EXHIBIT 10.2
XXXXX-XXX.XXX NETWORK AGREEMENT
This Agreement is made and entered into this --- day of ---, --- between:
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(hereinafter referred to as "Customer") and Xxxxx-Xxx.xxx, Inc., a Nevada
corporation with offices at 000 X. 00xx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx,
00000-0000, X.X.X. ("Inter-Tel").
Whereas, Inter-Tel has established a network which enables telecommunications
over Internet Protocol ("IP") data networks, ("Xxxxx-Xxx.xxx") with
Xxxxx-Xxx.xxx software, hardware and related components, and
Whereas Customer desires to interconnect into Xxxxx-Xxx.xxx with its own network
for the provision of services to the general public; and
Whereas, both parties desire to reduce to writing their agreement for the
interconnection of each party's Servers into the Network.
Now, therefore, in consideration of the mutual covenants hereunder, the parties
hereto agree as follows:
1.0 APPOINTMENT AS XXXXX-XXX.XXX PROVIDER
Inter-Tel hereby authorizes the Customer to interconnect with the
Xxxxx-Xxx.xxx network enabling the customer to transmit IP data network traffic;
subject to the terms and provisions of this Agreement.
1.2 DEFINITIONS
1.2.1 Agreement - "Agreement" shall mean this Network Agreement, including
the attached Schedules.
1.2.2 Confidential Information - "Confidential Information" shall mean
information belonging to either party and delivered to the other Party which is
deemed proprietary and confidential and belonging to the Party delivering the
Confidential Information. In the event confidential information is required to
be disclosed pursuant to a court order is required by any governmental authority
or agency, prompt written notice of such order or requirement shall be given to
the disclosing party and the receiving party shall fully cooperate with the
disclosing party, using its best efforts to maintain the confidentiality of the
information, including but not limited to, seeking protective orders from the
court or governmental authority.
1.2.3 Customer Network - "Customer Network" shall mean the IP data network
constructed, owned and/or operated by Customer.
1.2.4 Xxxxx-Xxx.xxx - "Xxxxx-Xxx.xxx" shall mean the Internet Protocol (IP)
data network constructed, owned, and operated by Xxxxx-Xxx.xxx, Inc.
1.2.5 Local Exchange Carrier - Company certified to provide public switched
telephone network (PSTN) services. Both incumbent and the emerging competitive
LECs are included.
1.2.6 NPA/NXX NPA refers to the area code and NPA/NXX refers to the area
code and prefix (the first six (6) digits) in the long distance dialing
sequence.
1.2.7 Planned Service Outage - "Planned Service Outage" shall mean any
Service Outage caused by scheduled maintenance or planned enhancements or
upgrades to the Network.
1.2.8 Point-Of-Presence - (POP), - The physical location where the
Xxxxx-Xxx.xxx Network interfaces with the customer or a local access vendor.
1.2.9 Public Switched Telephone Network - The public network operated by
common carriers for switched telephone services.
1.2.10 Regional He - I Operative Companies (RBOCs) - The regional operating
companies formed at divestiture from AT&T, to provide local access to the
public,
1.2.11 Service Interconnection Date The later of the date requested in the
Service request by Customer or the date that Service has been installed and
tested by Customer use.
1.2.12 Service Outage - Shall mean a degradation in Service well below the
industry standards, occurring in Xxxxx-Xxx.xxx's network, excluding: (i) Planned
Service Outages; or, (ii) periods of degradation due to causes beyond the
reasonable control of Xxxxx-Xxx.xxx.
1.2.13 Service Re-quest - Shall mean an order for Service transmitted to
Xxxxx-Xxx.xxx via facsimile, online, or mail. Service requests will be remitted
in accordance with Inter-Tel,net order format.
2.0 FEES
Both parties acknowledge and agree for the payment of fees by the party
incurring same including origination, termination, settlement and other provider
fees as set forth on Schedule A attached hereto and made, a part hereof for all
purposes. Customer agrees that Inter-Tel shall have the right to amend the fees
set forth on Schedule A with thirty (30) day's notice.
3.0 SERVICE
3.1 Network Coverage - Xxxxx-Xxx.xxx shall add to or delete from network
coverage, NPA's or NPAs/NXXs and/or other usage designations, at its sole
discretion. Data may be passed by Xxxxx-Xxx.xxx for termination through
Xxxxx-Xxx.xxx, or through the network of the Local Exchange Carrier ("LEC(s)")
serving the area in which the data is to be terminated, or through long distance
carriers.
