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Home My WebLink About830733.tiff RESOLUTION RE: APPROVAL OF SERVICE/PURCHASE AGREEMENT BETWEEN WELD COUNTY, COLORADO AND AMERICAN BELL, INC. AND AUTHORIZATION FOR CHAIR- MAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, it has been brought to the Board' s attention that Mountain Bell is unable to provide services for equipment and networking for the Weld County Communications Department, and WHEREAS, a transition will be made delegating the responsi- bility for equipment services to American Bell, Inc. , and WHEREAS, a service/purchase agreement between Weld County and American Bell, Inc. has been presented to the Board of County Commissioners, a copy of said agreement being attached hereto and incorporated herein by reference, and WHEREAS, the Director of Communications has brought it to the Board' s attention that, during the transition period of American Telephone and Telegraph' s restructuring, each time telephone equipment changes are made it will be necessary to have a new agreement, and WHEREAS, the Director of Finance and Administration recom- mends that, for the purpose of administrative expediency, the Chairman of the Board and the Commissioner Coordinator for Com- munications Services be authorized to sign all those purchase/ service agreements with American Bell, Inc. which are for an amount less than $2,000 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement between Weld County and American Bell, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board of County Commissioners and the Commissioner Coordinator for 83O733 I "71:1 Q.,WVO004 Lcr Cc� Page 2 RE: AGREEMENT WITH AMERICAN BELL, INC. Communications Services be, and hereby are, authorized to sign all purchase/service agreements with American Bell, Inc. , which are for an amount less than $2,000, on behalf of Weld County, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D. , 1983. BOARD OF ATTEST: 10 �� WELD COUNTY,JN COMMISSIONERS COLORADO 11 Weld County Clerk and Recorder 2E-42 and Clerk to the Board C CCar , Chairman By ,, p7 ( is-atiet..)D,puty County Clerk JT. Martin, APPROVED AS TO FORM: _Ley r ras Gene R. Brantner ounty Attorney Norman Carlson J cqu�ine Joh s nJoh s n DAY FILE: March 7, 1983 SAS Contract Na.A 00 0 3 5 0 9 9 SERVICE/PURCHASE AGREEMENT American Bell Inc.("ABI") Customer Name Weld County ("Customer") Address 6200 South Syracuse Way Address 915 10th Street Englewood. Colorado 80111 Greeley, Cnlnradn 80831 ABI and Customer agree that the following terms and conditions will B. ABI will provide,at no extra charge,such training,instruc- apply to any order under this Agreement for the provision or sale of tional material and other support services as is standard for the products and services tO Customer by ABI. product or service ordered. Additional training, instructional I. COVERAGE material and support services may be available for an additional charge. ABI will provide for Customer's use the communications and information systems products and services set forth in any Ser- C. Customer agrees to use the products and perform any vice Agreement Equipment Supplement or other service order authorized installation and maintenance on the products in a and will sell the products set forth in any Purchase Agreement careful and proper manner and in accordance with any manuals Equipment Supplement or other purchase order. Title to and instructions provided by ABI. Customer will not perform, software and other programs used with the products shall remain or permit others to perform,any installation or maintenance un- with ABI or its suppliers. All orders placed by Customer and less it is expressly authorized by ABI and will pay the cost of accepted by ABI will become an integral part of this Agreement. repairs necessitated by unauthorized work. D. The products shall be used by Customer only at the loca- S. TERM tion(s) specified in the Service Agreement Equipment Supple- ment or other service order and shall not be removed or relocated A. This Agreement will become effective when signed by Cus- tomer and subsequently accepted in writing by ABI and will con- by Customer except as expressly authorized by ABI. tinue until terminated as provided herein. Any order under this E. Customer will not make any modifications in the products Agreement will be effective when placed by Customer and ac- without the written permission of ABI.If,in the opinion of ABI, cepted by ABI. any modifications,whether or not made with the permission