HomeMy WebLinkAbout2005-032 Agrmt - Hunter Communications
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Internet / Intranet Service Agreement
Vo1.9.0
1. SERVICES....... ............ .......... ..... ....... ....... ...... .......... ............................ ..... ....... ..... ................. ....... ........ ....... ...... .......3
1.1. DATA SERVICES 3
1.2. INSTALLATION SERVICES 3
2. TERMS. ................ .......... ....... .......... ..... ........... ...... ..... ............... ................ ................ ........ ...... .......... .... ............ ........ 3
3. CHARG ES .................. .......... ................ ..... ..... ...... ......... .... ........ ............... ....... .... .... ............. .... .................... .............3
3.1. DATA SERVICES RATE 3
3.2. INSTALLATION SERVICES CHARGE 3
3.2.1. UNINTERRUPTIBLE POWER SUPPLY 3
3.3. LATE PAYMENT, DEPOSIT 3
4. SE RVICE LEVE LS ..................... ..... .... ............. .... ............. .......... .... .................... .... ................. ...... ................. ..... .......3
5. HUNTER FACILmES AN D EQUIPM ENT .......... ...... .............................. .......... ......... ...... ..... ....................... ..... .......... 3
5.1. REMOVAL 3
5.2. PROPER ENVIRONMENT 4
5.3. DAMAGE 4
6. RIGHTS AN D OBLIGATIONS OF CUSTOM ER ...........................................................................................................4
6.1. INSTALLATION 4
6.2. PREMISES ACCESS 4
6.3. ACCEPTABLE USE POLICIES (AUP) 4
6.4. SYSTEM INTEGRITY 4
6.5. HUNTER EQUIPMENT MOVEMENT 4
7. TE RMINA TION ................................ .......... ........... ........... .............................. .......... ....... .................................. ........4
7.1. CESSATION OF SERVICE 5
7.2. CESSATION OF ACCESS 5
7.3. TERMINATION FEE 5
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8. NO WARRANTIES......................... ........ ........ ....... .......................... ................ ........... ......... ............................. ......... 5
9. EXCLUSION OF CERTAIN DAMAGES; UMITATION OF LIABILITY AND REMEDY; EXCLUSIVE REMEDY .............5
10. UNCONTROLLABLE CON DmONS . ................ .................. ....................................... ..... ...........................................5
11. SEVE RABILITY .. ................................ ........... .............................................................. ............ ....... .......................... 5
12. G ENE RAL PROVISIONS ................. ................. ......................................................... .......................... ........ .............5
13. HUNTER DIGITAL SERVICES ACCEPTABLE USE POLICY FOR HUNTER IP PRODUCTS AND SERVICES ...............6
13.1 PROHIBITED USES OF HUNTER'S SYSTEMS, PRODUCTS AND SERVICES 6
13.2 TERMS OF SERVICE 6
13.3 HIGH SPEED DIRECT FIBER CONNECTION 6
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Agreement between Hunter Communications (Hunter) and Customer named below for Hunter's
("Data Services'') on Hunter's telecommunications system through its fiber optic network (the
"network" or "system").
Customer Name: City of Ashland (Ashland Fiber Network)
Key Billing Contact: Dick Wanderscheid
Billing Address:
City of Ashland
20 E. Main Street
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Premises Address (if different):
City of Ashland
20 E. Main Street
Ashland, OR 97520
Service Address (if different):
Branch Address (if different):
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1. Services. Customer shall purchase and Hunter
Communications (Hunter) shall provide to Customer:
1.1. Data Services. Data Services permit access by
Customer to Hunter's telecommunications system at the point of
delivery located in the Customer's premises described above. The
point of delivery is that location where the network and Customer's
system are interconnected.
1.2. Installation Services. Installation services consist
of coordinating with Customer the necessary engineering, site
survey, system configuration and other services necessary to
provide Customer Data Services. These services shall be provided
up to the date that the service testing is completed based on
Hunter's customary testing procedures and the service is available
to the Customer ("the service acceptance date'').
