HomeMy WebLinkAbout1992-016 Pricing Agrmt-Centron?a~ephone No.
Agre~ent No.
503-482-3211
CENTRON II SERVICE TERM PRICING AGREEMENT
City of Ashland ("CUSTOMER"), a
organized under the Laws of the State of Oregon &nd U S WEST
COF~UNICATIONS, INC. ('USWC"), a corporation organized under the Laws of the State of Colorado,
hereby enter into this Cen%ron 1I Service Term Pricing Agreement. This Agreement may refer to
CUSTOMER and USWC, together, as the "parties" or, individually, as a p~rt~ to th~ Agre~ent.
WHEREAS, USWC offers a Centron II Service Term Pricing Agreement (hereinafter "Agreement"), which
is provided for in USWC'$ Oregon PUC Tariff No. S, Schedule 101 ("Tariff"), and
WHEREAS, CUSTOMER wi shes to subscribe to the Centron II Service under the Agreement;
NOW, THEREFORE, the parties agree as follows:
1. Should CUSTOMER disconnect all Centron Ii lines under this Agreement prior to the explration
of the initial term, CUSTOMER shall pay a termination charge based upon the initial line level
commltment as stated below, and calculated in accordance wi th the following formula:
Number of Lines x Monthly x Number of Months
at Initial Level Line Rate Remaining in the
Term of Agreement
x 80% = Cancellation Cha~ge
Should the Centron II line rates increase for any reason and CUSTOMER wishes to terminate Centron
II Service, the termination charge will not apply.
59
2. CUSTOMER's initial llne commitment level is projected to be
USWC's records shall document the actual initial number of lines installed.
3. Centron II Service may be provided to one or more locations under this Agreement. The
projected date that the one/initial location will be installed is USWC shall
provide written notice of the actual date Centron II Service is installed at each location. The
term of this Agreement shall be Sixty ({~)) months from the date Centron II Service is
installed at the one/initial location.
4. Renewal of this Agreement shall be subject to the terms, conditions, and prices set forth in
the then current Tariff. In the event that CUSTOMER does not renew prior to expiration of this
Agreement and chooses to retaln Centron II Service, USWC will convert the recurring charges to the
then current month-to-~onth rate.
5. This Agreement and the parties' actions under this Agreement shall comply with all applicable
federal, state, and local laws, rules, regulations, court orders, and governmental agency orders
including the Modification of Final Judgement ("MFJ"), as issued in United States v. Western
Electric Co., et al,, Civil Action No. 82-0192, U. S. District Court for the District of Columbia,
and all subsequent orders issued in or related to that proceeding. This Agreement shall only be
effective when mandatory regulatory filing requirements are met. If a court or a governmental
agency with proper jurisdiction determines that this Agreement, or e provision of this Agreement,
is unlawful, this Agreement, or that provision of this Agreement, shall terminate. If a provision
of this Agreement is so terminated but the parties legally, commercially, and practicably can
continue this Agreeement without the terminated provision, the remainder of this Agreement shall
continue in effect.
MARCH 12, lggl/RC/O185P PAGE 1
SEA-(g) /G
6. Confidential Information includes any business or technical information marked "CONFIDENTIAL
INFORMATION" and exchanged in connection with this Agreement. The parties shall treat such
information as confidential within their respective organizations. The parties shall not dlsclose
Confidentlal Information to any person outside thelr respective organizatlons unless disclosuro is
made in response, or because of an obligation, to any federal, state, or local governmental agency
or court with appropriate Jurisdiction, or to any person properly seeking discovery before any
such agency or court. A party so disclosing Confidential Information shall take steps to obtain
maximum protection for such information under court or agency rules concerning protective orders.
The parties' obligations under this Section sba1] continue for one (]) year foll~ing temination
or expiration of this Agre~ent.
7. In addition to the terms and conditions stated herein, all terms and conditions of the Tariff
shall apply to this Agreement.
City of Ashland
Aut~orl zed Signature
Brian L. Almquist
Name Typed or Printed
City Administ r~to.~_~r//
Title
1/31/92
Date
U S WEST COI~MUNICATIONS, INC.
Auth(~ri zed Signature
N~e Typed or Printed
MARCH 12, 1991/RC/O185P PAGE 2