of B. For products provided under a Service Agreement Equip- ABI,interfere with the normal operation or maintenance of the ment Supplement or other service order, the service period will products or create a safety hazard,Customer will,at its expense, begin the day following the date the product is installed, if in- remove the modification or pay any additional costs ABI incurs stalled by ABI, or on the day following the date of delivery to because of the modification. • . Customer if not installed by ABI.Upon expiration of the service F. During the term of this Agreement, Customer shall permit period,the order will be automatically renewed for a like period ABI reasonable access to the products to enable ABI to perform or for the next shorter period if the original one is not offered at any necessary inspection,testing,maintenance or repair. the time of renewal, unless written notice to the contrary is re- ceived by either party from the other at least ninety (90) days 5. SERVICE AGREEMENT UPGRADES,ADDITIONS AND prior to the expiration of the service period.If the service period PAYMENT OPTIONS is less than ninety(90) days, thirty(30)days' notice will be re- quired.Renewals will be at the price and on the terms and condi- A. The Service Agreement Appendix attached hereto and in- tions of ABI then in effect at the time of renewal. corporated by reference sets forth the terms and conditions upon which upgrades and additions may be made to products provided 3. INSTALLATION to Customer under service orders. A. ABI will install the products provided under a service or B. The Service Agreement Appendix also sets forth certain purchase order if installation charges are separately set forth on Customer options with respect to changes in service periods and the Equipment Supplement or other order. Customer agrees to lump sum payment. , pay such charges. Customer agrees to provide the proper envi- ronment and electrical and telecommunications connections as 6. PRICE AND PAYMENT specified by ABI. A. Service Orders. Products and services will be provided at B. ABI will make reasonable efforts to complete installation/ the charges and for the period specified in the Service Agreement delivery of the products or services by the installation/delivery Equipment Supplement or other service order. Monthly charges date set forth in the Equipment Supplement or other order and will he billed in advance. One-time charges will be billed as in- will notify Customer as soon as practicable of any delay. Cus- curred. Payment is due within thirty (30) days of the invoice tomer agrees to notify ABI as soon as practicable if Customer date. When a produce is installed for part of a month, the requires postponement of the installation/delivery date. monthly charges will be prorated on the basis of a thirty(30)day C. If ABI performs any moves or changes or other special scr- month.A minimum of three(3)months'charges will apply on all vices for Customer, Customer agrees to pay ABI's applicable products initially provided on a month-to-month service period. charges. B. Purchase Orders. Products will be sold for the charges set forth on the l'urchasc Agreement Equipment Supplement or !. USE AND MAINTENANCE UNDER.SERVICE ORDERS other purchase order. Payment is due within thirty(30)days of A. ABI will maintain in good working order during the service the invoice date. Both new and used products will be available period products provided under Service Agreement Equipment for sale. Ptuducts sold as new will qualify as new under existing Supplements or other service orders. Federal tax laws. -.. 2 • • 7. APPLICABLE PRICES rangy will only apply to products located within the contermi- •• The prices set forth on any Equipment Supplement or other or- noun forty-cigln (4A)United Slates. • • der are those that will apply for the scheduled installation/dcliv- 3. If Customer modifies any product during the warranty • - • cry date shown on the order. If installation/ delivery is post- period and such modification impedes ABI's testing or re- poned by Customer more than thirty(30)days,the prices will be pairs of the product or creates a safely hazard,the nindif Ica- r,.. those in effect on the new installation/delivery date- lion will be removed at Customer's expense,or Customer will • 8. TAXES , pay any extra costs ABI incurs because of the modification. • Customer agrees to pay any sales, use or other local, slate and C. The warranties provided herein do not cover damages, de- • Federal taxes,however designated(excluding