HomeMy WebLinkAbout2007-189 Agrmt - Qwest
CiTY RECORDER'S COpy
Page 1 / 1
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CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
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VENDOR: 001982
QWEST, WHOLESALE SERVICES
POBOX 856184
LOUISVILLE, KY 40285-6184
SHIP TO: Ashland Fiber Network
(541) 488-5354
90 N. MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speclallnst:
Req. No.:
Dept.: IT
Contact: Joe Franell
Confirming? No
THIS IS A REVISED PURCHASE ORDER
Internet Bandwidth Services
Dedicated Internet access account
#62800974 - Initial contract term
fulfilled, services are now month to
month and may be disconnected without
termination liability. (Per Joni's
email 8/9/2007). Purchase order has
been requested for three additional
months (AuQ, Sept, Oct) @ $6,520 per
month.
19,560.00
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
1
~ ~ '-'~ 1- ?:~7
AU~rized SIgnature
VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
CITY Of
ASHLAND
Date of Request:
THIS REQUEST IS A:
D Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Address:
City, State, Zip:
Telephone Number
Fax Number
Contact Name
Qwest Wholesale Services
PO Box 856184
Louisville, KY 40285-6184
888-496-7447
SOLICITATION PROCESS
Small Procurement X Sole Source o Invitation to Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Not required)
CooDeratlve Procurement Reauest for ProDOsal
o State of ORmA contract (Copies on file)
Intermediate Procurement o Other govemment agency contract o SDec1a11 ExemDt AMC 2.50.070 (S)
0 0 Copy of contract attached o Written findings attached
o Emeraencv
0 Contract # o Written findings attached
Description of SERVICES
tZ:e~~~ .f 6(~,,0 1 f>D 07 I ~ 0
D Internet Bandwidth Services. Extension of existing service needed. Three months (Aug
Oct at $e99Q.O() a month.
t( of MATERIALS
Item # Quantity Unit
De
D Per attached QUOTE
Project Number ______. ___
Account Number 691.02.47.00.601400
· Items and services must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accuretely.
E;I signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
(3nd the documentation can be p ided pon request. ~ ~
EmplQyee Signature: Supervisor/Dept. Head Signa . . ~
David Martin Jo
G: FinanceIProcedurelAPlFormslQwestbandwklth..doc
Upda\ed on: 8I3l2OO7
IC I
Infonnation Technology Department
90 North Mountain Avenue
Ashland, Oregon 97520
(800) 735-2900
City of Ashland
Memo
To: Finance Department
From:Joseph Franell
CC:
Date: 8/9/2007
Re: Purchase Order for continuation of Qwest Services
This is to cover month to month payment for extension of existing service until
Qwest completes installation of new serVice in AFN Headend. Current
completion date provided b Qwest is September 15th.
1
n- I
Kari Olson - FW: 62800974
Page 11
From:
To:
Date:
Subject:
"Joni Mantle" <jonLmantle@ncanet.com>
"Kari Olson" <kari@ashland.or.us>
8/9/2007 11 :27:08 AM
FW:62800974
Joni D. Mantle
Owest Certified Strategic Partner, NCA
1-800-866-8508
503-620-9442
fax 503-213-7622
jmantle@ncanet.com
-----Original Message-----
From: Joni Mantle
Sent: Thursday, August 09,200711 :21 AM
To: David Martin
Subject: FW: 62800974
Wanted to be sure I had forwarded this to you
-;:>
~~ r ~ ~
tt!!'~- CJ '9 - 0 7
8~-c~~n ~~~S
~ ~t:I-^~<' h~~
7/26/07 it auto renewed because it says now 7/26/09...but they have L _ L ~~ ~ ,c ~ AJ?
fulfilled their commit of the two year contract this year, so the ~ l!.. A.. k; ~
account may be disconnected without termination liability ~ ~ -+t.. V r e:t ~~ ~ ~
4AA..~!A-L!L.d'L~
~Ju ~U t9,e~~
~u -~ 'hV h-~ /"U""1'
d---.-~~~U-r a.~'r~u~~
?~ -St'?AJ~.
Dedicated Internet access account 62800974
~?"
Contract commitment has been fulfilled.
-----Original Message-----
From: Novell Eckstrom [mailto:novell.eckstrom@ncanet.com]
Sent: Friday, August 03, 2007 8:42 AM
Subject: FW: 62800974
What is the end date of the OT A contract for this customer (Acct
62800974). Customer is City of Ashland.
Novell
-----Original Message-----
From: Joni Mantle
Sent: Thursday, August 02, 2007 5:20 PM
To: Novell Eckstrom; 'martind@ashland.or.us'
Subject: 62800974
Would you confirm the official end date of this OTA DIA contract and
send to David Martin? He is going to be disconnecting and needs to
confirm the end date _ sent from a blackberry wireless device.
This communication is the property of Owest and may contain confidential
or
privileged information. Unauthorized use of this communication is
Kari Olson - FVV: 62800974
Page 2 t
strictly ,
prohibited and may be unlawful. If you have received this communication
in error, please immediately notify the sender by reply e-mail and
destroy
all copies of the communication and any attachments.
Page 1 / 1
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CITY OJ:
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
r=1r
VENDOR: 001982
aWEST, WHOLESALE SERVICES
POBOX 856184
LOUISVILLE, KY 40285-6184
SHIP TO: Ashland Fiber Network
(541) 488-5354
90 N. MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Special inst:
Req. No.:
Dept.: IT
Contact: Joe Franell
Confirming? No
~----/-
Internet Bandwidth Services
Extension of existinQ services
Three months (AuQ, Sept, Oct) @ $6,900
per month.
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BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
Authorized Signature
VENDOR COpy
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CITY OF
ASHLAND
20 E MAIN ST,
ASHLAND, OR 97520
(541) 488-5300
Page 1 /1
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7/21/2005
VENDOR: 001982
aWEST, COMMERCIAL SERVICES
POBOX 856169
LOUISVILLE, KY 40285
SHIP TO: Ashland Fiber Network
(541) 488-5354
90 N. MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date: 7/112005
Speclallnst:
Req. No.:
Oepl: IT
Contact: Richard Holbo
Confirming? No
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND. OR 97520
Or7'-r(;::,< ~~ ~
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Autho;L Signature /' ~
VENDOR COpy
,.
THIS REQUEST IS A:
o Change Order(exlsting PO #
:\ '<-A e L- ~
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IN: - ;;<- B
CITY or
ASHLAND
A requ.!st for a Purchase Order
RE~UISITION FORM
Date of Request:
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Required Date of Delivery/Service:
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Vendor Name
Addl'lll
City, State, Zip
Telephone Number
FIX Number
Contact Name
Qw '€.5\
I-It (IY
ucnATlO.piIDcIIa
~. Procul'lllllll'lt
Less than $5,000
o Quotes (Not required)
80Ie Soun:e
o Written findings attached
InvIatIon to BId
(CopIes on file)
ReaUllt for PI'OIIOIII
(CopIes on file)
Saec:IaI , EDmDt
Written fllK.I!'lls attached
Em8""lnev
o Written findings atta:hed
~1Ita Procul'lllllll'lt
(3) Wrltten Quotes
(CopIes attached)
CooDeraIIve ProcuI"8lMllt
o Stale ct ORIWA contract
o Other government agency contract
o Copy of contract attached
o Contract #
of _RVlca
'D5 ~ '....,.TE~N~'T ~E~" \cE.
Per attached PROPOSAL
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Item " Quantity Unit
............ of IlATDIAU
6~ZO .r~ t'^C~ri JfSm
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j)5'5 LD ~L UJO
Unit Price Total Coat
Project Number______"___ erO -"> 0 ~
bOll/Ill ;gg~g~~Ol7 -70'{$
Account Number ___" __" __" __" ______
"Items 8IId aeMces must be charged to the appropriate account numbers for the financisls to reIIect the actual expenditures accurately.
r>>--Ptr IltachlCl QUOTE
By signing this requisition fonn, I certify that the ;,fotmation provided above meets the City of Ash/end public contiacting l8quif8lrJ8l1ts,
and the documentation CIJ'J be plO~ 'F'.l8CIuesf.
EmpIoyoo S1gnllllro: ~A 1JIt~ SuporvIlOI1Il\IpI. Hood 81.".....: ~.:1~,~
. G: FNnce\Proc:edurIAPlFonnl\8~ bin 18V11ed.doc
UpdatIld on: 6I15flOO5
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
September 15, 2005
AFN must purchase Internet Bandwidth in order to provide high speed internet data services to our customers. AFNs current
bandwidth needs are in excess of 70 Mbits per month.
We currently purchase 30 Mbits from Hunter Communications at $1 OO/Mbit or $3,000 per month which is transmitted over the
existing AFN owned fiber line that runs from Ashland to Medford.
Lee Tuneberg, Finance Director
Richard Holbo, Telecommunications Engineer
Written Flndlnas - QWEST. Internet Bandwidth and Local LOaD Connection
The remaining 45 Mbits of Internet Bandwidth that is required to meet our current needs is purchased from Qwest for
$78.22IMbit which is received over a DS3 local loop connection that tenninates directly in the AFN headend (AFN network
control room).
There are several sources for Internet Bandwidth; but, Owesfs DS3 local loop connection is the only other practical means of
transmitting Internet Bandwidth directly to the AFN headend. Other companies could provide internet bandwidth via Qwest's
local loop connection; however, we feel it Is in the City best interest at this time to negotiate direcUy with Owest for the
additional DS31oca1100p connection (separate transmission line terminating direcUy in the AFN headend), including Internet
Bandwidth.
The Owest DS31ocalloop connection provides network redundancy - secondary coverage - H there is an internet outage
across the AFN fiber line from Ashland to Medford.
Purchasing Internet Bandwidth from two sources and having two completely separate means of receiving the Internet
Bandwidth being transmitted to the AFN headend allows us to have greater control and network reliability. .'
