|
acct
<br /> Special Service Arrangement Agreement
<br /> Case Number FL0B-3607-01
<br /> MaXiMiTiaratg lld n be assessed on ast due inlrai^a ti„i, e@ Company shall not be
<br /> obligated to perform Services hereunder if Customer is in default of any of its obligations under this
<br /> Agreement for any Order. Upon Customer default, Company may suspend or cancel any outstanding,
<br /> unfulfilled Orders without in any way affecting its rights under this Agreement. If Company elects to
<br /> continue performing under any Order, Company's actions shall not constitute a waiver of any default by
<br /> Customer.
<br /> 21 . C ontingencies. Company shall be excused from performance and shall not be liable for any delay or
<br /> damage caused, in whole or in part, by any occurrence beyond the reasonable control either of Company or
<br /> of its subcontractors or suppliers. Such contingencies include, without limitation, war, civil disobedience,
<br /> delay in transportation, failure by suppliers to deliver equipment, governmental action, terrorism, acts of
<br /> any third party, labor dispute, accident, fire, explosion, flood, severe weather or other acts of God, power
<br /> failure, shortage of labor or materials, or discovery of asbestos or other hazardous substance.
<br /> 22. Confidentiality.
<br /> a) Except as set forth in this Section, or as otherwise expressly provided in this Agreement, each
<br /> Party agrees that (a) all information communicated to it by the other and identified and marked as
<br /> "confidential," whether before or after the date hereof, (b) all information identified as
<br /> confidential to which it has access in connection with the Services and (c) this Agreement, all
<br /> associated contract documentation and correspondence, and the parties' rights and obligations
<br /> hereunder (collectively, "Confidential Information"), will be, and will be deemed to have been,
<br /> received in confidence and will be used only for purposes of this Agreement. Each party agrees
<br /> to use the same means it uses to protect its own confidential information, but in no event less than
<br /> reasonable means, to prevent the disclosure and protect the confidentiality of Confidential
<br /> Information. No Confidential Information will be disclosed by the recipient party without the
<br /> prior written consent of the disclosing party; provided, however, that each party may disclose this
<br /> Agreement and any disclosing party' s Confidential Information to those who are employed or
<br /> engaged by the recipient party, its agents or those of its affiliates who have a need to have access
<br /> to such information in connection with their employment or engagement, provided the recipient
<br /> parry notifies such persons of the obligations set forth in this Section and such persons agree in
<br /> writing to abide by such obligations.
<br /> b) The obligations set forth in subsection 22. 1 above will not prevent any party from disclosing
<br /> information that belongs to such party or (a) is already known by the recipient party without an
<br /> obligation of confidentiality other than under this Agreement, (b) is publicly known or becomes
<br /> publicly known through no unauthorized act of the recipient party, (c) is rightfully received from
<br /> a third party, (d) is independently developed without use of the disclosing party's Confidential
<br /> Information or (e) is disclosed without similar restrictions to a third party by the party owning the
<br /> Confidential Information. If Confidential Information is required to be disclosed pursuant to law,
<br /> regulation, tariff or a requirement of a governmental authority, or in connection with an
<br /> arbitration or mediation, such Confidential Information may be disclosed pursuant to such
<br /> requirement so long as the party required to disclose the Confidential Information, to the extent
<br /> possible, provides the disclosing party with timely prior written notice of such requirement and
<br /> coordinates with the disclosing party in an effort to limit the nature and scope of such required
<br /> disclosure. Upon written request at the expiration or termination of an Attachment or order, all
<br /> documented Confidential Information (and all copies thereof) owned by the requesting party (if
<br /> previously received by the terminating party) will be returned to the requesting party or will be
<br /> destroyed, with written certification thereof being given to the requesting party. The provisions
<br /> of this Section shall remain in effect during the term of the Agreement and shall survive the
<br /> Page 5 of 12
<br /> AT&T and Customer Confidential Information
<br />
|