In . addition, Hunter will provide the equipment (collectively
referred to as "Hunter facilities'') necessary to connect Customer's
facilities to the network.
2. Terms. This agreement will be effective upon the date
executed by Hunter and shall continue for 12 months, unless
sooner terminated as provided in this agreement. In the event
written notice is not given by either party to terminate this
agreement at least 30 days prior to the termination date, this
agreement shall automatically renew for a successive twelve (12)
months on the same terms and conditions.
3. Charges. Hunter agrees to provide an Internet connection
service for which Customer agrees to provide consideration as
outlined below: ~ rL
() W~ ~. 30 Mbits Burstable Internet bandwidth $100.00 per Mbit per
r- _. month.
Additionally, Hunter and AFN agree that if additional bandwidth is
needed by AFN it can be purchased at the same rate.
Also Hunter and AFN agree to provide redundancy for their
respective internet connections. Therefore if Hunter's internet
connection fails and Hunter is using AFN's Internet connection for
bandwidth, Hunter will pay AFN at $100.00 per Mbit per Month for
those services.
In order to provide a transition to this service, AFN will provide
and Place a router at Hunter's location for the term of this
contract.
3.1. Data Services Rate. From the service start-up date,
Customer shall pay the rate specified above for each month of
service. If the service does not begin on the first day of a billing
cycle, then payments for the first month shall be prorated on a
daily basis. All accounts will be invoiced on the first day of each
month, and all sums shall be paid within 20 days after the date of
the monthly billing for services (the "due date'').
3.2. Installation Services Charge. Customer shall pay
the installation charge specified below for the installation services
provided by Hunter which charges shall be due and payable upon
onsite installation of the fiber terminating hardware and therefore
establishing the due date of the installation charges and any
prorated data services for the start-up period.
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Hardware and fiber installation: $ one time fee per
location.
3.2.1. Uninterruptible Power Supply. Customer shall
provide a form of uninterruptible power for the fiber termination
hardware and any Hunter facilities or equipment at the Customers
location. If the Customer does not provide a uninterruptible power
source, Hunter will provide one for the price listed below.
APC Uninterruptible Power Supply: $200.00 (one
needed for each location)
.
3.3. Late Payment, Deposit. Payments received after
the due date may be subjected to a charge of 1'12% per month on
the unpaid balance at the discretion of Hunter. Hunter may
require Customer to pay a deposit in advance of the provision of
any service. Hunter shall hold any such deposit in a non-interest
bearing account and used to satisfy (in whole or in part) any
obligation of Customer under this agreement.
4. Service Levels. Hunter will exercise reasonable efforts to
provide Internet service on a 24-hour-a-day, 7-day-per-week
basis. Customer understands and acknowledges that Hunter does
not warrant that its Internet service will be provided without
interruption. Customer also understands that the rates and speed
for this service is based on the utilization of burstable data
transmission methodology where the full bandwidth contracted for
is to be utilized in bursts only and not continuously. Hunter may
monitor Customers' bandwidth utilization in order to ensure that
Customer's transmissions are within burstable utilization rate
guidelines. These guidelines are subject to change at any time by
Hunter acting in its sole discretion, and all such changes shall be
binding upon Customer upon written notice to Customer by
Hunter.
In the event of a Internet service outage deemed to be at the
Hunter service level, Hunter will have a technician investigating the
issue within 4 hours after receiving notification of the outage from
the Customer to the assigned service number provided to
Customer from time to time. With respect to a failure of
continuous interruption which is not excused as provided in this
section or otherwise, which exceeds 24 consecutive hours in
duration and of which Hunter receives written notice within 48
hours of such failure or interruption, Hunter shall credit Customer's
account with respect to the affected service by an amount equal to
one-thirtieth of the recurring monthly charge for the service for
each 24-hour period during which the failure or interruption
continues. This credit shall be the sole and exclusive remedy of
Customer with respect to any interruption or failure of the service.
No such credit shall be due, however, if the interruption is caused
by reasons beyond the reasonable control of Hunter or for reasons
related to scheduled network maintenance.