Public contracts for Internet Bandwidth are exempt from the competitive process; however, we did request quotes from
several suppliers for Intemet Bandwidth. Owest was the lowest bidder at $78.22IMbit and Hunter Communications was the
second lowest bidder at $100lMbit. We feel strongly at this time that it is in the City's best interest to have two sources for
Internet Bandwidth.
The Owest DS310caJ loop connection is $3,000 per month, $36,000 per year. For a business the size of AFN; It is a standard
practioe In the industry to have a minimum of 2.3 separate isolated transmission lines. The Qwest DS31ine is located
underground and the AFN fiber line to Medford is located overhead. In the recent past, a fire in Medford destroyed the AFN
fiber overhead line, and we had the Owest DS3 local loop underground connection to continue providing high speed intemet
and data services. We feel strongly at this time that the City must have a minimum of two means of receiving Internet
Bandwidth.
Ashland Fiber Network
90 N. Mounllln AV8IlUe
AshI8ncl, 0r8g0n 87520
WWW.ashllnd.or.us
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Qwest.
Business
Partner
Program
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Date: 6/29/2005
Letter of Agency
--
-----
~I C -(--
.C'" t!' .;< c....~ Ii
e:..
To: Qwest Communications
From: Network Computing Architects, Inc.
5558 SE International Way
Portland, OR 97222
Please be advised that we, Ashland Fiber Network, have entered Into an agreement with Network
Computing Architects, Inc., 5558 Se International Way, PorUand, OR to operate as our agent with
Qwest Communications for the purpose of managing our communications selVices at Ashland Fiber
Network.
This Letter of Agency ,LOAj hereby authorizes Network Computing Architects, Inc. to ad as our
agent for the purpose of ordering, coordinating, discussing and arranging communications services
and specifically authorizes release of all customer records to Netwol1t COmputing Architects. Inc.,
Including but not limited to billing records, selVices records, and networ1t and equipment records.
We accept full responsibility for all authorized orders placed by our authorized agent with Qwest
COOVnunlcations on our behalf.
This LOA will become effective on 6J29/2005 and will remain In effect for a period of one year
unless revoked in writing prior to that date. This does not preclude our ability to act In our own
behalf when we deem It necessary. Any questions relating to this matter may be directed to Joni
Mantle 503-620-944~/
7~re
Ashland Fiber Networt
90 N. Mountain, Ashland t OR 97520
P8rtner (lndlClted move) IIId Qwest CommW'l1cllions 19"10 protect CUstomer ProprIetary Network Information (CPNI) on
behalf cl our joint CUstomer (Indlcaled above).
,
"
Qwest Communications
Quote Summary for. ,L,SHLAND FIBER NETWORK DS3 LOCAL LOOP
Cl!IateD:~s
~ D*:fI28I2OO6
. Type: iQ Networtcing -Internet Port (Special Access)
NPAINXX: 541482
Servlce: Non-R8lII TIme
AVilIIabIe: V_
CIrcuIt-=1
Tena2 Yew
NRC:
$31
~
OuotETotals~~
Quote Details for CIrcuit # 1
Quote 1):06280553&555
Quote DlD:fI28I2OO6
Aa:eaType:1Q NelwoltdIIlI-lnlemIC Port (Spec:illII Accea)
$erYIce: Non-R8lII T_
AvaJable:Y_
lI'Grt~44736
.:;:~,;:~ 2 V.,.
'~;".~<':,?":-'~'.:];...;--:. ,.
:;~~t 2:'~<XR'CRAmN-,",
POP r.':"p {tJtt. c," ~CCt:S5 F-c.nq InfcrmJtlon
...~
Teico:QWEST CORPORATION - OR
QI.y:
~OR
CUJ code:MlFDOR33
V~7503
.' :'(~sw&;':o~:
SpECIal ACCESS (loop) Rates
.~..=
',';-, - . .~..C~
1" . " i".>-~...~
Terms mid Conditions
n.o aklIln: ~ iIr 4S u,. fna tho '<kic. Qaato DItc' fCJUllllialbc foal<< of..lIocamaIl.... Ill... will lie wrifiallly Q.- CIlIIcr
'*Y d Ibc am. a Scrvico 0rcI<<.~
Tbr: ~pricias ia IIuad lID'" cam:alU1.C ~.... tbr: -.ocUtod St-ial "- Tlriffatc........ MJ IpCCiIl ~
nlqIIirai wiIl__1bceo dIarp. Qwat will cbqo _ .wm-l..ably....m.a dIarp (MRC) ilea-A (c.- PnwiIIaI AlI:ccIa).
'I1aia dIarp ilia P- fix' ~ tIna&h ()c'192 -we. -.I ... to lie applied to allow Q..- to Ia:GIIp CIlIIl's.-ialcd willa capital
~ for ___ &ciIiIieL 'I1aia cIIqe ___lie waMd..
Qwat &p.. ~ In: __ cIiaibIe fiIr.... prcIIDCItiDMl priciaa..
$ 3,000
$313
$3.000.$313
#~--
Customer Sipaturc
Qwest Rep. SigDaIure
Date Sipcd
Quote ID:06280SS36SSS
Quote Oria. Duo: 6f28I2OOS
Page 1 ofl
i.
ride the light '
Qwest~.
QWEST TOTAL ADVANTAGE
QC Record Order Request Fonn
This Form Is Used To Request Record OrclelS to QC Accounts That
Will Contribute Towards A Qwest Total Advantage Agreement
Order Date:
Sales ReplPartner.
10: 89NF
Sales Su rtlPartner.
Sales Channel: QBPP
Related QCC Order #
, Name: Joni Mantle Phone: 503-620-9442 E-Mail: jmantle@ncanet.com
Sales
Name:
Phone:
E-Mail:
Sales 10:
X Yes
No
ORDER DETAIL
Attention Order Entry:
Please add the TACC FID and associated Discount Grou Number to the above accounts.
Submit the Fonn to Your Designated QC Order Entry Center E~ail Box.
Page 1 of1
12111104
QWEST TOTAL ADVANTAG~ AGREEMENT - OM
MONTHLY ASSESSMENT
This Qwest Total Advantage Agreement ("Agreement") is belween Qwest Communications Corporation rawest" or "QCC") and
Ashl.a~ Fiber Network ("Customer") and Is effective on the date Qwest signs it ("Effective Date"). Customer's current address,
faCSImile n~, and person designated for notices are: . Capitalized terms in this Agreement are defined where they appear or
In the Definitions Section. The offer contained in this document is only valid through Friday, August 12, 2005, and wiR expire if
Customer does not execute and deliver the Agreement to Qwest on or before that date.
CUSTOMER: ASHLAND RBER NETWORK
~~
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,
QWEST COMMUNICATIONS CORPORATION
By:
Name:
TIUe:
Date:
By:
Name:
TiUe:
Date:
COMMITMENT"E~TES
Customer's "Revenue Commitment" and "Initial Term" are: $5,OOOIMonth; Two Year (190052). Starting three months after the Effective
Date, Customer's aggregate Contributory Charges must equal or exceed the Revenue Convnitment during each Measurement Period.
"Contributory Charges" means: (a) all MRCs and usage charges for QCC Contributory Services ordered under this Agreemert after the
Effec:tive Date and incurred during the Term; (b) .1 URes and usage charges tor ac Ccriributory Services, alA Conlributory Services,
Qwest Wireless Contributory Service, QCC Logie-. IIfld QCC Keynote Perspective_ ordered before or after the Effective Date under
separate agreements and Incurred during the Term; and (c) SeMce cancellltion charges imposed by Qwest and paid by Customer.
Qwest will provide ServIces at the rates and QTA Discount associated with the then cunent Term and Revenue Commitment as set
forth in a Service &hlbit or if not set forth in a SeMce Exhibit, It the rates desalted in this Agreement
SERVICES ORDERED UNDER THIS AGREEMENT
Qwest win provide, and Customer will purchase, the servIc:es ("Services") checked below (if necessary) and desc:r1bed in anyappiicable
service description and/or rate schedule attached hereto as an exhibit rSeNice Exhibir).
.. QCC Contributory Services. The following "ace Contributory Services" may be purchased under this Agreement
o Voice and Data Services Pricing Exhibit (The Services described in this pricing exhibit will be offered in accordance with the
Agreement and such exhibit Except as provided in this pricing exhibit and the other exhibits listed below, other ace Voice and Data
Services may be purchased at any time under this Agreement without attaching additional Service Exhibits. Those Services are:
Domestic ATM. domestic Frame Relay. domestic Private Une. domestic Audio Conferencing, domestic Outbound Long
Distance, domestic ToU~ree, domestic VNS vok:e services. international voice, worIdcarcf. and Directory Services)
o Remote Access 0 Private Routed Network ("PRN") 0 OneRexTII Hosted VoIP
o Domestic Qwest lQ NetworIdngTII 0 Domestic Networit Diversity. 0 Metro Private Une
o Domestic and International Qwest lQ Networtdng TII 0 Intrusion Delec:tion 0 Integrated Management
o Qwest Web Contact Center (.QWCC") 0 Perimeter Check 0 International Pri'llde Une
o QWCC Carrier Neutral Option 0 Dedicated Haatlng 0 InternatIonIII Frame Relay
o Custom Support ServIces for Hosted Systems 0 Managed Hosting (..quires 0 International ATM
o QWCC AppIIcatIoiI Development Dedic8led Hosting) 0 Metropal'" 0pticIII
o Managed SecurIty and Flrewall- VPN 0 Storage Ethernet
o Anti-VlruslAnti-Spam 0 OneFlexllllnlllgrated Access 0 Q Routing1ll
o QWave PrIvate Une 0 Secure RemaIe Access
n. Miscellaneous Service. The following miscelB1eoUS Service may be purchased under this Agreement. but is not a Contributory
Charge:
(81 Local ADcessttl (Unless the Local Access SeNices box is checked and the related Service Exhibit is attached to this Agreement,
Customer will be solely responsible for ordering all local access.)
