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1997 Option S Agreement
AT&T tag4 ex- �� /"d- ATM" Option S Agreement FOR OFFICIAL USE ONLY Com Name 1�14-alE c 4-y e VDr AT&T Branch otcW F,ert/.e sz Contacts Name/Tide ee✓/tF `(/.;4- 6•55iN�ciZ Address p c5 Lam' Ae24-i -5 Contact Name/Tale /wlb e?)rXet�S Addiess/(lto /fi a3 'Sr �y� (JLY/Q"/a/ etkeitea4- 95(7? City State Zip Code Kr— y r3/5 P g y4)r Aiae-eb Contact Phone Number ,Y3/ / / City Sate Zip Code Contact Phone Number 5'5( 800#(s) Customer Account No ,w9 /i3 Mg do( The terms of service Ivst pnces andTerm Plan Discounts are provided in theTariff The Term Plan Discount rates listed below are in place of the term plan or similar discount rates provided in Section 6 13 4 of AT&TTanff FC C No 1 A summary ofTanff terms and additional terms and conditions are lusted on the back of this form Inbound Domestic Outbound International Outbound Team Discount Discount Discount ❑Monthly 37% 37% 37% j12 Months 43% 40% 42% 024 Months 45% 42% 42% 036 Months 479' 449' 42% GrossAverageg Monthly Commitment Level ICS! $200 ❑$1 000 0$3 000 0 $5 000 ❑$7 000 The Gross Average Monthly Commitment must be met each month subject to annual review If the commitment is not met a bill will be rendered for the difference between the committed amount for the period and the actual billed amount Certain calls such as directory assistance 900 and conference calls do not count towards meetmg the commitment The Service and pnnng Plan you have selected will be govemed by the tans and terns and conditions in the appiopuate AT&T Tangs as may be modified from time to time Your Sig<iatute acknowledges that you understand the temis and conditions under which the Service selected will be provided and that you are duly authorized to make the commitment and to order service for each of these locanons CustomerAuthonzed S Date Form CT -4 Sales Manager Signature Date 11/96 ©AT&T 1994 If 12803 Page 1 of 2 AT&T Option S Terns and Conditions The following is a summary of certain Tanff and Contract Tanff terns and a listing of addrtional terms For complete rates terns and condrtions plPP°P consult the currenttext of Section 613 4 of the AT&T Tanff FC C No 1 and all applicable promotional sections of that tariff and Contract Tanff No 3962 or its successor on file with the Federal Communications Commission (collectively the "Tanff) SUMMARY OF IMPORTANT TARIFF TERMS Service Offered AT&T Option S offers basic transport service It excludes other plans and options such as Billing Edge Multi Location Billing Geographic Restrictions and Global Business Advantage Charges for Service, Revenue Commitment Basic usage rates for outbound and Toll Free service are specified in Section 613 4 of AT&T Tanff FC C No 1 Certain discounts are also specified in the Tanff depending upon the term and usage commitment selected In addition if you wish to establish inbound service on your AT&T Option S plan there is a $10 00 per month recumng charge Additional charges may apply for inbound service from Canada Conditions of Service This offer rs also conditioned upon initial and continued Tanff effectiveness Any conflict between this summary and the terms of AT&Ts Tanff must be resolved in favor of the AT&T Tanff Service will commence under this Agreement as soon as AT&T can reasonably provision facilities Early Termination -Except when terminations are excused Customers who terminate thew AT&T Option S pnor to the end of the full term (or renewal tern) will be assessed a termination charge The amount will be the average monthly commitment for each month remaining in the term times 35°/ Availability -One AT&T Option S offer per Customer Customers AT&T Option S offer is limited to 20 locations and to monthly usage of no more than the amount specified in the Tanff Limitations of Lability -THE TERMS OF AT&TS TARIFF LIMIT AT&T'S LABILITY IN A NUMBER OF RESPECTS INCLUDING (AMONG OTHER THINGS) BARRING CLAIMS FOR CONSEQUENTIAL DAMAGES PLEASE CONSULT THE TARIFF FOR DETAILS ADDITIONAL TERMS NO WARRANTIES -EXCEPT FOR ANY EXPRESS WARRANTIES IN THE TARIFF AT&T EXCLUDES ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING (AMONG OTHER THINGS) ANY IMPLIED WARRANTIES OF MERCHANTABIUTY OR FITNESS FOR A PARTICULAR PURPOSE Governing