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Home My WebLink About2007-410 AT&T �£ a `«t 3300 Florida F : 772-466-4425 ��-•/✓ at&t 33D0 Okeechobee Road F: 772-466-5651 �'�*,— • ' Fart Pierce, FL 34947 www.att.com a � o7 - y10 ATTACHMENT A SPECIAL CONSTRUCTION AGREEMENT Authority: 7E856290B Customer Name : Indian River County AT&T Contact: Steve Williams Customer Number: 772-226- 1827 Telephone # : 772-460-4425 Work Site Address : 8405 81h Street Vero Beach, FL. This Special Construction Agreement ("Agreement") is entered into by and between American Telephone and Telegraph ("AT&T") and Indian River County. AT&T and Customer hereby agree to the following terms and conditions : 1 . Tariffs. This Agreement is subject to and controlled by the provisions of AT&T's tariffs including but not limited to Section A5 of the General Subscriber Services Tariff and Section B5 of the Private Line Services Tariff and all such revisions to said tariffs as may be made from time to time. Special Construction. This Agreement is for the special construction as further described on Exhibit 1 , attached hereto and incorporated herein by this reference ("Special Construction') . As consideration for the Special Construction, Customer shall pay to AT&T $11 ,905.05 ("Special Construction Charges"). Payment in full is required before the special construction will begin. Payment shall be made by mail to AT&T's offices at AT&T Payment Remittance Office - Manager Bills, P. O. Box 16649, Atlanta, GA 30321 . 2 . , or to such other address as AT&T may designate, in writing. 3 . Early Termination . Should Customer terminate or cancel this Agreement prior to the completion of construction, Customer shall remain hab'.e f;r the Special Construction Charges. Customer acknowledges and agrees AT&T shall incur substantial up-front costs in connection with its performance under this Agreement and that damages in the event of such early termination or cancellation are not readily ascertainable and that in such event of early termination payment of the Special Construction Charges is reasonable. Customer further acknowledges and agrees that it hereby waives any right to contest such payment of the Special Construction Charges for any reason, including, but not limited to reasonableness of the charges, quality of the work, or timeliness of the work. 4. Limitation of Liability. AT&T' s maximum liability arising in, out of or in any way connected to this Agreement shall be as set forth in the tariffs and in no event shall exceed Special Construction Charges paid by Customer to AT&T. SA s '.,�. ir., a `&t 3AT&T300 Florida T: 772-46 -4425 3300 Okeechobee Road F : 772-4666-5651 Fort Pierce, FL 34947 www.att.com 5 . Severability. Any provision of this Agreement held by a court of competent jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder of this Agreement and the effect thereof shall be confined to the provision so held to be invalid or unenforceable. 6. Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original, but all of which when taken together shall constitute one and the same instrument. 8 . Effect of Waiver. No consent or waiver, express or implied shall be deemed a consent to or waiver of any other breach of the same or any other covenant, condition or duty. 9. Headings. The headings, captions, and arrangements used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 10. Modification. This Agreement constitutes the entire agreement between the parties and can only be changed in a writing or writings executed by both of the parties. Each of the parties forever waives all right to assert that this Agreement was the result of a mistake in law or fact. 11 . Interpretation. The parties agree that this Agreement shall not be interpreted in favor or against either any party. The parties further agree that they entered into this Agreement after conferring with legal counsel, or after having a reasonable opportunity to confer with legal counsel . 12. Applicable Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of—Florida_, without regard to _Florida ' s conflict of law principles. 13 . Attornevs ' fees. If either party materially breaches this Agreement and should the non-breaching party seek to enforce it rights through legal action, the prevailing party shall recover from the other party all costs and expenses incurred, including, but not limited to, reasonable attorneys' fees . 14 . Authority. The signatories to this Agreement represent and warrant that they are duly authorized to execute this Agreement. 15 . No Precedent. Except for the matters resolved and released herein, this Agreement is of no value and shall not be considered precedent for resolving any dispute that may arise in the future. 4 %pef" 0 v . , ,C rp'm ar t AT&T Florida T: 772-460-4425 `OC 3300 Okeechobee Road F: 772-466-5651 Fart Pierce, FL 34947 www.att. com 16. Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL EXPRESSION OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT MAY NOT BE CONTRADICTED BY 17. EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES ; THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES . NO MODIFICATION, RESCISSION, WAIVER, RELEASE OR AMENDMENT OF ANY PROVISION OF THIS AGREEMENT SHALL BE MADE, EXCEPT BY A WRITTEN AGREEMENT SIGNED BY BOTH PARTIES . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative on the dates set forth below. This quote is only valid for 90 days from the date of this letter. [CUSTOMER] AT&T BY: san L ' s BY: _Steve Williams Printed Name Printed Name B BY: 42r� �- thorizo Signature Authorized Signature TITLE: aq;Yin[►Q - - .3 TITLE: OSP Specialist DATE: ! aS � ' T ' .� r� DATE: _November 13 , 2007 cc A ^ APPI4OVED AS TO FORM AND 7GAI. SIJFric1ENEK l BY _ '.ARIAN E . FELL A: 15tANT COUNTY AtrORNEY `tSt9 tdiT}l' Te a'c ��«� AT&T Florida T : 772-460-4425 �( 3300 Okeechobee Road F: 772-466-5651 Fort Pierce, FL 34947 www.att.com EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION Place new cable, terminals, drops, anchors and guys . Remove existing cables and reconnect working lines.