taxes on ADI's net feels, malfunctions or service failures caused by:• income),imposed on or based upon the provision,sale or use of 1. Customer's failure to follow ABI's installation,.opera- the products or services provided under this Agreement. Taxes tion or maintenance instructions; will be separately stated on Customer's invoice or statement of 2: Customer's modifications of the products; • . account. • 3. Customer's abuse,misuse or negligent acts;and 9. SHIPMENT • 4. As to sold products only, power failure or surges, fire, - • All shipping, rigging and other destination charges will be in- flood,accident,actions of third parties and other events out- ' _ voiced by ABI and paid by Customer. side ADI's control. 10. TITLE AND RISK OF LOSS .. U. EXCEPT AS SI'EC!!ICALLY MADE HEREIN, ABI • A. Service Orders. AND ITS AFFILIATED SUBCONTRACTORS AND SUP- ' I. All products provided under service orders will remain the PLIERS MAKE NO WARRANTIES, EXPRESS OR IM- • PLIED. AND SPECII'ICAI.LY DISCLAIM ANY WAR- personal property of ABI whether or not attached to or RANTY OF MERCHANTABILITY OR FITNESS FOR A embedded in realty. PART lCULAR PURPOSE. 2. ADI will bear the risk of loss or damage to the products, • • except that Customer will be liable to A131 for the cost of .. • repair or replacement of products lost or damaged as a result IJ, P,ITIiA'7-AND COPYRIGHT INDEMNITY • of any Customer's negligence,intentional acts,unauthorized ABI will del end or settle,at its own expense,any action brought installation or maintenance or other cause within the reason- against Customer to the extent that it is based on a claim that any able control of Customer,its employees or agents. productls)provided by ABI pursuant to this Agreement infringe B. Purchase Orders. any 1.1.S.copyright or patent;and ABI will pay those costs,dam- I. For products not already in Custoter's possession, title ages and attorneys'fees finally awarded against Customer in any shall pass to Customer on the dale of shipment from AB1. such action attributable to any such claim,but such defense,set- For products already in Customer's possession, title shall tlenicnts and payments arc conditioned on the following:(1)that pass to Customer on the date Customer's order is accepted by ABI shall he notified promptly in writing by Customer of any ABI. such claim;(2)that ADI shall have sole control of the defense of • 2. For products not already in Customer's possession, risk any action on such claim and of all negotiations for its settlement of loss passes In Customer when the products arc delivered to or compromise: (3)that Customer shall cooperate with ABI in a • Customer. ABI will bear the risk of loss to products while in reasonable way to facilitate the settlement or defense of such claim: • transit to Customer.For products already in Customer's pos- (41i hat such claim does not arise from the use or cowbina- session, risk of loss passes to Customer on the date Cox- lion of products provided by Alit with products provided by homer's order is accepted by ABI. others;and(5)should such products)become,or in ABI'.opin- ' ion be likely to become, the subject of such claim of inlringe- • 11. SECURITY INTEREST tnent, then Customer shall permit ARt.at Allis option and ex- pence, either to (a) procure for Customer the right to continue A. ABI or its assign shall have a purchase money security inter- using the pt mittens).or(b)replace or modify the same so that it ' est in any and all products, together with all proceeds and re- becomes nonint ringing and lunetinially equivalent, or(c)upon placements, sold or provided to Customer pursuant to each or- failure of gal and (b) above despite the reasonable efforts of der under this Agreement until all charges, including installation ,\gI, for a sold product, btiy back the product(s) at the Cux- • i. charges set forth on that order are paid in full. tamer's purchase price, less depreciation calculated a, an equal s' B. Customer agrees that ABI may file or record this Agree- amount per scar over the life of the product as set by ABI;or for , ', meat,any orders placed hereunder and any other applicable doe- a product provided tinder a service Older,terminate without pen- • ' • ument as may he necessary to protect the interest of AM or its alt y Cnsttnnei use of the product(s).This Section states the en- assign in the produces. Customer agrees to execute and deliver tire liability of Mil with respect to the infringement of copy- ` any documents reasonably requested by ADI for such purpose. rights and patents by the products provided hereunder or the operation thereof. 