Software Agreement - Cogent Communications Inc - ISP Provider for the MPAC Wireless Improvements

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cogent Customer Service Delivery Information Dedicated Internet Access Customer Order Form North America TenanUDatacenter Name City of South Bend Node ID 38959-0 Service Address Suite / Floor 1440 Ignition Drive South Data Realty City, State, Province South Bend, IN Postal Code 46601 Country USA aervice oei vniy arvays lanes piece at uogem uemarcauon roimas cornea in me attached Product Rider. Delivery Contact Name Michael Sniadecki Telephone (574) 245-6004 Cellphone Fax Email msniadec@southbendin.gov Cogent Contact Information Cogent Company Contact Location Washington, DC Address 14G: 2450 N Street, NW Washington, DC 20037 Phone 202-295-4200 Fax 202-318-2558 Service Provisioning sd@coger)Lco.com Customer Care support@cogentco.conl Contract Documents The entire, Customer Subscriber Agreement (GSA), entered into between Customer and COGENT, is made up of the documents listed here. Capitalized terms are defined in the text of the Terms or Definition section of the Terms. All prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning such Services, are superseded. Customer certifies that the documents constituting the GSA are the documents and forms that have been supplied to Customer by Cogent and that Customer has made no changes to them. Notes Cogent Communications, Inc,, 2450 N Street, NW Washington, CC 20037 omm. cogerftco. com Customer Contractinlq & Billinct Information Company Name City of South Bend Billing Address 227 W. Jefferson Blvd Suite / Floor Floor 12 City, State, Province _ - South Bend, IN Postal Code 46601 Country USA. Company Registr. Ni Tax / VAT ID Number Request for consolidated billing (one account / invoice for multiple ports in the same country)' - uonMiaareo oiling requests mist ne ravoawea ano approver oy argent. Billing Contact Name Accounting Department Telephone (574) 235-9216 Cellphone Fax Email sbitinvoices@southbendin.gov Sales Name Ruth Keefer Account Manager Phone Email 312-960-6902 _._..._ rl<eefer@cogentco.com Sales sales@cogentco.com Billing bill ing@cogentco.cam Termination terms@cogentco.com (1) Order Form (2) Terms, as attached (initialed by Customer) (For current customers, if Terms are not attached, the current Terms remain in force) (3) SLA(tittp://www.cogentco.comlfiles/ps—intcrneUSLA—br__intemet,pdo (4) Product hider, as attached (signed by Customer) (5) Any other Rider or Addendum, as attached {signed by Customer) For the Service ordered ' hereunder, Cuslonter will receive a credit tram Cogent for the port -related monthly recurring Service charges for the first full calendar month of Sorni provided, however, that Cogent shall invoice Customer and Customer remains liable for the Initial Costs for the Service, (it) all applicable Taxes for the Service, (ill) any charges for Virtual Circuits or Service Options set forth on the Order Form (e.g., IP Address allocation BGP Flouting or Cabling) and (iv) all charges for usage above the committed bandwidlh. Custnmex wi i nor receive any credit for any partial month prier to the first full calendar month of Service. The credit vnh appear on Customer's initial invoice for Service, capitalized terns are used as defined in the GSA. Notwithstanding Section 1.2of the Terms.,. at the end of the Initial Term, the Service ordered hereunder will renew on the some price, forms and conditions for successive mono-to-nxanth Renewal Terms unless and until lermiinaied or amended as provided in the CSA. Signatures By slgning below, Customer affirms and acknowledges that it has read the entire CSA and agrees to be bound by the provisions thereof, For Customer Signature Printed Name Title Date 3flmM o For Cogent Communications, Inc. Signature Printed Name Title Date CIA Layer 3 Order Form V4-39 Cogent Corrmunieatians Confidential Page 20