5. Hunter Facilities and Equipment. Any Hunter facilities
and/or equipment installed on Customer's premises shall be and
remain the property of Hunter and may be repaired or replaced at
any time and removed at the termination of service, and may be
used to supply other customers of Hunter whether or not on the
same premises. No rent or other charge shall be made by
Customer on Hunter for placing or maintaining its facilities or
equipment upon Customer's premises. Hunter shall be entitled, at
any time, to affix to Hunter facilities or equipment a label
indicating the interest of Hunter.
5.1. Removal. Customer will use reasonable efforts to
ensure that Hunter facilities and/or equipment are not removed or
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caused to be removed by any person, other than Hunter or
without Hunter's prior written consent.
5.2. Proper Environment. Customer shall use
reasonable efforts to keep the location of Hunter's facilities and/or
equipment in the proper environment as specified by Hunter.
5.3. Damage. Customer agrees to exercise due care and
caution to protect Hunter's facilities and equipment from the
weather, vandalism and other potential problems. Customer shall
be liable for any loss or damage to Hunter's facilities and/or
equipment at any location arising from Customer's negligence,
intentional act, unauthorized maintenance or other cause within
the reasonable control of Customer, its employees or agents. In
the event of any loss or damage to Hunter's facilities or equipment
for which Customer is liable, Customer shall reimburse Hunter for
the lesser of the reasonable cost of repair or the actual cost of
replacement.
6. Rights and Obligations of Customer.
6.1. Installation. Customer shall at its expense
undertake all necessary preparations required to comply with
Hunter's installation and maintenance instructions. Such
preparations include obtaining all necessary consents for the
installation and use of Hunter facilities and/or equipment in the
building, including consents for necessary alterations to buildings;
ensuring that any floor loading limits will not be exceeded;
providing suitable accommodations, foundations and an
environment to meet the environmental specifications for Hunter
including all necessary trunking, conduits and cable trays;
providing suitable electric power and any other utilities needed by
Hunter to install, test and or maintain Hunter's facilities and
equipment; providing a suitable and safe working environment for
Hunter's personnel, including an environment safe from
environmental hazards; and taking up or removing, in time to
allow Hunter to carry out installation as scheduled, any fitted or
fixed floor coverings, ceiling tiles, suspended ceilings and partition
covers.
6.2. Premises Access. Customer shall provide Hunter or
other persons authorized by Hunter with access (on both a routine
and emergency basis) for the implementation of all service
acceptance date; Customer will provide Hunter reasonable access
to the Customer premises where any Hunter facilities or equipment
are installed. Hunter shall not be responsible for any faults on the
network or any failure to perform the provisions of this agreement
to the extent that Hunter, in good faith, requires access, and any
such faults or failures or the continuation thereof are a result of
the failure of Customer to provide access to the place at each
location where Hunter facilities and/or equipment are installed
supporting the failing service or connection.
(a) During implementation, Hunter will normally carry out work
required to install and/or repair Hunter's facilities and equipment
during its normal working hours but may, on reasonable notice,
require access at other times. At Customer's request, Hunter will
carry out work to install Hunter's facilities and equipment outside
Hunter's regular working hours, in which event Customer agrees to
pay overtime and any other appropriate charges agreed between
the parties.
(b) Any out-of-pocket costs, reasonably incurred by Hunter, as a
consequence of the denial of access by Customer (or building
owner) to any location shall be paid by Customer. Hunter shall
advise Customer of any such costs on a case-by-case basis.
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6.3. Acceptable Use Policies (AUP). Hunter's
Acceptable Use Policy (AUP) is posted to our web site and is to be
acknowledged and known by the Customer at all reasonable times.
Customer shall comply with Hunter's acceptable use policies. The
acceptable use policies are subject to change at any time by
Hunter acting in its sole discretion, and all such changes shall be
binding upon Customer upon written notice to Customer by
Hunter.