12. WARRANTY AND DARR.4NTY EXCLUSIONS A. Service Order. ABI warrants that all products pros idcd for Customer's use under service orders will be in good working or- 14. .SOF'TII:I Hl AND OTM!'R INFORMATION . der on the date their service period begins and that ABI will re- Any and all documentation,infhrnaation and softvs are owned by pair the products,without charge for pat is and labor,if they fail A131 and its suppliers and provided to Customer by ABI for use • • . to work during the service period or any renewal service period. with merinos provided to Cusontet under this Agreement shall • B. Purchase Order. I(main the poverty of ART All! hereby grants Customer a per- sonal, nonhansferablc aid nonexclusive license to use all such I. ABI warrants that all products sold to Customer will be documentation, technical inlet nlanion,confidential business in- in good working order on the ttats• title passes to C ostomet. for ntattan and all cuflm arc and metaled documentation, in what- and that ABI mill repair the pinducis, without charge for ever loan recorded (:d1 het cinalter dcstfna tell "irdirrnatiun"), 1, fY parts and labor,if They fail to work,if Customer notifies,1131 is high arc fin mished to Ct denser tinder(It in contemplation of within one(1)year from the date title passes to Costume, of this:\r,tconrm,subject to the following(cam and conditions: t , such failure. If AM determines that the product cannot be ! ''•i ' placed in good waking anger. Altl, at its option, may gin let I. All such inf°rotation shall rennin the property of AM or its replace the product or refund the pnrclrace price. R(pail .unglue. parts may be new or equivalent to new in performance. They 2. Saelt inlaro,allon: • • will be furnished on an exchange basis, and the returned co shall hu used by Cnstomer only ro inlet or to evaluate parts will become the property of AIII. . tor dim pnrposc Allt products, or to install operate, or 2. During the •period,Customer mill advise API of maintain the particular `• y I realm for which it was initially 7! any change in the street address of the products. The way- fug niched; - 3 .. • (b) shall be used solely for Customer's internal business ity to secure products,transportation facilities,acts or omissions purposes; of carriers, or other causes beyond its reasonable control, • (c) shall not be reproduced or copied,in whole or in part, whether or not similar to the foregoing; except as necessary for use as authorized herein;and 3. ABI shall not be liable for any delay,loss,damage or prod- • (d) shall, together with ally copies thereof, be returned or uct failure attributable to any service, equipment or actions of . destroyed,or may,if in the form of software recorded on an any person other than ABI,its employees and agents; erasable storage medium, be erased when no longer needed 4. Any legal action arising from or in connection with(a)any or permitted for use with the product for which it was ini- product defect or any partial or total failure in any product or • - -+1 tially furnished. service provided to Customer, or (b)any installation, mainte- 1 3. Unless ABI consents in writing,such information except for name or repair work performed for Customer,.must be brought any part thereof which is known to Customer free of any obtiga_ wit hits two(2)years after the cause of action arises;and Lion to keep in confidence,or which becomes generally known to 5. It is understood and agreed that ABI is not an insurer and t the public through acts not attributable to Customer or is inde- that the prices of the products and services, including installa- . pendently developed by Customer,shall be treated in confidence lion,maintenance and repair,provided,sold or performed here- by Customer. under are based solely on their value and the scope of the liabili- 4. Such information may be disclosed to other persons, solely tics set forth in this Agreement and are unrelated to the potential • for the purpose of installing, operating or maintaining the par- for indirect, incidental, consequential or other damages. ABI titular product for which it was furnished, provided such other and Customer agree that this allocation of risk and liability is • person agrees in writing to the same conditions respecting use fair,reasonable and not unconscionable. and confidentiality of information contained in this paragraph 14 and ABI is furnished with a copy of such writing. 