3.2 Prices, Volume and Term Discounts, Service Availability - Usage,
recurring charges, volume discounts, installation and change order charges,
minimum. use commitments, and service availability for such Services are listed
oil Schedule A.
3.3 Operations Support - Customer agrees to provide seven (7) day,
twenty-four (24) hours a day support for their network.
4.0 FORMAT
All data passed between the parties shall be 'in format compatible with and
approved in advance by Inter-Tel.
5.0 UPDATED USAGE ESTIMATES
Customer shall provide monthly updates, 30 days in advance in the format
which will include usage estimates or information which may impact established
trends in usage patterns. Customer acknowledges and agrees that any significant
increases in usage not forecasted by the Customer may jeopardize the ability of
Xxxxx-Xxx.xxx to meet the demand.
6.0 NETWORK BLOCKING CAPABILITY
Based on the Customer submitted estimates of monthly minutes of use and
busy hour minutes of capacity measurements for each terminating location,
Inter-Tel shall have reasonable blocking ability for excess usage above
maximums, or at its discretion. switch out the excess minutes over the PSTN at
the agreed prices in Schedule A. Customer shall have responsibility to provide
an updated usage. forecast with each Service Request.
7.0 NETWORK MANAGEMENT CONTROLS
When call volumes increase substantially and facility augments cannot be
accommodated in a timely manner, Xxxxx-Xxx.xxx may invoke network management
controls to reduce the probability of excessive network congestion. Substantial
call volume increases are changes which exceed the recorded busy day, busy hour
minutes of capacity for the preceding 60 day, seasonally adjusted period. For
new Service Requests, the estimated busy day, busy hour minutes will be the
basis for identifying substantial call volumes.
8.0 NETWORK CONNECTION
8.1 All connections to Xxxxx-Xxx.xxx are made through dedicated data
connections between the Customer POP and Xxxxx-Xxx.xxx with sufficient bandwidth
to insure call quality. All facilities will be designed using standard usage
engineering principles.
8.2 in order to insure call quality, the end to end turnaround time as
measured by the industry standard ping should not exceed 100 milliseconds.
8.3 Customer agrees that all Vocal'Net servers shall be covered under "a
software maintenance agreement with Inter-Tel to insure that all updates,
upgrades and maintenance are consistent with Xxxxx-Xxx.xxx standards.
9.0 INSTALLATION, SUPPORT AND MAINTENANCE OF SERVERS
Unless otherwise contracted with Inter-Tel, Customer agrees that it shall
be responsible for the installation, support and maintenance of all customer
owned Servers and related products including, but not limited to, the fees and
rental charges for collocation space and provision of dedicated lines and
circuits necessary for the interconnection of the Customer network and related
equipment and services into Xxxxx-Xxx.xxx up to and including the interface
interconnection point. Customer further acknowledges appointment of Inter-Tel as
agent as set forth on Schedule B, to obtain for Customer any dedicated line
services as are agreed by the parties to be necessary for the installation.
support and maintenance of the Customer's Servers with the Network,
9.1 Service Outage - In the event a service outage occurs within
Xxxxx-Xxx.xxx. Inter-Tel shall act promptly to repair the outage. Customer shall
be relieved of minimum purchase requirements in a pro-rata fashion determined by
the length of the service outage. In the event a service outage occurs within
the Customer Network, customer shall act promptly to repair the outage.
9.2 Planned Service Outage - Customer shall, when practical, be notified at
least five (5) days in advance of any Planned Service Outage.
10.0 USAGE MEASUREMENT
10.1 Start of Usage Measurement -For all originating usage, measurement
will commence when Xxxxx-Xxx.xxx sends the first supervisory signal, and answer
supervision is received by Xxxxx-Xxx.xxx from the terminating end user,
indicating that the termination end user has answered.
10.2 Termination Of Usage Measurement - For all terminating usage,
measurement will end when Xxxxx-Xxx.xxx receives disconnect supervision from the
terminating end LEC switch and when the appropriate IP call control release
messages is received or sent by Xxxxx-Xxx.xxx.