(a) Customer shall be responsible for the use and compatibility of
equipment or software not provided by Hunter. In the event that
Customer uses equipment or software not provided by Hunter
which impairs Customer's Data Services or the network, Customer
shall nonetheless be liable for payment for all service, including
without limitation any software provided by Hunter. Upon notice
from Hunter that any equipment or software not provided by
Hunter is causing or is likely to cause an hazard, interference, or
service obstruction, Customer shall immediately eliminate the
likelihood or hazard, interference, or service obstruction and if
Customer fails to do so, Hunter may take such action as it deems
required to eliminate such hazard, interference or service
obstruction.
(b) Customer will only connect to the network using industry
standard equipment, which complies and is compatible with the
service specifications set forth in applicable technical publications.
Notwithstanding the undertaking of Customer in the prior
sentence, if, in Hunter's reasonable opinion, the technical integrity
of the network or the service being provided over the network to
Customer or any other third party is being jeopardized or is likely
to be jeopardized as a result of the connection of any Customer
premises equipment to the network by Customer or by any other
activity for which Customer is responsible, Hunter may suspend
the provision of the services to any connection so affected.
Following remedial action by Customer satisfactory ~Hunter,
Hunter will reinstate the service provided through that connection
as soon as possible.
(c) Hunter reserves the right to allow or refuse to allow any make,
model or software revision of customer-provided equipment to be
used as a gateway to any network access. Customer will
cooperate with Hunter in setting the initial configuration for its
equipment's interface with the network.
(d) Hunter may from time to time issue technical instructions on
the use of the network to ensure the proper functioning of the
services or the protection of the network from damage or
deterioration. Customer will observe technical instructions.
6.4. System Integrity. Customer to cure any violation
(other than failure to pay) of the provisions of this agreement
within 30 days notice by Hunter.
6.5. Hunter Equipment Movement. Customer is
obligated to obtain written approval from Hunter prior to moving
any of Hunter's equipment. Moving of equipment without
authorization may cause damages and/or an outage. A customer-
caused outage, due to the moving of equipment without written
authorization, will be the sole responsibility of the Customer. The
costs to repair any damages by Hunter technicians shall be borne
by the Customer. No deductions to billing will be made for
Customer-caused outages.
7. Termination Either party may terminate this agreement for
cause, provided written notice is given the other party specifying
the cause for termination and requesting correction within 10 days
for failure to pay a sum due, or within 30 days for any other
Hunter Initials ~l/~ Date':< /4 /Za:Jr)'
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cause, and such cause is not corrected within the applicable
period. Cause is any material breach of the terms of this
agreement, including the failure to pay any amount when due, the
filing of a petition in bankruptcy by or against Customer or
Customer's inability to meet obligations when due; or failure of
Hunter. Hunter will furnish copies of such policies upon request.
7.1. Cessation of Service. Hunter may deny Customer
access to the network and cease to provide all or part of any
services described in this agreement without notice if Customer:
(a) violates any provision of applicable acceptable use
policies;
(b) engages in any conduct or activity that Hunter, in
its sole discretion, reasonably believes causes a risk
that Hunter may be subjected to civil or criminal
litigation, charges, or damages; or;
(c) would cause Hunter to be denied access or to lose
services by Hunter's internet provider.
7.2. Cessation of Access. If Hunter ceases to provide or
denies Customer access to the network pursuant to this section,
neither Customer nor any of its customers shall have any right:
(a) to access through Hunter any materials stored on
the internet,
(b) to obtain any credits otherwise due to Customer,
and such credits shall be forfeited, or;
(c) to access third party services, merchandise or
information on the internet through Hunter. Hunter
shall have no responsibility to notify any third-party
providers of services, merchandise or information of
any discontinuance of any services pursuant to this
section, nor any responsibility for any consequences
resulting from lack of such notification.
7.3. Termination Fee. If Hunter terminates this
agreement for cause, or if Customer terminates this agreement
without cause, Customer shall pay Hunter a termination fee equal
to the lesser of:
(a) the remaining charges applicable through the end
of the scheduled term, or;
(b) six month charges.