13. EXCLUSIVE REMEDIES 17. TERMINATION . A. If Customer experiences a defect or any partial or total fail- A. This Agreement and any service order which becomes part ure in any product or service provided under this Agreement, of this Agreement may be terminated by Customer on thirty(30) Customer shall,as a condition to any claim for refund or recov- days' written notice to ABt. If termination precedes expiration cry of damages,promptly notify All., of the service period shown on any service order, Customer will • B. If a failure or defect in a product under a service order tun- be liable for termination charges as follows:one-half(1/2)of the times for more than twenty-four(24)hours,Customer's account monthly payments fur the original term or 70 percent (70%)of then shall be credited in an amount equal to any recurring charge • the sum of all remaining monthly payments,whichever is less. If applicable to the failed or defective products or services for the any service order is canceled prior to installation/delivery, Cus- period of such failure or defect. tomer will pay AIMfor the costs incurred by All in preparing to • provide the products or services canceled, not to exceed the ter- C. Customer's sole remedies against ABI or any affiliated sub- minat ion charges. contractor or supplier for loss or damage caused by any product Accepted fed • or any partial or total failure of any product or service D purchase orders for products, which are unde- defect provided under this Agreement or arising front the performance, livered on the date of termination of this Agreement, shall be delays, or nonperformance of any installation, maintenance, filled under the terms of this Agreement. warranty or repair work under this Agreement;regardless of the C. Customer may terminate this Agreement,subject to accrued form of action, whether in contract, tort including negligence, charges but without liability for termination charges,if A➢1 fails . strict liability or otherwise, shall be, where applicable 0) C'us- to perform or observe any term or condition of this Agreement , toner's right to receive the repair or replacement service and such failure shall continue unremedied for thirty (30)days described in Section 12,(ii)Customer's right to receive the credit after ADP's receipt of notice thereof from Customer. ABI may set forth in (B) above for products provided under service or- terminate this Agreement or any service orders or unfilled pur- ders,(iii)Customer's right to terminate under Section 17(c),and chase orders accepted hereunder, and Customer shall be in de- (iv)the lesser of(a)the amount of actual direct damages which fault of this Agreement, if Customer fails to pay any charge are proven or (b)the equivalent of one (I) month's recurring when due or fails to perform or observe any other term or condi- charges for the products or services directly involved which Lion of this Agreement and such failure shall continue unreme- . would apply if they were provided on a month-to-month service died for thirty(30)days after receipt of notice thereof from ABI. agreement at the time of loss. In the event of such termination by ABI,applicable termination D. The foregoing remedies of Customer,together with the rem- charges tinder service orders will apply. edies provided in the section entitled "Patent and Copyright Inv D. Upon tee urination of this Agreement or any service orders . demnity," shall be exclusive of all other remedies at law or in hereunder, Customer will make the products provided under all equity except for Customer's right to claim damages for bodily affected service orders available for removal, which shall be ac- injury-to any person caused by the negligence of ABI. complished in a careful and reasonably expeditious fashion.The 16. LIMITATION OF LIABILITY products will be returned to All in the same condition as origi- nally installed, ordinary wear and tear excepted, or Customer Notwithstanding any other provision of this Agreement: will pay for the restoration of the products to such condition. I. Neither ABI nor its affiliates, subsidiaries, parent corpora- Alit shall not be obligated to restore the premises to their origi- tion,or any of its parent's affiliates or subsidiaries shall be liable nal condition. If Customer does not make the products available for any indirect,incidental,or consequent ial damages(including for removal by All!,then in addition to all other remedies at law lost profits) sustained or incurred in contention will instlla- or equity available to ABI all obligations