# May only be purchased if at least one of the following is also purchased: domestic ATM, domestic Frame R~lay, dedicated domestic
Outbound I Inbound Long Distance, Qwest ia Networking (Internet Ports only). PRN, and/or Local/v::cess Services.
tI# May only be purchased If at least one of the foIowing Is also purchased: Voice and Data, Qwest IQ Nelwortclng, and/or PRN
Services. .
Q.ADVAN FE
Page 1
--..------.
Copyright 0 2005 Qwest /II Rights ~~;
,
H I
aWEST TOTAL ADVANTAGE- AGREEMENT - DM
1. ServiceS. The description, monthly recuning charges (OMRCs"), nonrecuning charges ("NRCs"), usage charges, service level
agreement, minimum service term and cancellation charges for a Service are set forth in the: (a) Service Exhibit for any SeMce
ordered under a Service Exhibit; (b) Services Schedules for interstate and international Voice and Data Services; (e) Tariff for intrastate
Voice and Data Services; andfor (d) Order Form for any Service, if applicable. Customer represents and warrants that It is not a
reseller and will not resell the Services.
2. Te~. The In~1 Term is set f~ in the ~ColN'llitmenVTennlRates" Section on the signature page of this Agreement M. the end of
the Initial Term, thiS Agreement Will automatically renew under the same terms for consecutive renewal periods equal to the Initial Term
(a "Renewal Term"). The Initial Term and each Renewal Term are referred to as the oT erm." Either party may terminate this Agreement
by providing written notice of termination to the o1her party at least 60 days prior to the expiration of the then current Term. If Customer
terrninat~ this Agreement under this Section before the expiration of any individual service term for a particular Service, the applicable
cancellation charge for the Service will apply.
3. Revenue Commitment. Customer authorizes Qwest, its Affiliates, or its agents to use billing information to measure Custorne(s
Revenue Commitment. If Customer fails to meet its Revenue Commitment, Customer, upon the request of Qwest, must pay Qwest a
Shortfall charge. Contributory Charges for a particular Measurement Period will not be used to meet the Revenue Convnitment in
another Measurement Period. Contributory Charges are calculated using the rates before the application of discounts unless this
Agreement expressly provides otherwise. Contributory Charges do not include local access, third party provider, pass-through, CPE,
and uncollectible charges; NRCs; Taxes; Audio Conferencing advanced feature charges; wor1dcard payphone surcharges; other
surcharges; Issued credits; or other charges not specified as Contributory Charges under this Agreement.
4. payment. Customer must pay Qwest all charges within 30 days from the invoice date. Any amount not paid when due wiU be
subject to late irterest at the lesser of the rate of 1%% per month or the highest rate pennltted by applicable law. Customer must also
pay Qwest any applicable Taxes assessed in connection with Customer's SeMces. Qwest may in Is sole discretion modify the
payment terms or require other reasonable assurance of payment if Customer has failed to pay any invoice when due or there is a
material and adverse change In CUstomer's financial condition.
5. Disclaimer d Warranties. EXCEPT AS MAY BE SPECIFlCAU. Y SET FORTH IN THIS AGREEMENT OR IN A SERVICE
EXHIBIT, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, BTHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE. NONINFRINGEMENT, MERCHANTABIUTY OR ATNESS FOR A PARTICUlAR
PURPOSE. NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES, AGENTS, OR CONTRACTORS OR 1li8R
RESPECTIVE EMPLOYEES WIll CREATE Nl'( WARRNffY. CUSTOMER ASSUMES TOTAl RESPONSIBIUTY FOR USE OF
THE SERVICES AND THE INTERN~ AND ACCESSES THE SAME AT ITS CJNN RISK. OWEST EXERCISES NO CONTROL
OVER AND DISClAIMS ANY RESPONSIBIUTY FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET.
OWEST DISClAIMS: (A) ANY L1ABIUTY FOR LOSS, DAMAGE, OR INJURY TO ANY PARTY ftS A RESULT OF ANY CPE
DEFECTS; AND (B) AU. WARRANTIES FOR CPE.
6. umltation d LIability.
(a) NEITHER PARTY, ITS AFFILIATES, AGENTS OR CONTRACTORS WIll BE UABLE FOR N~Y INDIRECT, INCIDENTAL.
SPECIAL, RElIANCE, PUNITIVE, OR CONSEQUENTIAl DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST
DATA OR COSTS OF COVER RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY
UNDER WHICH SUCH UABlLITY IS ASSERTED. WITH REGARD TO ANY SERVICE RELATED ClAIM BY CUSTOMER FOR
DAMAGES THAT IS NOT UMITED BY THE PRECEDING SENTENCE, CUSTOMER'S EXCLUSIVE REMEDIES FOR SUCH ClAIM
WlU- BE LIMITED TO: (A) THOSE REMEDIES SET FORTH IN THE APPLICABLE SERVICE lEVEL AGREEMENT; OR (B) IF NO
SERVICE LEVEL AGREEMENT APPLIES TO THE AFFECTED SERVICE, THE TOTAL MRCS OR USAGE cHARGES PAID BY
CUSTOMER TO ONEST FOR THE AFFECTED SERVICE IN THE ONE MONTH IMMEDIATa. Y PRECEDING THE OCCURRENCE
OF THE EVENT GIVING RISE TO THE CLAIM. EACH PARTY'S TOTAL AGGREGATE UABIUTY ARISING FROM OR RELATED TO
THIS AGREEMENT WIll NOT EXCEED THE TOTAL MRCS AND USAGE CHARGES PAID BY CUSTOMER TO OWEST UNDER
THIS AGREEMENT IN THE THREE MONTHS IMMEDIATa. Y PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO
THE ClAIM rDAMAGE CAP"). Notwithstanding the foregoing, the limitation of liability In this Section and the Damage Cap will net
apply to: (e) a party's indemnlficationobligations; and (d) Customer's payment obligation for aU charges under this Agreement. Indudlng
withoUt \imItatiOn, SeMce charges, Taxes, Interest, ShortfaD charges, Earty Termination Charges, and Service cancellation charges.
(b) Any dam or displte out of or relating to this Agreement roost be brought within two years after the cause of action arises.
7. penonallnJury, Death, and Property Damage. Each party will be responsible for the actual, physical damages It dir'ec:tly causes
to the other party In the course of its performance under this Agreement, limited to damages resulting from personal injury or death ~ a
party's employees (if not covered under appUcabIe wor1ters' compensation laws) and loss or da!fl8ge. to a party's ~I.ta~lble
property arising from the negligent acts or omissiOnS of the liable party. Damages under this Section WID be subject to the Imitation of
1iabi'1ty in this Agreement but not the Damage Cap.
8. Indemnification. Each party will defend and indemnify the other party, its Affiliates, agents. and contractors against an third party
claims, Iiabll6eS, costs. and expenses, including reasonable attorneys' fees. involving personal Injury or death to. persons or ~ or
damage to personal tangible property resulting tom the gross negligence or wiDfuI misconduct of the indemnifying party. prcMded,
however, the foregoing indemnification will not apply to any claims made by employees that ant covered under appl"lC8bIe workerS'
compensation laws. FurthermOl'8, Customer wit defend and Indemnify Qwest. its Alliliates, agents, and contractors against all third
party claims. IIablities. costs, and expenses, induding reasonable attomeys' fees, arising from or related to the use, modification or
resale of the ServIces by Customer or End Users, including any violation of the AUP.
9. Voice and DIta ServIceS. This Section applies solely to Voice and Data ServIces.
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(a) ServIces Schedule; TarifI. The Services Schedule and Tari1fs applicable to Voice and Data Services are incorporated into this
Agreement by reference and made a part of this Agreement. Qwest may change the Services Schedule or a Tariff at any time and
such change will be effective upon being posted in the Services Schedule or included in the Tariff. Customer represents and warrants
that ~s of the Effective Date, ~stomer has accessed, read, and understands the Services Schedule. Customer represents that it has
receIVed from a Qwest competitor an offer comparable to the offer in this Agreement for the Voice and Data Services.
(b) CPN!. .~ will have access to certain CPNI. Under federal law, Customer has a right to, and Qwest has a duty to protect, the
confidentiality of CPNI. CPNI may be useful to talor services to Customer and to enhance Qwest's ability to meet Customer's needs.
Customer expressly authorizes Qwest, its Affiliates, or its sales representatives to use CPNI to detennine if Customer could benefit
from other services offered by Qwest and its Affiliates, and market them to Customer. Customer may withdraw its authorization at any
time by informing Qwest In writing. Any such withdrawal will not affect the quality of Service provided hereunder.
10. AUP. This Section applies solely to Intemet Services. All use of the Internet Services will comply \Wh the Qwest Acceptable Use
Policy (.AUp.), which is posted at httD:llwww.awest.comIIeaall. The AUP is incorporated by reference and made a part of this
Agreement. Qwest may change the AUP at any time and such change will be effective upon posting to the website. Customer
represents and warrants that as of the Effective Date, Customer has accessed, read, and understands the AUP.
11. Tennlnation. Customer may terminate: (a) a Service in accordance with the applicable service level agreement, Service Exhibit,
Services Schedule or Tariff, or (b) this Agreement for Cause; provided that for Service related claims, CaUSe exists VttIere there is
cause to terminate all or substantiaDy aD of the Services (pursuant to subsection (a)). Qwest may (c) suspend aU or any part of the
Services and/or terminate this Agreement for Cause or (d) immediately suspend an Irternet Service for any violation of the AUP.
Customer wi remain liable for charges acaued but unpaid as of the termination date. If, prior to the conclusion of the Term, this
Agreement Is terminated either by Qwest for Cause or by Customer for any reason other than Cause, then Customer will also be liable
for: (e) an Early Termination Charge; (f)Service cancellation charges that apply when this Agreement is terminated before the
expiration of the Individual seMce term for that ServIce; and (g) cancelation cla'ges Incured by Qwest from any third party provider.