8. No Warranties. To the extent permitted by applicable law,
Hunter is providing the services and the system (including but not
limited to the Hunter facilities and/or equipment and any access to
the network) as is and with all faults, and hereby disclaims all
other warranties, if any, either express, implied, statutory or
otherwise with respect to any of the system and services provided
or to be provided under this agreement, including but not limited
warranties of merchantability, fitness for a particular purpose, of
lack of viruses, lack of negligence or lack of workmanlike effort.
Hunter makes no warranty:
(a) of title, quiet enjoyment or lack of infringement with
respect to the system or services;
(b) that the system or services are "year 2000"
compliant; or,
(c) that the operation of the system or service will be
uninterrupted or error free.
9. Exclusion Of Certain Damages; Limitation Of Liability
And Remedy; Exclusive Remedy. To the maximum extent
permitted by applicable law, in no event will Hunter be liable under
any contract, negligence, strict liability or other theory for any
special, indirect, incidental or consequential damages (including
but not limited to damages for loss of profits for confidential or
other information, for business interruption, for personal injury, for
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loss of privacy, for failure to meet any duty including of good faith
or of reasonable care, for negligence, and for any other pecuniary
of other loss whatsoever) arising out of or in any way related to
any breach by Hunter of this agreement, to the provision or use of
or inability to use the system or services or otherwise with respect
to any subject matter of this agreement, even if Hunter has been
advised of the possibility of such damages.
Hunter's total liability to Customer under this agreement and the
transactions contemplated herby, including without limitation any
liability of Hunter for any damages of any nature whatsoever,
including without limitation direct or actual damages, shall be
limited to the direct damages incurred by Customer in actual and
reasonable reliance on the system or services, which damages
shall not, in the aggregate, exceed 100% of the amount having
actually been paid by Customer to Hunter in the twelve month
period immediately preceding the date on which the breach giving
rise to the damages occurred.
Except for the provision of credits to Customer's account as
specifically provided in section 4, the rights and remedies granted
to Customer under this section 9 constitute Customer's sole and
exclusive remedy against Hunter, it's agents, officials and
employees for any and all claims arising under statutory or
common law or otherwise.
There are no third party beneficiaries of this agreement. Customer
agrees that Hunter shall have no liability for the negligence,
products, services or websites of Customer; of affiliates; of
developers or consultants identified of referred to Customer by
Hunter; or of any other third party, including but not limited to
liability for the content, quality and accuracy of the foregoing
which are accessible by use of the system or services of Hunter.
10. Uncontrollable Conditions. Neither party shall be deemed
in violation of this agreement if it is prevented from performing
any of the obligations under this agreement by reason of severe
weather and storms; earthquakes or other natural occurrences;
strikes or other labor unrest; power failures; nuclear or other civil
or military emergencies; acts of legislative; judicial; executive or
administrative authorities; or any other circumstances which are
not within its reasonable control.
11. Severability. In the event that a court, governmental
agency, or regulatory body with proper jurisdiction determines that
this agreement or a provision of this agreement is unlawful, this
agreement, or that provision of the agreement to the extent it is
unlawful, shall terminate. If a provision of this agreement is
terminated but the parties can legally, commercially and
practicably continue without the terminated provision, the
remainder of this agreement shall continue in effect.
12. General Provisions. Failure or delay by either party to
exercise any right or privilege under this agreement will not
operate as a waiver of such right or privilege. Customer may
assign this agreement only with the consent of Hunter. This
agreement constitutes the entire understanding between Customer
and Hunter with respect to Service provided herein and
supersedes any prior agreements or understandings.
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13. Hunter Digital Services Acceptable Use Policy for
Hunter IP Products and Services.
Hunter Digital Services Acceptable Conduct Policy (the "Policy") for
Hunter IP Products and Services is designed to help protect
Hunter, Hunter's customers and the Internet community in general
from irresponsible or, in some cases, illegal activities. The Policy is
a non-exclusive list of the actions prohibited by Hunter Digital
Services. Hunter Digital Services reserves the right to modify the
Policy at any time.