11.0 TERM AND TERMINATION
This agreement shall be in effect for a period of one (1) year from the
date hereof, and shall continue automatically for one year periods thereafter
unless and until terminated by either party giving the other not less than sixty
(60) days written notice before the expiration date, In the event of a breach of
contract, this agreement shall be terminated by ten (10) days written notice by
one party to the other and failure to cure a breach of any provision of this
Agreement by such party: or in the event either party ceases to function as a
going business, becomes insolvent, commits an act of bankruptcy, is adjudged a
bankrupt, makes a general assignment for the benefit of creditors, or if a
receiver is appointed for all or substantially all of its property. At the
termination of any service or of this Agreement, the Parties will, within five
(5) business days, disconnect the interconnection circuit(s) provided between
the parties.
12.0 PAYMENT AND REVIEW PROCESS
12.1 Payment Due Date - Customer agrees to pay all charges as set forth on
Schedule A.
12.2 Disputes - Customer shall have 60 days from invoice date to dispute
any Charges in writing. Written disputes should be addressed to the Vice
President, Finance and sent by registered mail or courier (such as Federal
Express or United Parcel Service). All charges, whether or not disputed in
writing, and received by the due date, are considered payable. The Parties shall
provide one another with reasonably requested information for invoice validation
including, but not limited to, the number of minutes of use.
12.3 Review Process - Xxxxx-Xxx.xxx will review any amounts disputed in
writing within (30) business days after receipt of the written dispute. If
Xxxxx-Xxx.xxx determines that the Customer was billed in error, a credit for the
amount billed incorrectly will appear or the next invoice, If the Customer does
not agree with Xxxxx-Xxx.xxx's assessment, both -parties agree to resolution
through binding arbitration within thirty (30) days of Xxxxx-Xxx.xxx's
determination that the xxxx was issued properly
12.4 Arbitration - Notwithstanding anything to the contrary herein, any
dispute arising pursuant to or in any way related to this Agreement or the
transactions contemplated hereby shall be settled by arbitration a' a mutually
agreed upon location in Phoenix, Arizona; provided, however. that nothing in
this Section shall restrict the right of either party to apply to a court of
competent jurisdiction for emergency relief pending final determination of a
claim by arbitration in accordance with this Section. All arbitration shall be
conducted in accordance with the rules and regulations of the American
Arbitration Association, in force at the time of any such dispute, by a panel of
three (3) arbitrators, one (1) selected by Xxxxx-Xxx.xxx, one (1) selected by
Customer, and the third (3rd) selected by the other two (2) arbitrators. Each
party shall pay its own expenses associated with such arbitration, including the
expenses of any arbitrator selected by such party and 50% of the expenses of the
third arbitrator. The decision of the arbitrators, based upon written findings
of fact and conclusions of law, shall be binding upon the parties; and judgment
in accordance with that decision may be entered in any court having jurisdiction
thereof. In no event shall the arbitrators be authorized to grant any punitive,
incidental or consequential damages of any nature or kind whatsoever.
12.5 Suspension of Service - If customer does not make payment,
Xxxxx-Xxx.xxx may suspend or cancel Service and terminate this Agreement after
Xxxxx-Xxx.xxx has given Customer written notice and ten (10) days to cure the
nonpayment.
12.6 Monthly Purchase Minimums - Customer agrees to pay the greater of
actual usage, or minimum usage which is computed by multiplying the total
estimated usage times the billing rate for such usage on Schedule A.
12.7 Billing Increments - Billing increments will be as set forth on
Schedule A.
13.0 EQUIPMENT AND INSTALLATION
13.1 Xxxxx-Xxx.xxx shall provide, maintain, repair, operate and control
the. Xxxxx-Xxx.xxx owned facilities necessary for service up to the
interconnection point where the Customer network interfaces with Xxxxx-Xxx.xxx,
13.2 'Neither Party shall adjust, align, or attempt to repair, the other
Party's equipment except as expressly agreed to in advance in writing by the
other Party. 'Neither Party's equipment shall be removed or relocated by the
other Party.
14.0 WARRANTIES AND NETWORK STANDARDS
14.1 Each party represents and warrants to the other Party that it has the
right to provide the service specified herein, and that it is an entity, duly
organized, validly existing and in good standing under the laws of its origin,
with all requisite power to enter into and perform its obligations under this
Agreement in accordance with its terms.
