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Home My WebLink AboutC20-433 Lumen Customer Name: EAGLE COUNTY - CO Order #: Q-01086055 Order Generation Date: 11/19/2020 3:30:25 PM Cutoff/Expiration Date: 1/3/2021 Currency: USD Opportunity ID#: 56976722 Page 1 of 4 CONFIDENTIAL OFC Customer Information Account Information Prepared By Name: EAGLE COUNTY - CO Primary Contact: Primary Contact Phone: Primary Contact Email: Billing Contact: Billing Contact Phone: Billing Contact Email: BPID: 1178963 Billing Account: Billing Address: P.O. BOX 850 EAGLE, CO 81631-0850 Contract ID#: New (Internal Use Only) Name: David Flierl Phone: 3039925570 Email: david.flierl@lumen.com Order Pricing Table Product Qty Service Address Service Details Service Attributes Term (Months) MRC NRC Waived NRC Fiber+ Internet 1 217 ELDON WILSON RD GYPSUM CO 81637 Adtran Netvanta 5660 Pro 50M 36 Months $109.00 $99.00 $99.00 Building Extension 1 Building Extension 36 Months $0.00 $0.00 1 Business Essentials - Standard Includes 10 Licenses 36 Months $0.00 $0.00 Service Sub Total: $109.00 $0.00 "Terms and Conditions for Fiber+ Internet Bundle Offer" Lumen provides Fiber+ Internet services under: (a) the Fiber+ Internet Package Attachment ("Attachment") and (b) the Domestic CenturyLink IQ Networking, Local Access, and Rental CPE Service Exhibits. The Attachment and Service Exhibits applicable to Customers purchasing Fiber+ Internet services for wholesale purposes are found at http://www.centurylink.com/legal/FiberPlus_Wholesale.pdf. The Fiber+ Internet Package type appears in the first "Fiber+ Internet" row under the "Service Attributes" column of the above table. The CenturyLink IQ Networking port is an Internet Port. The port bandwidth details appear in the first "Fiber+ Internet" row under the "Service Attributes" column of the above table. The Local Access bandwidth details appear in the first "Fiber+ Internet" row under the "Service Attributes" column of the above table. The package pricing includes the Local Access MRC and the Rental CPE MRC. Lumen will provide the rental equipment while Customer purchases the Services from Lumen. Lumen may provide equipment from various manufacturers at its discretion. The Rental CPE maintenance is ProMET On- Site Standard (8x5, on-site, next business day) maintenance unless "Pro MET 24x7 Professional" appears in the "Service Details" column of the above table. If "Pro MET 24x7 Professional" appears in the "Service Details" column of the above table, the Rental CPE maintenance is ProMET On-Site Premium (24x7, on-site, 4-hour response) maintenance for that location. There is an additional MRC for ProMET On-Site Premium maintenance. Customer's site must qualify for ProMET On-Site Premium maintenance. Upgrade/MACD pricing and Other Charges are per the online Rate Sheet located at: http://www.centurylink.com/legal/FiberPlus_offers/FiberPlus_offers_Rate_Sheet_v1.pdf ("Rate Sheet"). These rates may not apply if Service is being purchased for wholesale purposes. As part of the Service provisioning process, Lumen will identify whether Customer's Local Access functionality is IP Connection as described in the Local Access service-specific terms. If it is, Customer agrees to use the CenturyLink IQ Networking Internet Port only for the provision of either: (i) wireline broadband Internet access (as defined in applicable Federal Communications Commission orders and regulations), or (ii) wireline broadband Internet access plus additional information services, with wireline broadband Internet access constituting a principal use. If the IP Connection Local Access functionality is used in conjunction with a CenturyLink IQ Networking Private Port, Customer must, so long as the Private Port is used, either: (iii) have entered into an agreement or amendment directing Customer to the Network-Based Security ("NBS") service-specific terms and use NBS with the Private Port or (iv) use the Private Port in conjunction with an interconnected Internet Port in a multi-site configuration. In either case, Customer agrees the arrangement will be configured so each Private Port connection will be used consistent with the wir eline broadband Internet access usage limitations noted in (i) and (ii) above. No Resale. Customer warrants: 1) Services are for its own use and 2) it will not resell the Services or extend any Services for a fee to others, regardless of whether it qualifies as a reseller under the Telecommunications Act of 1996 or under state law, unless Service is purchased for wholesale purposes. If Customer orders Buildin g Extension Service, the Building Extension Service Service Schedule applies. A copy of the Building Extension Service Service Schedule is available upon request. Customer is currently eligible to receive the following