13.1 Prohibited Uses of Hunter's Systems, Products and
Services.
1. Transmission, distribution or storage of any material in
violation of any applicable law or regulation is
prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret or other
intellectual property right used without proper
authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control
laws.
2. Sending unsolicited mail messages, including the
sending of "junk mail" or other advertising material to
individuals who did not specifically request such material
(e.g., ..e-mail spam..).This includes, but is not limited to,
bulk mailing of commercial advertising, informational
announcements, and political tracts. It also includes
posting the same or similar message to one or more
newsgroups (excessive cross-posting or multiple-
posting). Hunter accounts or services may not be used
to collect replies to messages sent from another Internet
Service Provider where those messages violate this
Policy or that of the other provider.
3. Unauthorized use, or forging, of mail header information
(e.g., "spoofing").
4. Unauthorized attempts by a user to gain access to any
account or computer resource not belonging to that user
(e.g., "cracking").
5. Obtaining or attempting to obtain service by any means
or device with intent to avoid payment.
6. Unauthorized access, alteration, destruction, or any
attempt thereof, of any information of any Hunter
customers or end-users by any means or device.
7. Knowingly engage in any activities that will cause a
denial-of-service (e.g., synchronized number sequence
attacks) to any Hunter customers or end-users whether
on the Hunter network or on another provider's network.
8. Using Hunter's Products and Services to interfere with
the use of the Hunter network by other customers or
authorized users.
9. Any open wireless network is strictly prohibited. Any
type of unauthorized service sharing will be searched for
and immediately identified. Any Customer unwilling to
bring down any such network will be terminated
Each Hunter IP customer is responsible for the activities of its
customer base/representatives or end-users and, by accepting
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service from Hunter, is agreeing to ensure that its
customers/representatives or end-users abide by this Policy.
Complaints about customers/representatives or end-users of
Hunter IP Customer will be forwarded to the Hunter IP customer's
postmaster for action. If violations of the Hunter Digital Services
Acceptable Use Policy occur, Hunter IP customer's Products and
Services reserves the right to terminate services with or take
action to stop the offending customer from violating Hunter's AUP
as Hunter deems appropriate, without notice.
13.2 Terms of Service. To ensure that all Hunter Network users
experience reliable service, Hunter requires users to adhere to the
following terms and conditions. If you have any questions or
concerns regarding Hunter service, call the appropriate contact
listed on your monthly billing statement. High Speed Data
customers can contact (541) 772-9282 x2119 and Cable Modem
customers need to contact their respective ISP providers.
13.3 High Speed Direct Fiber Connection.
· No reselling of bandwidth services.
· Bandwidth use will be monitored at the Hunter Head
end.
Should a Business Service site exceed the maximum sustained
bandwidth contracted, you will receive a notification requiring your
service level to be upgraded to match the needs of your business
usage.
Web Hosting services are permissible uses, such as a marketing
firm hosting pages for their customers. Other services not yet
implemented may be allowed by written consent of Hunter
Administration.
Customer:
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C\TY RECORDER'S COpy
Page 1 /1
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541 ) 488-5300
2/28/2005
05807
VENDOR: 000082
HUNTER CONSTRUCTION INC
801 ENTERPRISE DR STE 101
CENTRAL POINT, OR 97502
SHIP TO: Ashland Fiber Network
(541 ) 488-5354
90 N. MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: Payable on receipt
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: ELECTRIC
Contact: Dick Wanderscheid
Confirming? No
12.00 Mo
THIS IS A REVISED PURCHASE ORDER
Internet Bandwidth
Agreement for 12 months
March 2005 to February 2006
3,000.00
36,000.00
30 Mbits Burstable Internet Bandwidth
$100.00 per Mbit per month
Agreement provided by Hunter
Communications
BILL TO: Account Payable
20 EAST MAIN 5T
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
36000.00
0.00
0.00
36,000.00
E 691.11.46.00.606900
36000.00
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Authori~ed Signature
VENDOR COpy
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