of Customer under .his lion, maintenance or repair work periotmed under tins Agree- Agreement shall remain in forte and effect until removal is ac- ment or the use of operation of the Irotlucis anJ snsiccs pro complished. The charges paid by Customer for the services dur- vided or sold hereunder, regm Mess of the Form of action. ire such puiud shall he A➢1's then current charges for the ser- whether in contract, tort including ntt'ligence, stria liability or vices when provided nu a month-to-month basis in lieu of any otherwise, and whether or not ,rich damaacs wet.. foreseen Of other chat@es listed in the service order. unforeseen; ` 2. Neither ABI nor its aiiiliaues. ;ubsit6ntiec. patent corpora. Lion,or any of its parent's affiliates or sub,idiar its shall he liable • in any way fur dcho, failure in pct fur riuuuC-, Iry,of d:ntnpe doe A. .11:1!(;\'.lull.\'/' to any of the Fulton in; tore' urtjcritc cundilintn: tit c, sir il.c, cntbargn, cspinsism, 11115551 Hai-Lola, Canityu,l.c, t„I;dni: arc- "Ill', \crctancul is not a^i;;uahle by either party without the non, flood, war, "ate', Ilk clentrutn,lah.n di•.t:ut:. chit th•tui n linen rom.oul ''I the nutter; esccpt War Ant may.without Ctn- hances,govet nnt.,nl rcgt't;cnumi,:istlon Indira,r,onhot its, it Is tomer'.nnoeul, a-si,n kits.'t'leetnc-lt to an affiliate cc subsidi- el(had or public aucnly. its:d.ilil) II secutc ILM Ill gist iaL.,in:tbil- :u y 01 nv,i;v IF I i..bl Its receive payment hereunder. ' 4 • 19. SUBCONTRACTING B. If any term or provision of this Agreement shall be held AIM may subcontract any or all of the work to be perfot med by invalid or unenforceable, the remainder of this Agreement shall it under the terms and conditions of this Agreement but shall mn be affected thereby and each term and provision hereof shall be valid and enforced to the fullest extent permitted by law. retain responsibility for the work subcontracted. 10. GENERAL A. Any supplement to or modification or waiver of any provi- C. This Agreement shall be construed in accordance with and sion of this Agreement must be in writing and signed by author- governed by the laws of the State of Newlersey. ized representatives of both parties;except that AID may, upon ninety (90) days prior written notice to Customer, modify the terms and conditions of this Agreement, which modifications D. TIIIS IS THE ENTIRE AGREEMENT BETWEEN THE shall be effective only as to renewals and new orders placed by PARTIES WITH It1:S1'ECT TO 771E PRODUCTS AND SER- Customer and accepted by AM after the effective date of such VICES PROVIDED HEREUNDER AND SUPERSEDES ALL • modification. Variances from this Agreement in any Customer PItlOlt AGREEMENTS, PROPOSALS OR UNDERSTAND- order will be of no effect. INGS WIIETHER WRITTEN OR ORAL. • AMERICAN BELL INC. • Received by: • Accepted by: By: (Authorized Signature) ' Weld County • omen) (Typed Name) • By: Authorized Signature) (Title) Chuck Carlson at: (Typed Name) (Address) • • ' Chairman, Board of County CofnRissioners (Title) on: March 2, 1983 On: (Date) (Date) • • i :. (dAAAA.? - d Ccipty Clerk and Re./r.- SERVICE AGREEMENT APPENDIX A. Definitions 4. Alternatively, Customer may select, from those then + I. Upgrade. An upgrade is an enhancement to an in- made available by ABI, a service period equal to or stalled system involving a major common equipment shorter than the time remaining in the existing s ys- and/or software substitution. tern's service period. If the payment period selected for the addition(s) is shorter than the existing sys- 2. Addition. An addition is the provision of addi- tern's service period, Customer must, upon expira- tional or supplementary equipment or software to an tion of that shorter service period, either have the installed system, not classified as an upgrade. addition(s)removed or select a new service period,in 3. Service Period. The service period is the term selec- accordance with paragraphs 2, 3 and 4 herein. ted by Customer, from those offered by ABI, during 5. Termination charges will apply in the event of dis- which a product or service is to be provided by ABI continuance of an addition prior to expiration of its at specified charges. selected service period. ! B. Classification ABI will determine whether an approved service modification constitutes an upgrade or an addition. E. Changes in Service Period I. Subsequent to the establishment of service for an C. Upgrades item of equipment or a system, Customer may re- quest that the existing service period be replaced by 1. An