12. Confidentiality; Publicl;y. Neither party wiD, without the prior wrIten consent of the other party: (a> Issue any public
announcement regarding, or make any other disclosure of the terms of, this Agreement or use the name or maries of the oIher party or
its Al'filiates; or (b) disc:lose or use (except as expressly pennitted by, or required to achieve the purposes of, this Agreement) the
Confidential Information of the other party. Such consent may only be given on behalf of Qwest by its Legal Department. A party may
disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding
to estabUsh rights or obligations under this Agreement, provided that the disclosing party gives the nolHSiscIosing party reasonable prior
written notice.
13. Dispute Resolution; Governing Law. Any dispute arising out of, or relating to, this Agreement will be settled by arbitration to be
conducted In accordance with the Judicial Arbitration and Mediation Services r JAMS.) Comprehensive Arbitration Rules. The Federal
Arbitration Ad., 9 U.S.C. Sections 1-16, not state law, will govern the arbitrability of dispWts. This Agreement will otherwise be
governed by the laws of the State of New York without regard to its choice of law principles; provided, however, the Voice and Data
Services will also be subject to the Communications Ad. of 1934, as amended. The costs of the arbitration, including the arbitrator's
fees, will be shared equally by the parties; provided, however, that each party will bear the cost of preparing and presenting its own
claims and/or defenses (incluclng its own attorneys' fees). The venue for arbitration will be designated by the party not initiating the
action \Wh the exception of ....y biDing collection disputes, which win be conducted in a location designated by Qwest or Denver,
Colorado. The venue location designated must be in a metropolitan area in which JAMS offers Is dispute resolution services. A single
arbitrator engaged in the practice of law, who is knowledgeable abed the subject matter of this Agreement, will conduct the arbib'ation.
The arbitrator Is bound to apply and enforce the terms of this Agreement. The arbitrator's decision will be final, binding, and
enforceable In a court of COf11Mllent jurisck:tion. If a party is required to enforce compliance with this Section (including nonpayment of
an award), then the noncomplying party must reimburse all of the costs and expenses incurred by the party seeking such enforcement
(including reasonable attomeys' fees).
14. Notices.
(a) Required Notices. Except as otherwise provided herein, al required notices must be in wriing and sent to Qwest at 1801
Callfomla Street, Suite 900, Denver, Colorado 80202; Facsimile'#: (888) 718-0054; Attn.: Legal Department, and to Customer at its
then current address as reftected in Qwest's records; Attn.: General Counsel or other person designaled for notices. Except as
otherwise provided herein, al notices wil be deemed given: (i) when delivered in person to the recipient named above; (i1) three
business days after deiivered via regular U.S. Mail; (IU) when delivered via overnight courier mai~ or (Iv) when delivered by facsimile so
long as duplicate notification is also sent in the manner set forth in subsection (i).
(b) Service Termination NotIces. Customer's notice of termination for Services must be sent via mail, facsimile or e-mail to: Qwest,
Attn.: Dublin Service Center, GBM Disconnects, 6000 Parkwood Place, fI' Roor Discomect. Center, Dublin, OH 43017 FAX:
866.887.6633, e-mail: GBMdisconnectsCawest.com.
15. Gener". Customer may not assign this Agreement or any of Is rights or obligations under this Agreement without the prior written
consent of Qwest, which consent will not be unreasonably withheld. This Agreement is intended solely for Qwest and ~er and it
wiD not benefit or be enforceable by any oCher person or entity, including without limitation, End Users. If my term of thIS Agreement Is
held unenforceable, such term will be cons1rued as nearty as possIM to reflect the originallrUnt of the parties and the remaining terms
wi. remain In effect Neither party's faUwe to Insist upon JtrIct performance of any provision of this Agreement wiD be construed as a
waiver of any of Its rights hereunder; provided, however, If Custom<< fails to comply with the timelines in . service level agreement for
claiming Is rights to cnd"d: and/or termination, CUstomer wiD be deemed to have waived such rights. AI terms of this Agreement that
should by their nature survive the termination of this Agreement wiI &0 survive.. In the event of a conflict in any term d any documents
Q.ADVAN FE Page 3 Copydgtt 0 2005 Qwest AD R~ R~;
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QWEST TOTAL ADVANTA~ AGREEMENT - OM
belOW do not indIJde any costs associated with local access or CPE. aU of which are additional. ~rrent rates win apply when the
Agreement renews.
4.2 Other Pricing. Customer may also order mail boxes and Mail Bagging with Internet Ports and/or Enhanced Ports. Mail boxes are
sold in blocks of 10 email addresses. If Customer orders mail boxes. a $20.00 MRC per each block of 10 email boxes will apply. "Mail
Bagging" is the process of storing ernails when Customer's primary mail SefVer goes down. Qwest will automatically attempt to send
any stored emails to customer for up to 72 hours. If Customer orders Mail Bagging, a $50.00 MRC per Port wiD apply.
4.3 Miscellaneous. Qwest reserves the right to modify the rates and charges or change certain components of the SeMces upon not
less than 60 days prior written notice to Customer; provided that Qwest may reduce the foregoing notice period, as necessary, if such
modification is based upon Regulatory Activity. "Regulatory Activity" means any regulation andfor ruling. induding modifications
thereto, by any regulatory agency, legislative body or court of competent jurisdiction.
5. Pricing Methodologies. Customer understands that it cannot order. pursuant to this Service Exhibit: (a) Service with a bandwiclh
greater than OC-3, (b) Service which uses the Data Transfer pricing methodology, or (c) Intemational Service. If Customer wishes to
order any such Services, Customer must execute a written amendmert to the Agreement and this SeMce Exhibit.
5.1 Flat Rate. The Rat Rate pricing methodology biBs Customer a fixed MRC regardless of Customer's actual bandwidth utilization.
5.2 Tiered. The Tiered pricing methodology caps Customer's bandvMth at the tier specified on an Order Form and bills the Customer a
fixed MRC based on that bandwidth tier regardless of Customer's actual bandwidth utilization.
(a) No more than once per month, Customer may change Its specific Bandwidth tier (e.g., 192 Kbps to 384 Kbps, 384 Kbps to 256
Kbps. etc.) within the applicable Port classification (e.g., OS1, OS3, etc.), provided that Customer may not change its bendwiclh tom
one Port dassification to another (e.g.. DS1 to DS3~
5.3 Precise Burstable. Usage samples are taken f!Nf!IlY five minutes throughout the month. Only one sampM Is captured for each five-
minute period, even though there are actually two s;mpIes taken; one for inbQund utilization and one for outbound .aization. The
higher of these two figures Is retained. At. the end d the blling period, the samples are ordered from highest to lowest. The result Is a
database of over 8,000 samples. The top 5% of the samples (representing the top 5% of usage levels) are discarded. The highest
remaining sample Is used to calculate the usage level. This Is the 95th percentile of peak usage. For each Precise Burstable Port
ordered hereunder, Customer will pay an MRC calculated by multiplying Customer's 95th percentile of peak usage in a given ~ by
the applicable MRC per Mbps.
(a) Within each Precise Burstable Port dassification (e.g., 051, 053, etc.), Customer will be subject to the minimum usage amount set
forth in the column heading of the appUcable Precise Burstable pricing table ("Precise Burslable Mininum"). Customer wiD be billed the
greater of the Precise Burstable Minimum or the actual charges based upon its 95th percentile of peak usage.
6. Pricing Tables. Pricing for Internet Ports Is affected If access to the Port is over frame relay rFR Access"). Pricing for Private Port
and Enhanced Ports does not change depending on which type of access to the Port is used. Some Port types or Port speeds may not
be available with certain types of access.
6.1 Flat Rate Ust Pricing.
Flat Rate NRC Internet Port FR Internet Port other Prlvale Port MRC EDhanced Port
Access MRC Access MRC MRC
DSO $500.00 $380.00 $510.00 $360.00 $400.00
DS1 $500.00 $600.00 $800.00 $1 785.00 $1 965.00
2 x DS1 (3 MbDsl $1.000.00 N1A $1590.00 $3 545.00 $3 900.00
3 x 051 (4.5 MbDS) $1,000.00 N1A $2 380.00 $5 305.00 $5.840.00
4 x 051 6 Moos) $1 000.00 N1A $3 160.00 $7.045.00 $7 750.00
5x051 (7.5 MbDSl $1 000.00 N1A $3.940.00 $8,785.00 $9 685.00
6 x 051 (9 Mbps) $1 000.00 N1A $4,710.00 $10,500.00 $11.550.00
7 x 051 (10.5 $1.000.00 N1A $5.480.00 $12,220.00 $13.445.00
MbDS) $15310.00
8 x DS1 (12 Mbps) $1,000.00 N1A $6 240.00 $13915.00
DS3 $2,000.00 S6 375.00 $8.000.00 $17 040.00 $18,745.00
OC3 $4 000.00 N1A $22,000.00 $46,860.00 $51550.00
Ethernet $1 000.00 N1A $2,200.00 N1A N1A
Fast Ethernet $1.500.00 N1A $15.000.00 N1A NlA
6.211ered Ust Pricing.
