss or damage shall pass to Customer as to each item of equipment <br /> on the date of delivery to the Customer Service location. <br /> 15. geeur4-5Iat€rest--Gustomo grag4s tho r r. f <br /> the Oemaany to 9fen40 @F4Gt the !` .. . <br /> w . <br /> 16. Soft ware License. <br /> a) All software is and will remain the property of Company. Company, with respect to <br /> Company developed software and to the extent authorized under the supplier <br /> licenses, grants to Customer a personal, nontransferable and nonexclusive sublicense <br /> (without the right to further sublicense) to use the software, subject to the following <br /> terms and conditions. <br /> b) Customer shall (i) use the software only in conjunction with the particular Service for which <br /> the software was initially furnished; (ii) use the software solely for Customer's internal <br /> business purposes; (iii) not reverse engineer, decompile, disassemble, reverse translate or <br /> otherwise translate the software into human readable form, nor reproduce the software except <br /> for archival purposes ; (iv) return the software, together with all copies thereof, or with <br /> Company's written consent, destroy (or erase, if recorded on an erasable storage medium) the <br /> software when no longer needed or permitted for use with the Service for which the software <br /> was furnished; and (v) keep in confidence all information relating to software and treat such <br /> information as the exclusive property and trade secret of Company or such suppliers . <br /> c) In addition to the above, where Company' s suppliers require Customer to sign or otherwise <br /> agree to separate licensing provisions directly with the supplier, Customer shall comply with <br /> such licensing provisions. <br /> 17. Changes in Customer Orders. Changes to an order may only be made following agreement of Customer <br /> and Company to the change. Such change would not materially alter the original design, functionality or <br /> implementation date . Appropriate documentation will be required so that additions or deletions may be <br /> recorded and charges or credits issued. The Customer' s ability to delete items from an order or to return <br /> equipment is subject to Company' s ability to return the equipment to the manufacturer. Restocking, <br /> shipping and handling charges will be assessed with respect to any items deleted or returned. <br /> a) Shipping Expedites. Unless otherwise agreed to by the parties in writing, Company will provide <br /> the software and hardware one hundred twenty ( 120) days from the date that this Agreement is <br /> effective. If requested by the Customer, Company will deliver the Service in less than one <br /> hundred twenty ( 120) days provided that the Customer pay reasonable expedite delivery charge <br /> that are incurred by Company. Notice of those charges will be provided after the required <br /> delivery date is determined by the Customer and the Company. <br /> b) Delivery Delays. Customer agrees to reimburse Company for all out-of-pocket expenses incurred <br /> by Company if Service delivery is delayed by Customer. If the implementation is delayed, <br /> through no fault of the Company for ninety (90) days from planned implementation, the <br /> Company will have the option to revise the pricing to the then current rates and to collect all <br /> reasonable out of pocket costs for implementation delays, storage and lost margins from <br /> Customer. <br /> c) Additional equipment. Customer acknowledges that the equipment requirements are based on the <br /> current information provided by the Customer and are the best estimate of Customer and <br /> Company. If additional equipment is required, Company will provide the equipment after the <br /> Page 3 of 12 <br /> AT&T and Customer Confidential Information <br />
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