optional business applications provided by Lumen with the Fiber+ Internet Bundle at no additional charge. Customer will receive a URL and temporary log-in credentials to access Control Center once Customer's order is submitted. Customer will need to sign on and change these credentials within 24 hours. Once Customer's circuit is live, Customer will be able to log in to the Management Console using those Control Center credentials. By signing on and activating the applications, Customer will be accepting the terms and conditions for usage of those applications. These optional business applications are governed by the terms and conditions found at https://apps.centurylink.com/terms-conditions and not by this Agreement. DocuSign Envelope ID: F9050A9A-02AA-4F86-88D8-36DC2FB6A96A C20-433 Customer Name: EAGLE COUNTY - CO Order #: Q-01086055 Order Generation Date: 11/19/2020 3:30:25 PM Cutoff/Expiration Date: 1/3/2021 Currency: USD Opportunity ID#: 56976722 Page 2 of 4 CONFIDENTIAL OFC Optional Business Applications Included at No Additional Charge Quantity/Details Microsoft Office 365 from CenturyLink 10 Business Essential licenses, includes email w/ 50GB storage Basic Web Hosting with Site Builder Tools 5GB Storage DNS Registration 1 Included Data Backup for PC and Laptop (not applicable to servers) 10 Licenses at 10GB each Cloud Fax 20 Inbound/Outbound Pages Search Engine Submission Attracta Customer may purchase additional CenturyLink business applications services at the following website: https://apps.centurylink.com/login. Additional charges will apply a Service(s) Total for Services priced in this Order Monthly Recurring Charges ($) Non-Recurring Charges ($) Total $ 109.00 $ 0.00 DocuSign Envelope ID: F9050A9A-02AA-4F86-88D8-36DC2FB6A96A Customer Name: EAGLE COUNTY - CO Order #: Q-01086055 Order Generation Date: 11/19/2020 3:30:25 PM Cutoff/Expiration Date: 1/3/2021 Currency: USD Opportunity ID#: 56976722 Page 3 of 4 CONFIDENTIAL OFC Terms and Conditions Governing This Order 1. “Lumen” is defined for purposes of this Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group and its affiliated entities providing Services under this Order. This confidential Order may not be disclosed to third parties and is non-binding until accepted by Lumen, as set forth in section 4. Customer places this Or der by signing (including electronically or digitally) or otherwise acknowledging (in a manner acceptable to Lumen) this document and returning it to Lumen. 2. Prior to installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors. Customer has 2 business days following notice to terminate this Order without liability; or otherwise, Customer is deemed to accept th e increase. 3. Unless otherwise agreed by the parties in writing, the demarcation point for on-net services will be Lumen’s Minimum Point of Entry (MPOE) at such location (as determined by Lumen). Off-net demarcation points will be the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third parties, Lumen is not liable for such services. 4. The Service identified in this Order is subject to the Lumen or CenturyLink Master Service Agreement(s) and applicable Service Exhibit(s)/Service Schedule(s) between CenturyLink Communications, LLC d/b/a Lumen Technologies Group and Customer (or its affiliate if expressly provided for under such affiliate Master Service Agreement). If Customer has not executed a Lumen or CenturyLink Master Service Agreement with CenturyLink Communications, LLC d/b/a Lumen Technologies Group but has executed a services agreement for applicable services with an affiliate of Lumen ("Affiliate Agreement"), then the terms of the most recent Affiliate Agreement will apply to the Service (to the extent not inconsistent with this Order); in such cases, the current standard Service Exhibit(s)/Service Schedule(s) applicable to the Services will apply. If Lumen and Customer have not executed a Lumen or CenturyLink Master Service Agreement and/or applicable Service Exhibit(s)/Service Schedule(s) governing the Service and have not executed an Affiliate Agreement, Lumen's current standard Master Service Agreement and Service Exhibit(s)/Service Schedule(s) as of the date of this Order will govern, copies of which are available upon request. The Lumen entity providing Services is identified on the invoice. Notwithstanding anything in any Affiliate Agreement to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by delivering (in writing or electronically) the date by which Lumen will install Service (the “Customer Commit Date”), by delivering the Service, or by the manner described in a Service Exhibit/Service Schedule. Lumen will deliver a written or electronic notice that the Service is installed (a “Connection Notice”), at which time billing will commence. If the