TIered DS1 NRC U&t Pricing Internet Port FR Internet Port other Priv_ Port MRC Ellbanced Port
Access MRC Access MRC MRC
56 - 64 Kbps $500.00 $380.00 $510.00 $360.00 $400.00
128 Kbps $500.00 $495.00 $660.00 $620.00 $685.00
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192 Kbps \ 5500.00 5555.00 5735.00 5795.00 $875.00
256 Kbps I $500.00 $585.00 $780.00 $925.00 51,020.00
384 Kbps I $500.00 $625.00 $830.00 $970.00 $1,070.00
512 Kbps ! $500.00 $630.00 $835.00 $990.00 $1 090.00
768 Kbps 1 $500.00 $655.00 $875.00 $1,370.00 $1 510.00
1024 Kbps I $500.00 $660.00 $880.00 $1825.00 $2,010.00
1.544 Mbps I $500.00 $670.00 5890.00 51,985.00 52,185.00
aweST TOTAL ADVAtfTAGFt' AGREEMENT - DM
Tiered DS3 I NRC InIemet Port FR Internet Port Other Private Port MRC Enhanced Port
Access MRC Access MRC MRC
3 Mbps I $2.000.00 $1,820.00 $2 280.00 $6,350.00 $6 985.00
6 Mbps , $2,000.00 $3,005.00 $3770.00 $8 025.00 $8,830.00
9 Mbps $2,000.00 $3,840.00 $4,815.00 $10,255.00 $11,280.00
12 Mbps $2 000.00 $4,540.00 $5.700.00 $12,135.00 $13.350.00
15 Mbps $2000.00 $5015.00 $6,295.00 $13,405.00 $14,745.00
18 Mbps $2 000.00 $5,395.00 $6 770.00 $14,415.00 $15855.00
21 Mbps , $2,000.00 $5,780.00 $7,250.00 $15,440.00 $16,985.00
,
24 Mbps $2 000.00 $6 025.00 $7 565.00 $16 105.00 $17 715.00
27 Mbps $2 000.00 $6 235.00 $7 825.00 $16665.00 $18,335.00
30 Mbps $ 000.00 $6,415.00 $8 050.00 $17 145.00 $18 860.00
33 Mbps $ 000.00 $6.635.00 $8,325.00 $17 730.00 $19.505.00
36 Mbps $ 000.00 $6,765.00 $8,490.00 $18,080.00 $19.890.00
39 Mbps $ 000.00 $6,880.00 $8,635.00 $18,385.00 $20 225.00
42 MbDS $ 000.00 $7 040.00 $8,835.00 $18,810.00 $20 695.00
45 Mbps $2 000.00 $7130.00 $8 945.00 $19 050.00 $20.955.00
TIered 0C3 l NRC Internet Port FR Internet Port other Private Port MRC Enhanced Port
I Access MRC Access MRC MRC
35 Mbps $4.000.00 NJA $9,785.00 $20,840.00 $22 925.00
45 Mbps $4,000.00 NJA $11,870.00 $25 260.00 $27 810.00
55 Mbps , $4,000.00 NJA $13,610.00 $28 990.00 $31,890.00
65 Mbps $4,000.00 NJA $15,275.00 $32,535.00 $35,790.00
75 Mbps $4000.00 N1A $16650.00 $35 460.00 $39,005.00
85 Mbps $4 000.00 N1A $18.010.00 $38 360.00 $42.200.00
95 Mbps ; $4 000.00 N1A $19120.00 $40.720.00 $44 795.00
105 Mbps , $4000.00 WA $20,255.00 $43,145.00 $47465.00
115 Mbps : $4,000.00 WA $21305.00 $45,380.00 $49,920.00
125 Mbps \ $4 000.00 WA $22 135.00 $47 140.00 $51.860.00
135 Mbps $4,000.00 WA $23030.00 $49 055.00 $53,960.00
145 Mbps $4 000.00 WA $23 725.00 $50,530.00 $55 590.00
155 Mbps $4 000.00 NJA $24.445.00 $52 070.00 $57 260.00
Tiered Ethernet NRC Ust PrIcing Internet Port FR Internet Port other Private Port MRC Enhanced Port
(10 Mb~) Access MRC Acces. MRC MRC
2 Mbps $1,000.00 NJA $1 320.00 WA NJA
4 MbDS $1,000.00 NJA $1 850.00 WA NJA
6 Mbps I $1,000.00 NJA $2 140.00 NJA WA
8 Mbps $1,000.00 NJA $2,325.00 N1A NJA
10 Mbps I $1000.00 N1A $2,445.00 N1A NJA
Tiered Fast NRC Ust Pricing Internet Port FR Internet Port other Private Port MRC Enhanced Port
Ethernet (100 Aa:ea. MRC Access MRC MRC
Mbps)
10 Mbps $1500.00 N1A $3,370.00 N1A WA
15 MbDs $1.500.00 N1A $4,785.00 WA NJA
20 Mbps $1.500.00 NJA $6.050.00 NJA NJA
30 MbpS $1500.00 NJA $8 235.00 NJA NJA
40 Mbps $1,500.00 NlA $10,055.00 NJA NlA
50 Mbps $1500.00 NJA $11585.00 NJA NJA
60Mbps $1600.00 NJA $12895.00 NJA NJA
70 MbDs $1500.00 NJA $14,030.00 NJA N1A
80 Mbps $1.500.00 NJA $15,020.00 NJA N1A
90 Mbps $1,500.00 NJA $15895.00 NJA N1A
100 Mbps $1.500.00 NJA $16670.00 NJA N1A
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6.3 'Precise Burstable Ust Pricing.
aWEST TOTAL AOVANTAG~ AGREEMENT - OM
Precise Burstable NRC Internet Port FR Internet Port Other Private Port MRC Enhanced Port
OS1 (Precise Access MRC Per Access MRC Per Per Mbps MRC Per Mbps
. Burstable Mbps Mbps
Minimum · 56
. KbDS}
0.0 - 56 KbDS $500.00 N1A $9,940.00 $13175.00 N1A
57 - 128 KbDS $500.00 N1A $9.035.00 $11975.00 NJA
129 - 256 Kbps $500.00 N1A $5,140.00 $8,380.00 N1A
257 - 384 Kbps $500.00 N1A $3,045.00 $5665.00 NJA
385 - 512 Kbps $500.00 NJA $2,165.00 $4,275.00 N1A
513 - 640 Kbps $500.00 N1A $1,630.00 $3,355.00 NJA
641 - 768 Kbps $500.00 N1A $1 340.00 $2815.00 N1A
769 - 1.544 Kbps $500.00 N1A $1,135.00 $2,425.00 NJA
Precise Burstable NRC Internet Port FR Internet Port Other Private Port MRC Enhanced Port
NxDS1 (Precise Access MRC Per Access MRC Per Per Mbps MRC Per Mbps
Buratable Mbps Mbps
Minimum - 3
Mbps}
0-3Mbos $1.000.00 NlA $965.00 $2 100.00 NJA
3.01 - 4.5 Mbos $1,000.00 NlA $875.00 $1905.00 N1A
4.501 - 6 Mbos $1,000.00 NJA $780.00 $1,710.00 NJA
6.01 -7.5 MbDS $1 000.00 N1A $730.00 $1,605.00 NJA
7.501 - 9 MbDS $1000.00 N1A $705.00 $1,545.00 NlA
9.01 - 10.5 MbDS $1 000.00 N1A $675.00 $1,490.00 NlA
10.501 - 12 MbDS $1.000.00 N1A $660.00 $1 455.00 NlA
Precise Burstable NRC lnternet Port FR Internet Port Other Private Port MRC Enhanced Port
OS3 (Precise Access MRC Per Access MRC Per Per Mbps MRC Per Mbps
Buratable Mbps Mbps
Minimum = 3
MbDSl
o - 3 Mbps $2000.00 NJA $840.00 $1 785.00 NJA
3.01 - 6 Mbps $2 000.00 N1A $760.00 $1620.00 N1A
6.01 - 9 Mbps $2.000.00 N1A $630.00 $1 340.00 N1A
9.01 - 12 Mbos $2.000.00 NJA $535.00 $1 140.00 NJA
12.01 - 15 MbDS $2 000.00 N1A $475.00 $1015.00 N1A
15.01 -18 Mbos $2,000.00 NlA $420.00 $895.00 N1A
18.01 - 21 MbDS $2 000.00 N1A $380.00 $805.00 N1A
21.01 - 45 MbDS $2.000.00 N1A $350.00 $740.00 N1A
Precise Burstable NRC Internet Port FR Internet Port Other Private Port MRC Enhanced Port
0C3 (Precise Accen MRC Per Access MRC Per Per Mbps MRC Per Mbps
Buratable Mbps Mbps
Minimum - 35
Mbos}
o - 35 MbDS $4,000.00 NlA $310.00 $660.00 N1A
35.01 - 45 MbDS $4 000.00 NlA $280.00 $600.00 N1A
45.01 - 55 Mbos $4 000.00 NlA $265.00 $565.00 NJA
55.01 - 65 Mbos $4 000.00 N1A $250.00 $530.00 NJA
65.01-75 MbDS $4 000.00 N1A $235.00 $505.00 NJA
75.01 - 85 MbDS $4 000.00 NlA $225.00 $475.00 NJA
85.01 -155 MbDS $4 000.00 N1A $215.00 $455.00 NJA
Precise Burstable NRC Internet Port FR Internet Port other Private Port MRC Enhanced Port
Ethernet 10 Mbps Access MRC Per Access MRC Per Per Mbps MRC Per Mbps
(Precise Buratable Mbps Mbps
Minimum -1
MbDS)
o -1 MbDS $1,000.00 NlA $920.00 N1A NJA
1.001-2 MbDS $1 000.00 N1A $835.00 N1A NJA
2.001 - 3 Mbos $1000.00 N1A $660.00 N1A NJA
3.001 - 4 MbDS $1000.00 N1A $545.00 N1A NJA
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4.001 - 5 MbDS $1 000.00 NJA $465.00 NJA NJA
5.001 - 6 MbDS $1 000.00 N1A $405.00 NJA NJA
6.001 - 7 MbDS $1 000.00 N1A $360.00 NJA N1A
7.001 -10 MbDS $1 000.00 N1A $320.00 NJA N1A
QWEST TOTAL ADVANTAGe- AGREEMENT - DM
Precise Buratable NRC Internet Port FR Internet Port Other Private Port MRC Enhanced Port
Fast Ethernet 100 Access MRC Per Access MRC Per Per Mbps MRC Per Mbps
Mbps (Precise Mbps Mbps
Burstable
Minimum -10
MbDSI
0-10MbDS $1 500.00 N1A $375.00 NJA NJA
10.001 - 20 MbDs $1 500.00 N1A $340.00 NJA NJA
20.001 - 30 MbDS $1,500.00 N1A $305.00 NJA NJA
30.001 - 40 MbDS $1 500.00 N1A $275.00 NJA NJA
40.001 - 50 MbDS $1.500.00 NJA $255.00 NJA NJA
50.001 - 60 MbDS $1.500.00 N1A $235.00 NJA NJA
60.001 - 70 MbDS $1.500.00 N1A $215.00 NJA NJA
70.001 - eo MbDS $1.500.00 N1A $205.00 NJA NJA
$1,500.00 NJA $190.00 NJA NJA
eoJ)01 - 90 MbDS
90.001 -100 MbDs $1500.00 N1A $180.00 NJA NJA
7. Discounls and Promotions.
During each monthly billing period of the TeRn, Customer's iQ Networking Internet Port MRCs will receive a 56% discount. For
Customer's convenience, the applicable discounts are isted in the .Discount" cohmn in the applicable tables below. If the Revenue
Commitment is not in effect, then Customer win be charged the applicable Ust Pricing, with no discounts or promotions. iQ Networ1cing
Private Port and Enhanced Port MRCs are not eligible for any discount No other discounts or promotions apply. For purposes of
clarification, Customer's net pricing after the application of all discounts for SeNice are set forth in the below table(s).