Law -To the extent not govemed by federal law this Agreement shall be governed by the domestic law of the State of New York Publicity, Marks -Neither party shall publish or use any advertising sales promotions press releases or other publicity matters concerning or relating to this Agreement which use the other party s name logo trademarks or service marks without the pnor wntten approval of the other party Neither party is licensed by this Agreement to conduct business under any name logo trademark service mark or tradename (or any derivative thereof) of the other party Business Downturn -In the event of a business downturn beyond the Customer's control that results in the Customers inability to meet revenue and or volume commitments under this contract AT&T and Customer will cooperate in efforts to develop a mutually agreeable alternative proposal that will satisfy the concems of both parties and comply with all legal and regulatory requirements This provision shall not apply to a change resulting from a decision by the Customer reduce the use of telecommunications or to transfer portions of its traffic or projected growth to camers other than AT&T AT&T s relationship with Customer under this Agreement shall be that of an independent contractor Entire Agreement -THIS AGREEMENT AND THE APPLICABLE TARIFF CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SERVICES TO BE PROVIDED HEREUNDER. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS PROPOSALS REPRESENTATIONS STATEMENTS AND UNDERSTANDINGS WHETHER WRITTEN OR ORAL CONCERNING SUCH SERVICES OR THE RIGHTS AND OBLIGATIONS RELATING THERETO No change modification or waiver of any of the teens of this Agreement, except for effective revisions to AT&Ts Tanffs shall be binding unless reduced to writing and signed by authonzed representatwes of both parties Form CT -4 AT&T Page 2 oft Q U A R T E R L Y A N A L T S AT&T KEY BISCAYNE CITY HALL SAM KISSINGER 85 W MCINTIRE ST KEY BISCAYNE FL 33149 1845 11111 1111 11 1 1111 111 11 1.1,1.1.'1.1 1.1 1 5 Account "Number 019 123 8823 001 Maximum Advantage is a free quarterly analysis of all your AT&T services If we see a way for you to save money or itternianage your AT&T telecommunications services, well tell you on this sGrtement*Ym11 receive this free analysis for any month which you bill at least $200 on an eligible service. a Usage Profile Our Analysis Shows Based on Apnl May and June billing information Quarterly Usage What You Saved Yafre on the right plan — AT&T Business Service To get even more from your calling plan please see below for our latest recommendations $1 164 70 $164 40 Analysis based on average savings ofcustoms wth smaaspasdmg kvcls, • Savings and Service Ideas • Now you can use AT&T instead of BellSouth to automatically carry your Florida local toll calls and increase your calling plan discount • Yourmembeiship m Key Biscayne Chamber of Commerce saved you an additional $86 36 this quarter • Want to mcrease sales? AT&T Resources for Growth Marketing can help you target customers, increase advertising effectiveness and expand mto global markets Call for details (Please see tacit far details) Esnanatedquadedysavmgs. • Emerging Technologies • Explore a world of possibilities with AT&T WorldNee° Service Discover a new way to stay in touch — plus get ideas and information important to your business Call for details • Getup to 888 flee minutes when you sign up for an 888 toll free number Customers prefer to buy from companies with a toll free number So here s an easy way to increase sales (Please see bads far details) 1 800 481_9800 CaD us for more information or m take advantage of our iecommendanons Or tall the AT&T office in your area. AT&T For the life of your business.® fuaryamsm is between your eligible nage and usage for sdeaed services with sumtar aaoes type, S features, and revenue armaments. Ths does notconsidertimeamded promotions, contort turns, or seasonal cams trends; anent AT&Tbded castamns only 5 L03403 01134162 FLFTLAXC 16LE N CA " " " F o u r W a y s T o R e c e i v e M o r e I n f o n n a t i o n C a l 1 8 0 0 4 8 1 9 8 0 0 F a x t h i s s i d e t o u s a t 1 8 0 0 2 9 0 3 1 9 1 1 4 t a a 1 t h i s f o r m m t h e e n c l o s e d e n v e l o p e C a l l t h e A T &