upgrade may be requested at any time prior to expiration of the service period. any other service period then offered by ABI for the item or system for which the request is made. ABI's 2. An upgrade results in termination of the previously then current charges for the service period selected installed service, and applicable termination charges will apply. (if any)must be paid by Customer for any equipment 2. No credit will be given for payments a menu made during the removed to effect the upgrade. original service period, but one-time charges will not 3. Customer must enter into a new agreement with ABI be reapplied. covering both the newly installed equipment and any 3. Termination charges for the original service period common equipment remaining from the original system. will apply if the new service period is shorter than the remainder of the original service period. 4. The terms and conditions of the new agreement (in- Including available service periods and charges)will be 4. eq the case of thea service period change for anbe item of er those then currently offered by ABI, except that the equipment, new service period must be shorter new agreement must have a service period longer than the time remaining in the service period for the than one(I)month. Customer will not be required to system as a whole. pay installation charges on any equipment remaining from the original system. D. Additions F. Lump Sum Payment 1. Equipment can be added to an existing system at 1. At any time, Customer may prepay the total out- Customer's option. ABI's then current charges will standing monthly charges to become due under Cus- apply to the addition(s). tomer's Agreement with ABI. Payment of less than the total outstanding is not permitted. 2. If at least thirty (30) days remain in the existing sys- tem's service period, Customer may elect to include 2. For prepayment of six (6) or more monthly pay- the addition(s)on the existing agreement and to pay menu,the amount due will be reduced by an e amount for the addition(s)over the remainder of the existing equal to the total of the monthly charges remaining system's service period. ABI's then current charges multiplied by the product of the number of months for the addition(s) for that service period will be im_ Prepaid and a factor based on then current ABI dis- posed; if ABI does not then offer that service period count procedures. for the addition(s), the charges for the addition(s) 3. Customers who change the length of a prepaid ser- will be those for the longest available service period %ice period will be credited any unused portion of the that is shorter than the existing system's service prepayment, subject to applicable termination period. charges,if any,as specified in paragraph E.3,above. 3. If less than thirty (30) days remain in the existing 4. Customers who terminate service prior to the expira- system's service period, the addition(s) must be Lion of a prepaid service period will have termination placed on the one (1) month service period at the charges deducted from the unused portion of the then current rates and charges for that service prepayment; any balance will be credited to period. Customer. Service Agreement Equipment Supplement 9 0035000 Contract No.0>F1XjCffk1�Xa9c3 2 Supplement No. vv...r.r.. f Order No. Customer Name American Bell Inc. i Weld County Address Branch Address 915 10th Street 6?nn cnuth Syracuse Way City State Zip City State Zip Greeley f:nlnrarin RfIR41 Englewood C,,le,,,,k, 00111 Customer Requests The Provision Of The Following Products/Services Subject To The Terms And Conditions Of The Contract Referenced Above. Installation/ Term Monthly Monthly Up Front Item Code (Months)* Quantity Charge Charges (One-Time) Product/Service Description Per Unit Charges 10 But ECTS 3140-010 M 1 $16.00 $16.00 $24.0C 20 But ECTS 3140-020 M 1 26.00 26.00 30.0 Wiring-Time and Material 0100-000 * RMATS translation Time 0400-000 * *Charges to be time and materials ac;ual. Subtotal From Attached 1 I Additional Pages Subtotal $54. Shipping 3. Amount Of Advance Payment Total $42.00 $57.1 *• A Minimum Of Three(3)Months'Charges Will Apply To All Products Initially Provided On A Month-To-Month Service Period. Equipment Location: (Address) 915 10th Street American Bell Inc. - ' City State Zip Received By: Greeley Colorado 80631 Accepted By: • Scheduled Installation/Delivery Date: March 3, 1983 Authorized Customer Signature Authorized Signature Typed Name Typed Name Title Title Date Address City • CState Zip Date Hello