8. Discounts and Net Rates after Application of Discounts.
Flat RlIle Internet Port Other Discount MRC Net Pricing'" NRC Ust Pricing
Access MRC Ust
Prlcina
DSO $510.00 56% $224.40 $500.00
OS1 $800.00 56% $352.00 $500.00
2 x DS113 Moos $1.590.00 56% $699.60 $1.000.00
3 x DS114.5 MbDsl $2,380.00 56% $1,047.20 $1.000.00
4 x OS116 MbDs $3.160.00 56% $1 390.40 $1.000.00
5 ~ OS117.5 MbDSI $3 940.00 56% $1733.60 $1 000.00
6 x OS119 MbDsl $4 710.00 56% $2 072.40 $1 000.00
7 x OS1 110.5 MbDSI $5480.00 56% $2,411.20 $1 000.00
8 x OS1 112 MbDSI $6 240.00 56% $2.745.60 $1000.00
DS3 $8 000.00 56% $3.520.00 $2.000.00
OC3 $22,000.00 56% $9 680.00 $4 000.00
Ethernet $2 200.00 56% $968.00 $1 000.00
Fast Ethernet $15,000.00 56% $6,600.00 $1,500.00
*Net pricing is subject to change lfthere is a change in the underlying pricing and/or applicable discount(s), with any such changes to
be done In accordance with the terms of the Agreement or this Exhibit
Port NRC Discount Qwest IQ Networking Internet Port NRC(s) and Private Port NRC(s) specified above will receive 8 100% disCO~'"t
so long as such Ports ordered hereunder and subject to this discount remain InstaUed and used by Customer for at least 12 consecutive
months rMinimum Discount Tenn.). If any Port subject to this discount Is terminated or cancelled prior to the co~usi~ of the
Minimum Discount Term for reasons otherthan 8 default by Qwest, Customer wiD be required, within 30 days of such terrni1ation to pay
(In addition to any applicable early termination fees set forth in the Agreement) an amount equal to the applicable Qwest NRC(s)
discounted pursuant to this Section.
Q.NJVAH FE
__..~~~!.9_. .
Copyright C 2005 Qwest. All Rights ~~.:
,
H I
aWEST TOTAL ADVANTAGF' AGREEMENT - DM
LOCAL ACCESS SERVICE EXHIBIT
~ . General. Except as set forth in ~is section and elsewhere in this Exhibit, capitalized terms will have the definitions assigned to them
In the Agreement awest will prOVIde Qwest Local Access seJVice ("Service" or "Local Access Service") pursuant to the terms and
conditions of the Agreement, the Services Schedule, and this Exhibit
2. Definitions.
"ATM Partner Aooess" means Leased Access using ATM technology. Service is aveHable to match Qwest's interexchange pOrt
bandwtdths from 1,544 Kbps to 134,208 Kbps.
"Collocation" means Customer has leased space in a QPOP, a remote collocation site, or a collocation hotel per a Qwest Collocation
Agreement
"CO Meet Point" means Leased Access at a LEC Central Office ("CO") when Customer has a dedicated connection to the CO.
"Construction" means the special construction that Customer requests to extend Service to a Customer demarcation point not covered
by "Extended Wiring."
"CPA Dedicated Facilities" means Qwest has dedicated entrance facilities leased from a LEC.
"CPA Non-Dedicated Faclrlties" means Qwest does not have dedicated enbance facilities with a LEC.
"eroS5-Connecr means an il'1tnH=tOP connection belween certain Customer facilities with direct access (via coIocation or direct
connection) to the Qwest Domestic Network (either located within Qwest's transport area or Qwest's coIlo:ation area) and theQwest
backbone access point Customer must have a valid Collocation Agreement or 8 vaUd Direct: Ccnnect Agreement with Qwest to receive
Cross-Connects.
"Customer ProvIded Local Access" or "CPA" means Customer orders Is own local access from a LEC to connect the CUstomer
premises to the Qwest Domestic Network at a Demarcation Point specified by Qwest . Customer will pay a CPA charge to Qwest when
utilizing CPA Dedicated Facilities.
"Demarcation Point" means: (a) the physical Interface between the Qwest Domestic Netwot1c and the Customer teleconrnunications
equipment; or (b) the physical interface between a third party carrier connecting the Qwest Domestic Networ1t to the Customer's
telecommunications equipment
"Direct Ccnnecr means Qwest in its sole disaetion allows Customer to bring its own fiber directly to the Qwest fiber. All Direct
Ccnnects require: (a) splicing of Customer and Qwest fibers; (b) cross-c:onnection of individual circuits; and (c) an executed Direct
Connect Agreement.
"Ethernet Access" means Qwest ProvIded Access using Ethernet technology. Ethernet bandwidths vary from 5 Mbps to 1,000 Mbps
(1Gb).
"Extended WIrinsf means additional wiring requested for orders where tile Customer demarcation point is not located in the same
IocatJon as the Qwest assigned Demarcation Point
"Frame Partner AIx:e$s" means Leased AIx:e$s using Frame Relay technology. Service Is available to match Qwest's interexchange
port bandwidths from 56 Kbps to 44,736 Kbps.
"Leased AJ;cess" means local backbone access circuits ordered and leased by Qwest from another carrier (specific carrier chosen Is at
the sole discretion of awest).
"Local Loop Change" means the Service Address Is being changed.
"Local Loop Expedite" means Customer requests the delivery of Service one or more days prior to the standard interval delivery date.
"Multiplexing" means, at Customer's request and where available, Qwest multiplexes lower level local access circuits into a higher local
access circuit or vice-versa.
"On-Net Aa;;ess- means local backbone ac:c:ess c1rculs provided solely on Qwest owned and operated facilities.
"Preferred Provider" means Customer requests a specific local access provider for Leased Access. Qwest will attempt to use the
requested provider, but final routing win be II Qwest's sole discretion.
"Qwest Domestic Networ1c" means the Qwest Intererohange network or backbone located within the continental U.S. which is
comprised only of physical media, Including switches, circuits, and/or ports that In operated by Qwesl
QNJVANFE
Page 10
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Copyright C 2005 Qwest. M Rights ~~.:
QWEST TOTAL ADVANTAG~ AGREEMENT - DM
.~ Point of Pr~ence ("QPOP-)" means a Qwest owned physical presence that lies directly on the Qwest Domestic Network. where
direct interconnection between the Qwest Domestic Nelwor1c and the nelwork. of a LEC is possible.
"Qwest Provided Access" means either Leased Access or On-Net Access.
.Service Address" means the building where Customer receives the Local Access Service. Only a building that is classified by Qwest
as a business address can be a Service Address.
.Special Access" means Qwest Provided Access using Digital Signal speeds DSO, DS1, and DS3 or Optical Carrier signal speeds OC3,
OC12, OC48, and OC192.
"Start of Service Date" means the earliest to occur of the date on which Customer begins to utilize the Service or the date on which
Service is made available for use by Customer.
"Wavelength Access" means Qwest Provided Access using Wave Division Multiplexing technology. Service is available in 2.5G and
10G bandwidth.
3. Service Description.
3.1 Types of Local Access Service. There are three types of Local Access Service: Qwest Provided Access, Customer Provided
Access, and eros&-Connect.
3.2 Types of Local Access Technologies. There are five types of Local Access technologies: Special Access, Wavelength Access,
Frame Partner Access, ATM Partner Access, and Ethernet Access. Some technologies or speeds may not be available in all areas or
with certain types of Local Access Service.
3.3 The Service provides the physical connection between the Service Address and the Qwest Domestic Networ1t The Service
includes any entrance cable or drop wire to that point where provision is made for termination of Qwest's outside distribution network
facilities at a suitable location at a CUstomer designated Service Address and will be installed by Qwest to such point of termination.
The Service will extend to and include the equipment mainlained by Qwest at the termination point of the local loop at the applicable
Service Address (i.e., Demarcation Point) but will not include CPE, extended wiring, inside wiring, or other equipment not maintained by
Qwest at a Service Address. All equipment owned by Qwestwill remain the sole property of Qwest, and Customer expressly disclaims
any right, tiUe, or Interest in or to any Qwest equipment or property, or in that of any of Qwest's affiliates, Customers, agents, or
licensees located within the QPOP or elsewhere. Any additional terminations beyond the Demarcation Point are the sole responsibility
of Customer. Customer will provide Qwest with Building Owner (as defined below) authorization for all On-Net Access Service, in a
form reasonably acceptable to Qwest Under no circumstances will Qwest provide Service to a residential address, even If business Is
conducted at such residential location. Customer may purchase the Service only In connection with Customer's use of Qwest
interexchange carrier services or IP services on the Qwest Domestic Network for which a \ocalloop is required.
4. Ordering of Local Access Services.
4.1 Qwest wiI provide the Service only If: (a) there Is a valid, accurate Order Fonn submitted by Customer; (b) adequate capacity is
avalable; and (c) such Order Form Is accepted by Qwest. Qwest will document Customer's orders and changes in Qwest's records.