Affiliate Agreement governs and does not include early termination charges and if Customer cancels or terminates Service for any reason other than Lumen’s uncured default or if Lumen terminates due to Customer’s uncured default, then Customer will pay Lumen’s standard early termination liability charges as identified in the then standard applicable Service Exhibit(s)/Service Schedule(s). If such Service Exhibit(s)/Service Schedules(s) does not contain early termination charges, Customer will pay Lumen’s standard early termination charges described in its then standard Lumen or CenturyLink Master Service Agreement. “Affiliate Agreement” for CenturyLink Communications, LLC d/b/a Lumen Technologies Group or any companies that were affiliates of CenturyLink Communications, LLC before the merger with Level 3 Communications (“Merger”) means only an applicable Interexchange Carrier (IXC) network agreement, e.g. CenturyLink Total Advantage Agreement, CenturyLink Total Advantage Express Agreement, or CenturyLink Wholesale Services Agreement (each, an Affiliate Agreement). Affiliate Agreement also includes an Agreement between Customer and any entity that was an affiliate of Level 3 Communications before the Merger. 5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated saving s, loss of data or cost of purchasing replacement service, or any indirect, incidental, specia l, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the affected Service. 6. All transport services ordered from Lumen will be treated as interstate for regulatory purposes. Customer may certify transport service as being intrastate (for regulatory purposes only) in a format as required by Lumen, but only where the transport services are sold on a stand-alone basis, the end points for the service are located in the same state and neither end point is a Lumen provided IP port ("Intrastate Services"). Where Customer requests that services be designated as Intrastate Services, Customer certifies to Lumen that not more than 10% of Customer's traffic utilizing the Intrastate Services will be originated or terminated outside of th e state in which the Intrastate Services are provided. Such election will apply prospectively only and will apply to all Intrastate Services stated in this Order. 7. Charges for certain Services are subject to (a) a per month property tax surcharge and (b) a per month cost recovery fee to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional details on taxes and surcharge s that are assessed, visit www.lumen.com/taxes or the RSS, if indicated by the applicable Service Exhibit(s)/Service Schedule(s). 8. Unless otherwise set forth in a Service Attachment, Customer will pay Lumen’s standard: (a) expedite charges (added to the NRC) if Customer requests a delivery date inside Lumen's standard interval duration (available upon request or in Control Center at https://www.centurylink.com/business/login/) and (b) ancillary charges for additional activities, features or options as set forth in the DocuSign Envelope ID: F9050A9A-02AA-4F86-88D8-36DC2FB6A96A Customer Name: EAGLE COUNTY - CO Order #: Q-01086055 Order Generation Date: 11/19/2020 3:30:25 PM Cutoff/Expiration Date: 1/3/2021 Currency: USD Opportunity ID#: 56976722 Page 4 of 4 CONFIDENTIAL OFC Ancillary Fee Schedule, available at www.lumen.com/ancillary-fees. If Lumen cannot complete installation due to Customer delay or inaction, Lumen may begin charging Customer and Customer will pay such charges. 9. Charges/Orders. Despite anything to the contrary, NRCs are NOT waived unless this Order expressl y states NRCs are waived or the NRCs appear in the waived column in the above table(s). If a Cancellation Charge requires Customer to pay the amount of a ny waived or discounted NRC, the NRC will be the amount stated in this Order or shown in the “Waived NRC” column in the above table(s) despite anything to the contrary. If in this Order Customer is upgrading, moving, disconnecting or otherwise changing an existing Service, cancellation charges may apply as set forth in the Agreement. 10. For Internet Services provided in certain countries in the Asia-Pacific region where Lumen does not currently hold a license to provide such Services, Customer consents to Lumen providing Service by procuring services of third -party carriers as Customer’s agent, and Customer appoints Lumen as its agent to the extent necessary to obtain such Service. Lumen’s affiliate is licensed in Hong Kong, Japan, Singapore and Australia. Customer: EAGLE COUNTY - CO \ {{Sig1a_es_:signer1:signature }} Authorized Signature {{Fname1a_es_:signer1:fullname }} Name Typed or Printed {{*Title_es_:signer1 }} Title {{Dte_es_:signer1:date}} Date DocuSign Envelope ID: F9050A9A-02AA-4F86-88D8-36DC2FB6A96A County Manager Jeff Shroll 12/7/2020