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6B(1) Blackthorn Golf Course Telephone System
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09/04/09 Meeting
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6B(1) Blackthorn Golf Course Telephone System
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9/3/2009 9:35:48 AM
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AT&T Equipment Solutions -Voice CPE Resale and Support Services <br />Addendum To Master Agreement <br />SRS Service Plan. Hardware, labor or maintenance costs associated with any upgrades are not covered and <br />any licenses/software that are added during the term of the SRS Service Plan will incur additional charges. In <br />accordance with this agreement, all system hardware upgrades, software upgrades, Moves, Adds, <br />Changes, and repairs must be performed by AT&T. Failure to adhere to this policy will result in additional <br />charges or cancellation of this agreement. <br />(iii) AT&T makes no guarantees as to the number of new software releases that will be released by the <br />manufacturer for the term of the SRS Service Plan. Once AT&T has approved a new software release for <br />general availability, the customer may notify their Sales Representative of their desire to upgrade. Failure to <br />upgrade to the latest software release may result in incompatibility with new or existing applications. Additional <br />charges will be incurred to upgrade if software level is not kept at the current level. <br />(iv) AT&T is not otherwise obligated to provide software release information, updates, upgrades or maintenance <br />service resulting in Software functionality which exceeds that expressly provided in AT&T's or its suppliers' <br />specifications at the time such Software was installed (including Year 2000 functionality). Section 3.9, of the <br />Master Agreement (Warranties; Disclaimer of other Warranties) applies to any software subscription by <br />Customer under this Section. <br />9. AGENCY <br />During the term of this Addendum, Customer will not permit any other person to maintain, repair or modify the CPE or to <br />connect any other equipment. To the extent necessary for AT&T to perform its Services under this Addendum, Customer <br />agrees that AT&T will be Customer's Site agent to represent Customer in any dealings with any telephone company or <br />government agency with respect to CPE maintenance provided hereunder. Customer assumes all ongoing responsibility <br />of directory listings, credit cards, system security, billing arrangements and other items not related to Equipment or <br />Services provided by AT&T unless expressly stated otherwise under this Addendum or some other express written <br />agreement between Customer and AT&T. <br />10. CHANGE IN EQUIPMENT <br />AT&T will have the right and option of conducting periodic equipment reviews for additions and/or deletions which may <br />have occurred and all service pricing shall be adjusted accordingly. In the event Customer elects to terminate portion(s) <br />or reduce the grade of the maintenance Services provided hereunder, Customer shall be liable for fifty percent (50%) of <br />the fees for the terminated or reduced portion of the maintenance for the remainder of the term of this Addendum plus any <br />non-recoverable costs including, but not limited to, those amounts paid or due and payable to third parties as incurred by <br />AT&T directly in connection with the provisioning of such Equipment and Services for Customer. <br />11. RENEWAL <br />Unless terminated by either Party upon at least thirty (30) days written notice prior to expiration of the then existing Term, <br />and to avoid Service interruption, the then current Term of any services included in this Addendum shall automatically <br />extend for consecutive one (1) year Term(s) at AT&T's then current pricing for such Services. Upon extension of any <br />Maintenance or Service Plan, the services provided by AT&T shall remain unchanged (except with respect to pricing) <br />unless both Parties agree in writing to any changes at the time of extension. AT&T may only increase the price of the <br />Maintenance or Service Plans provided herein at: (i) the expiration of the initial term; (ii) commencement of any <br />subsequent extension term; or (iii) the time Equipment is changed, upgraded or added to this Addendum. AT&T will <br />provide Customer with athirty-day notice of such increases. <br />12. AT&T CAPITAL SERVICES ("AT&T-CS") FINANCING OPTION <br />^ [Customer initials] <br />Customer elects to finance the Total Purchase Price through AT&T-CS. Customer hereby requests that AT&T invoice <br />AT&T-CS and arrange for payment as described below: <br />AT&T will invoice Customer in care of AT&T-CS for 100% of the Total Purchase Price upon Cutover (as defined in the <br />Agreement) and the invoice shall be paid promptly after its delivery to AT&T-CS, provided that all required lease <br />documentation has been properly executed and received by AT&T-CS. If all lease documentation is not executed and <br />received by AT&T-CS, Customer agrees and will pay the Total Purchase Price to AT&T upon receipt of an invoice. <br />END OF DOCUMENT <br />AT&T and Customer Confidential Information <br />Addendum_Voice_CPE_Support_Services Page 7 of 7 Revision Date 03/10/09 <br />STANDARD <br />
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