Customer specifically agrees that all Order Forms and Service ordered thereto during the Term will be governed by the terms and
conditions set forth In the Agreement and this Exhibit Qwast reserves the right to delay, reject, or termnate any Order Form in its
reasonable discretion prior to the delivery of the Service ordered thereunder.
4.2 Upon acceptance of an Order Fenn, Qwest will notify Customer of Its target date for the delivery of each Servi~ (the "Est!rM!~
Availability Date.). Qwest will use commercially reasonable efforts to install each such Service on or before the Estimated Availability
Date, but the Inability of Qwest to deliver Service by such date will not be a default under the Agreement or this Exhibit.
5. Tenn. The tenn of any Service begins on the start of Service Date and continues for a minimum of 12 months from the Start of
Service Date unless a longer term is specified rMlnirTlum SeIvice Term"). Upon expiration of any Minimum Service Tenn, such Service
will automatically renew on a month-to-month basis under the terms and conditions of this Exhibit at the then current rates for such
Service. The Minimum Service Term and any renewal term wiD be referred to as the .Tenn." Upon written notice to the other party at
least 30 days prior to the conclusion of any Term, either party may terminate the Service associated with this Exhibit
6. Termination.
6.1 On-Net Access Cancellation Prlor to Acceptance. If customer cancels an On-Net Access circuit for which no Construction by
Qwest is necessary, after the fifth busineSs day of placing the order with Qwest but prior to the date Qwest informs Customer that the
circuit is available ("Delivery Date"). then Customer agrees to pay one month's MRCs for 08-1, and 5 Mbps bandwidth Ethernet port
speeds, or six months' MRCs for OS-3, OC-n, and 50 Mbps or greater bandwidth Ethernet port speeds. It any time prior to the
Delivery Date, If CUstomer cancels On-Net Access for Which Construction Is required, Customer will pay the termination charg$S set
forth In Section 6.3 below.
Q.MJVAN FE
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Copyrtght 0 2005 Qwest. All Rights ~~!Y..~.:
QWEST TOTAL ADVANTAG~ AGREEMENT - OM
6.2' leased Access Cancellation Prior to Acceptance. If Customer cancels a leased Access circuit for which no Construction by Owest
is necessary, after the fifth business day of placing the order with Qwest but prior to the Delivery Date, then Customer agrees to pay
one month's MRCs for DS-O, 08-1, 56 Kbps to 1.5 Mbps Frame port speeds, or up to 5 Mbps Ethernet port speeds of Service, or 12
months' MRCs for DS-3, OC-n, 44.7 Mbps Frame port speeds, or 50 Mbps Ethernet port speed or greater bandwidth Service. No any
time prior to the Delivery Date, if Customer cancels a leased Access circuit for which Construction is required, Customer will pay the
termination charges set forth in Section 6.3 below.
6.3 Termination after Acceptance. If this Exhibit or a particular Service is terminated for reasons other than by Customer for Cause,
prior to the conclusion of the Minimum Service Term of the Service, Customer will pay: (a) aU accrued and unpaid charges for the
canceled Service provided through the effective date of such cancellation; (b) the amount of any nonrecurring charges that awest
discounted or waived; (c) all Installation or construction costs and expenses incurred by Qwest to install such Service, if applicable; and
(d) a cancellation charge. The cancellation charge: (e) for Circuits not requiring Construction is: (i) 100% of the balance of the MRCs
that otherwise would have become due for the unexpired portion of the first 12 months of the Term, if any, for the canceled Service,
plus (ii) 35% of the balance of the MRCs that otherwise would have become due for the unexpired portion of the applicable T enn, if
any, other than the first 12 months of the Term; or (f) for Circuits requiring Construction, 100% of the balance of the MRCs that
otherwise would have become due for the unexpired portion of the Term. Notwithstanding anything to the contrary herein, Customer
will not be required to pay early tennlnation charges when Customer orders and receives new Service at 8 higher circuit speed than the
cancelled Service.
7. Charges and Payment Custornerwill pay the rates and charges set forth in the Services Schedule and/or in a valid Order Fonn for
local Access Service, Including all applicable supplemental charges: (a) Construction; (b) Extended Wiring; (e) locallDop Expedite
(d) Local Loop Change Fee; and (e) Multiplexing. Customer will not receive any discount for c:iraJits on a l1lOI1tMo-month Tenn. If
during the provisioning of Service, Qwest incurs additional nonrecurring charges for Construction, Extended Wiring, or order
supplements to provide the Service, Qwest reserves the right to charge Customer for such charges.
8. Miscellaneous.
8.1 Monitoring for Frame Partner Access. When providing Frame Partner Access, Qwest wiH monitor the Service for performance and
up/down &tats via a management PVC. By ordering Frame Partner Access, Customer agrees to provide Qwest with access to the
serial interface of Customer's CPE to allow Qwest to monitor the availability of Frame Partner 1Jv;;a;iss.
8.2 Building Owner. Customer understands that the owner of a building where OlWIet Access is located (.Building OWner") is not a
party to this Agreement and is not providing any of the Service described herein. Customer expressly waives all claims against a
Building Owner arising out of this Agreement The rights or remedies Customer may have against a Building Owner will be those set
forth In or arising out of an agreement directly between Customer and Building Owner.
8.3 local Access Install NRC Discount. Qwest Local Access Service InstaR NRC(s) specified on a valid quote form will receive a 100%
discount so long as such Service ordered hereunder and subject to this discount remains installed and used by Customer for at least 12
consecutive months rMinimum Discount Term.). If this Agreement or any Service subject to this discount is terminated or cancelled
prior to the conclusion of the Minimum Discount Term for reasons other than a defaul by Qwest, Customer win be required, within 30
days of such termination to repay (in addition to any applicable earty termination fees set forth in the Agreement) the amount of the
appUcable Qwest NRC(s) discounted pursuant to this Section.
Q.ADVAN FE
Page 12
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COpyright C 2005 Qwest All Rights ~~.:
. QWEST TOTAL AOVANTAG~ AGREEMENT - OM
For Internal Use Only; Use Product Code Q.ADV~ FE for all orders
Company Name: Ashland Abel' Nelwork
Revenue & Term Commitment: $5,OOOIMonth; Two Year (190052)
iQ Nelwor1<ing (iQ Product Build): Internet Port promo code: FE IQ1P2 E
Local Access promo codes: FLATRATE OS1 and FLATRATE OS3 (requires valid q.pricer or Abacus quote to confirm eligibility.
Otherwise, standard local access pricing applies.)
Waivers:
iQ Networking Internet Ports and Private Ports -Install 100%
Local Access - Install 100%(applies only to standard Install NRCs. Expedite, extended wiring, muxing and other NRCs are not
eligible for any discount
Clauses:
Q.NJV~ FE
Page 13
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CopyrigN: 0 2005 Qwesl H Rights ~8!~.:
aWEST TOTAL ADVANTAGE<<> AGREEMENT
LOCAL ACCESS SERVICE EXHIBIT
1. General. Except as set forth in this section and elsewhere in this Exhibit, capitalized terms will have the definitions assigned to
them in the Agreement. Qwest will provide local access seNice rService") pursuant to the terms and conditions of the Agreement
the Services Schedule, and this Exhibit. '
2. Definitions.
.ATM Partner Access' means Leased Access using ATM technology. Service is available to match Qwesfs interexchange port
bandwidths from 1,544 kbps to 134,208 kbps.
.Collocation. means Customer has leased space in a QPOP, a remote collocation site, or a collocation hotel per a Qwest Collocation
Agreement.
.CO Meet Poinf means Leased Access at a LEC Central Office (.CO.) when Customer has a dedicated connection to the CO.
.Construction. means the special construction that Customer requests to extend Service to a Customer demarcation point not
covered by Extended Wiring.
.CPA Dedicated Facilities. means OWest has dedicated entrance facilities leased from a LEC.
.CPA Non-Oedicated Facilities. means Qwest does not have dedicated entrance facilities with a LEC.
~Cross-Connect" means an Intra-POP connection between certain Customer facilities with direct access (via collocation or direct
connection) to the Qwest Domestic Network (either located within Qwest's transport area or Qwesfs collocation area) and the Qwest
backbone access point Customer must have a valid Collocation Agreement or a valid Direct Connect Agreement with ~ to
receive Cross-Connects.
.Customer Provided Local Aa:ess. or .CPA. means CUstomer orders Its own local access from a LEC to connect the Customer
premises to the Qwest Domestic Network at a Demarcation Point specified by Owest. Customer will pay a CPA charge to Owest
when utilizing CPA Dedicated Facilities.
.Demarcation Point" means: (a) the physical Interface between the Qwest Domestic Network and the Customer telecommunications
equipment; or (b) the physical interface between a third party carrier connecting the Qwest Domestic Network to the Custome(s
telecommunications equipment
.Direct Connect" means Qwest In Its sole discretion allows Customer to bring Its own fiber directly to the Qwest fiber. All Direct
Connects require: (a) splicing of Customer and Qwest fibers; (b) cross-connection of individual circuits; and (c) an executed Direct
Connect Agreement
.Ethernet Access. means Qwest Provided Access using Ethernet technology. Ethernet bandwidths vary from 5 Mbps to 1,000 Mbps
(1G).
.Extended Wiring. means additional wiring requested for orders where the Customer demarcation point is not located in the same
location as the Qwest.assigned Demarcation Point
.Frame Partner Atx:ess. means Leased Access using Frame Relay technology_ Service is available to match Qwesfs interexchange
port bandwidths from 56 kbps to 44,736 kbps.
.Layer 3 Expansion Site" means a third-party managed, carrier-neutral collocation facility where Customer can cross-connect with
Qwest to purchase IQ Internet Ports. CUstomer must pUrchase service (i.e., cross-connect) directly from the Layer 3 Expansion Site
manager, not 0w8st..
.Leased Aa:ess" means local backbone access circuits ordered and leased by Qwest from another carrier (specific carrier chosen is
at the sole discretion of Qwest).