14.2 Xxxxx-Xxx.xxx represents and warrants to Customer that all service
rendered by it hereunder shall be designed, produced, installed, furnished and
in all aspects provided and maintained in conformance and compliance with
applicable federal, state and local laws, administrative and regulatory
requirements and any other authorities having jurisdiction over the subject
matter of this Agreement that were in effect at the time of such design.
14.3 Inter-Tel represents and warrants to Customer that it shall at all
times, comply with then current industry standards. The parties agree that if
any party, in its sole reasonable discretion, determines that an emergency
action is necessary to protect its own Network, the party may block any signals
being transmitted over its Network by the other party whose signals do not meet
the specifications included herein. The parties further agree that none of their
respective obligations to one another under this Agreement shall be affected by
any such blockage except that the party affected by such blockage shall be
relieved of all obligations to make payments for charges relating to such
service only during the period of time of such blockage and that no party shall
have any obligation to the other party for any claim, judgment or liability
resulting from such blockage.
14.4 THERE ARE NO AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESSED OR
IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
15.0 WARRANTY AND INDEMNIFICATION BY CUSTOMER.
Customer warrants and agrees that all equipment owned and operated by
Customer and interconnected with Xxxxx-Xxx.xxx shall be compatible with
Xxxxx-xxx.xxx and in compliance with any specific standards that may be
additionally set forth on Schedule A. Customer further agrees to be responsible
for any upgrades or enhancements necessary For its network to remain compatible
with the Xxxxx-Xxx.xxx Network. Customer further warrants and agrees, that if
Inter-Tel terminates usage over the network- of Customer, that Customer will
install and maintain all I of Customer's network in accordance with industry
standards for IP network usage in order to insure the quality of transmission
usage equal to that of Xxxxx-Xxx.xxx.
16.0 CONFIDENTIAL OBLIGATION
16.1 Neither party hereto shall disclose any confidential information
("Confidential Information") received from the other party nor use such
information for purposes other than performance of this Agreement without
getting prior written consent from the other party. The Confidential Information
shall be the information (i) disclosed in writing and marked "Confidential", and
(ii) if disclosed verbally, shall be confirmed in writing within seven (7) days
following such disclosure, and (iii) any information contained in this Agreement
and Schedules.
16.2 The following information shall not be regarded as the
Confidential
Information:
(i) information which, at the time of disclosure hereunder. was or
thereafter becomes in the public domain through no willfulness or
misconduct of the recipient;
(ii) information which, prior to disclosure hereunder, was already in the
recipient's possession either without limitation on disclosure
to others or subsequently becoming free of such limitation-, (iii)
information obtained by the recipient from a third party having an
independent right to disclose this information; or (iv) information
which is independently developed by the recipient.
16.3 Information shall not be deemed confidential in the following cases:
the information was previously known to the receiving party free of any
obligation to keep it confidential at the time of its disclosures by the
disclosing party; the information is or became publicly known through no
wrongful act of the disclosing party; the information is rightfully received by
the receiving party from a third party having no direct or indirect and/or
confidential obligation to the disclosing party with respect to such
information; the information is disclosed by the disclosing party to the public,
or the information is independently developed by an employee, agent or
contractor of the receiving party.
17.0 INDEMNITIES
Each Party agrees to indemnify, defend and hold harmless the other Party
from and against; (i) claims for libel, slander, infringement of copyright or
unauthorized use of trademark, trade name-, or service xxxx arising out of the
indemnifying Party's use or provision of Service; (ii) claims for patent
infringement arising from the use of the facilities or equipment supplied by the
indemnifying Party's combining or connecting facilities to use Xxxxx-Xxx.xxx;
(iii) claims of third parties for damages and/or personal injuries arising out
of the negligence or willful act or omission of the indemnifying Party or its
agents, servants, employees, contractors representatives; and (iv) claims of
third parties. including patrons or Customers of the indemnifying Party, arising
out of, resulting from, or related to the indemnifying Party's resale or
attempted resale of the Service(s) under this Agreement.
18.0 SURVIVAL CLAUSES
The provisions of Paragraph 15, 16, and 17 shall -survive the termination
or expiration of this Agreement.