.Local Loop Expedite. means Customer reque$tS the delivery of Service one or more days prior to the standard interval delivery date.
"Local Loop Change. means a circuit moves to a different Service Address within the same Customer serving wire center.
.Multiplexing" means, at Customer's request and where available, Qwest multiplexes lower level local access circuits into a higher
local access circuit or vice-versa.
.On-Net Atx:ess. means \ocaI backbone access circuits provided solely on Qwest aMled and operated facilities.
.Preferred Provider" means Customer requests a specific local access provider for Leased Access. Owest will attempt to use the
requested provider, but final routing will be at Qwest's sole discretion.
"Qwest Domestic Network" means the Qwest Interexchange network or backbone located within the continental u.S. which is
comprised only of physical media, Including switches, circuits, and/or ports that are operated by Qwest.
.Qwest Point of Presence raPOP"). means a Qwest CMI'led physical presence that lies directly on the Qwest Domestic Nelwork
where direct interconnection between the Qwest Dom~ Network and the network of a LEC Is possible.
.Qwest Provided A1:cess. means either Leased Access or On-Net Access.
.Service Address. means the building where Customer receives the Service. Only a building that is classified by Qwest as a business
address can be a ServIce Address.
PNM1
C'.nnvrinht e?f'ln!li o-t All Rlnhts: RMNVM
aWEST TOTAL ADVANTAG~ AGREEMENT
LOCAL ACCESS SERVICE EXHIBIT
.Services Schedule. means the Qwest Rate and Services Schedules Interstate No. 3 found at http://www.qwestcom or
htto:/ltariffs.uswest.com:800/docslrates services/QCC/interstate 3/ and at 1801 California Street, 1st Floor Reception Area, Denver,
CO, applicable to telecommunications services as defined by the Communications Ad. of 1934, as amended.
.Speclal Access" means Qwest Provided Access using Digital Signal speeds 050, 051, and 053 or Optical Carrier signal speeds
OC3, OC12, OC48, and OC192.
.Start of Service Date" means the date Service Is made available for use by Customer, or for existing Service, the date the parties
agree In writing to a new Term.
.Wavelength Access. means Qwest Provided Access using Wave Division Multiplexing technology. Service is available in 2.5G and
10G bandwidth.
3. Service Description.
3.1 Types of Service. There are three types of Service: Qwest Provided Access, Customer Provided Access, and Cross-COnnec.t.
3.2 Types of ServIce Technologies. There are five types of Service technologies: Special Access, Wavelength Access, Frame
Partner Access, ATM Partner Access, and Ethernet Access. Some technologies or speeds may not be available In all areas or with
certain types of ServIce.
3.3 The SeMoe provides the physical connection between the Service Address and the Qwest Domestic Network. The ServIce
~udes any entrance cable or drop wire to th8t point where provision Is made for termination of Qwest's outside distribution network
facilities at a suitable location at a CUstomer designated Service Address and win be InstaUed by Qwest to such point of termination.
The ServIce will extend to and Include the equipment maintained by Qwest at the termination point of the local loop at the applicable
ServIce Address (I.e., Demarcation Point) but wiU not Include CPE, Extended Wiring, Inside wiring, or other equipment not maintained
by Qwest at a ServIce Address. All equipment owned by Qwest will remain the sole property of Qwest, and Customer expressly
disclaims any right, title, or Interest In or to any Qwest equipment or property, or In that of any of Qwest's affiliates, CUstomers,
agents, or licensees located within the QPOP or elsewhere. Any additional terminations beyond the Demarcation Point are the sole
responsiblflty of Customer. Under no circumstances will Qwest provide Service to a residential address, even If business is
conducted at such residential location. Customer may purchase the Service only In connection with Customer's use of Qwest
Interexchange carrier service$ or IP services on the Qwest Domestic Network for which a local loop Is required.
3.4 The Service$ Schedule applicable to Service Is incorporated by reference and made a part of this Service Exhibit. Qwest may
change the Services Schedule at any time and such change will be effective upon being posted in the Services Schedule.
4. Ordering of Service.
4.1 Qwest win provide the Service only It (a) there Is a valid, accurate Order Form submitted by Customer; (b) adequate capacity is
available; and (c) such Order Form Is accepted by Qwest. Owest will document Customer's orders and changes In Qwest's rec:ords.
Customer specifically agrees that aU Order Forms and ~ce ordered thereto during the Term will be governed by the terms and
conditions set forth In the Agreement and this exhibit. Qwest reserves the right to delay, reject, or terminate any Order Form In Its
reasonable discretion prior to the delivery of the Service ordered thereunder.
.4.2 Upon acceptance of an Order Form, Qwest will notify Customer of Its target date for the delivery of each Service (the -Estimated
Availability Date.). Qwest wID use commercially reasonable efforts to Install each such ServIce on or before the Estimated Availability
Date, but the Inability of Qwest to deliver Service by such date will not be . default under the Agreement or this exhibit.
6. Term. The term of any Service begins on the Start of Service Date and continues for a minimum of 12 months from the Start of
Service Date, unless a longer term Is specified (.Minimum Service Term.). Upon expiration of any Minimum Service Term, such
Service will automatically renew on a month-to-month basis. The Minimum Service Term and any renewal term win be referred to as
the .Term.. Upon written notice to the other party at least 30 days prior to the conclusion of any Term, either party may terminate the
Service associated with this Exhibit.
6. Cancellation.
6.1 On~ Access Cancellation Prior to Acceptance. If Customer cancels an On-Net At;oess circuit for which no Construction by
Qwest Is necessary, after the fifth business day of placing the order with Qwest but prior to the date Qwest Informs Customer that the
circuit Is available (.Delivery Oate.), then Customer agrees to pay one month's MRCs for 0S.1 Special Access and 5 Mbps bandwidth
Ethernet Access, or six months' MRCs for DS-3 and OC-n Special Access and 50 Mbps or greater bandwidth Ethernet kcess. M-
any time prior to the Delivery Date, if Customer cancels On-Net Access for which Construction Is required, Customer will pay the
cancellation and other charges set forth in the Ca~ceIlatlon After Acceptance section.
6.2 l..eued Access Cancellation Prior to Acceptance. If Customer cancels a Leased Access circuit for which no Construction by
Qwest Is necessary, after the fifth business day of placing the order with Qwest but prior to the Oel~ Date, then Customer agrees
to pay one month's MRCs for O~ and 0$-1 SpecIal Access, 56 Kbps to 1.5 Mbps Frame Partner Access, and up to 5 Mbps
PMA ? ('.nnvrinht C ?oo!; aw-t All Rintft RMNVAIt
Ir I
QWEST TOTAL ADVANTAGE4ll AGREEMENT
lOCAL ACCESS SERVIcE EXHIBIT
Ethernet Access, or 12 months' MRCs for DS-3 and OC-n Special Access, 44.7 Mbps Frame Partner Access, and 50 Mbps or greater
bandwidth Ethernet Access. No any time prior to the Delivery Date, if Customer cancels a leased Access circuit for which
Construction is required, Customer will pay the cancellation and other charges set forth in the Cancellation After Acceptance section.
6.3 Cancellation After Acc:eptance. If this Exhibit or a particular Service Is terminated for reasons other than by Customer for
Cause, pnor to the conclusion of the Minimum Service Term of the Service, Customer will pay: (a) all accrued and unpaid charges
for the canceled Service provided through the effective date of such cancellation; (b) the amount of any nonrecumng charges that
Owest discounted or waived; (e) all Installation or Construction costs and expenses incurred by Qwest to install such Service, if
applicable; and (d) a cancellation charge. The cancellation 'charge: (e) for circuits not requinng Construction is: (i) 100% of the
balance of the MRCs that otherwise WOUld have become due for the unexpired portion of the first 12 months of the Minimum Service
Term, if any, for the canceled Service, plus (ii) 35% of the balance of the MRCs that otherwise would have become due for the
unexpired portion of the applicable Minimum Service Term, if any, beyond the first 12 months, if the Minimum Service Term Is longer
than 12 months; or (f) for Circuits requinng Construction, 100% of the balance of the MRCs that otherwise would have become due
for the unexpired portion of the Minimum Service Term. Notwithstanding anything to the contrary herein, Qwest will waive the
cancellation and other charges referenced herein when Customer orders and receives a replacement circuit at the same Service
Address and at a higher circuit speed than the cancelled Service.
7. Charges and Payment. Customer will pay the rates and charges set forth in the ServIces Schedule andlor in a valid Order Form
for Service, Including aD app/icable suppIementaJ charges: (a) Construction; (b) Extended Wiring; (c) LocaJ loop Expedite (d) lOcal
Loop Change; and (e) Multiplexing. Customer Win not receive any discount for circuits on a month-to-month Term. If during the
provisioning of ServIce, Qwest Incurs 8dditionaI IIOIV8CUmng charges for Construction, Extended Wiring, or order supplements to
provide the ServIce, Qwest reserws the right to ch8rge Customer for such charges. The SeMce Is not entitled to the aTA Discount,
nor will the rates be used to calculate the Contributory Charges. aw.t reserws the right to modify the rates and charges or change
certain components of the Service upon not less than 60 days prlor written notice to Customer; provided that Qwest may reduce the
foregoing notice period, as necessary, if such modification is based upon Regulatory AdivIty. -Regulatory ActivIty" means any
regulation and/or ruling, Including modifications thereto, by any regulatory agency, legislative body, or court of competent jurisdiction.
8. Monitoring for Frame Partner Access. When providing Frame Partner Access, Customer has the option to have Qwest monitor
the Service for performance and up/down staIs via a management PVC. By ordering Frame Partner Access with monitonng,
Customer agrees to provide Qwest with access to the serial interface of Customer's CPE to allow Qwest to monitor the availability of
Frame Partner Access. By ordering Frame Partner Access without monitonng, Customer understands that Qwest will not monitor the
availability of Frame Partner Access.
PAM:o\
C".I\nvrtnht e ?CWi o-t All Rin~ RAAArVA/1