19.0 DEFAULT
19.1 A Party shall be deemed in default of this Agreement upon the
occurrence of any one or more of the following events: (i) the filing of
bankruptcy or making a general assignment for the benefit of creditors which is
not dismissed or set aside within sixty (60) days of filing, (ii) a Party
violates any applicable laws, statutes, ordinances, codes or other legal
requirements with respect to the Service and such violation(s) are not remedied
within ten (10) business days after written notice thereof, or (iii) a Party
fails to perform its obligations under this Agreement and such nonperformance is
not remedied within ten (10) days in the case of payment obligations and
otherwise within thirty (30) days after notice thereof.
19.2 Inter-Tel shall grant customer thirty (30) days after any written
notice of default herein required other than payment obligations, to cure any
default. Should Customer fail to cure the default within the time, Inter-Tel
shall be entitled to suspend Service and/or terminate this Agreement. Should
Inter-Tel terminate this Agreement due to default by Customer, all amounts owned
Inter-Tel shall become immediately due and payable.
19.3 A party shall be deemed to be in default if, without thirty (30) days
written notice, any act or failure to act by the party with respect to its
network causes or allows to be caused a cessation of operations of that network
in such a manner that the other Party can-not terminate usage over the
defaulting party's network for a period in excess of twelve (12) hours. In such
event, the defaulting party ,shall be responsible for the non defaulting party's
losses to the extent necessary to terminate such usage over any other viable
transmission means for said thirty day period.
20.0 AMENDMENT
No amendment of this Agreement shall bind either party hereto unless
reduced to writing and signed by authorized representatives of the respective
parties.
21.0 LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, OR TO ANY OTHER ENTITY OR
INDIVIDUAL, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTIAL OR PUNITIVE
DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS
OR REVENUES, REGARDLESS 01, THE FORESEEABILITY THEREOF.
Customer acknowledges and agrees that any product; hardware or software may
or may not have been approved for sale or use in foreign countries. The Customer
agrees that any use or resale of the product into a foreign country could
require regulatory approval of such country. Customer accepts full
responsibility for complying with any and all of such requirements or
regulations for such product(s) prior to distribution or use. Customer further
agrees to indemnify and hold harmless Inter-Tel from and against all claims,
liability, damages and expenses arising from any failure of Customer to obtain
required approvals and/or to comply with any and all such regulations prior to
distribution or use in a foreign country,
22.0 ENTIRE AGREEMENT
This Agreement embodies the entire agreement and understanding between the
parties hereto relative to the subject matter hereof and there are no
understandings, agreements, conditions or representations, oral or written,
expressed or implied, with reference to the subject matter hereof that are not
merged herein or superseded hereby.
23.0 JURISDICTION AND VENUE
This Agreement shall be construed and enforced in accordance with the laws
of the State of Arizona. Should a dispute occur between the parties hereto
arising out of or in relation to implementation of this Agreement, the parties
hereto agree that venue of the dispute shall be in Maricopa County, Arizona and
that substantive and personal jurisdiction shall exist over the parties by
virtue of the fact that payments are due in Phoenix, Arizona.
24.0 FORCE MAJEURE
Except as to the payment of monies pursuant to this Agreement, each party
to this Agreement shall be excused from performance hereunder for any Period of
time and to tile extent that it is prevented from performing any of its
obligations pursuant hereto, in whole or in part, as a result of delays caused
by the other party or by an act of God, fire, explosion. transportation
contingencies, unusually severe weather, quarantine, restriction, epidemic,
natural catastrophe, war, civil disturbance, acts of the government of the
United States or of any State or governmental agency or official thereof, court
order, labor dispute or shortage, third-party nonperformance, or other cause,
events or circumstances beyond its reasonable control, and such nonperformance
shall not be a default under this Agreement nor a ground for termination of this
Agreement as long as the excused party makes reasonable efforts to remedy, if
and to the extent reasonably possible, the cause for such nonperformance.
25.0 TAXES
Each Party shall be fully responsible for the payment of any and all ad
valorem, property franchise, gross receipts, excise, access, bypass, sales or
other local, state or federal taxes or charges applicable to property owned by
it and for taxes on its net income. Customer agrees to any sales, use, gross
receipts. excise, access, bypass or other local, state and federal taxes or
charges applicable to the provisioning or sale of the. Service provided by
Inter-Tel,net. Any taxes to be paid by Customer shall be separately stated on
the invoice. Prices shall not include any taxes for which Customer has furnished
a valid exemption certificate
26.0 REGULATIONS
Each Party represents that it is not aware of any facts that would justify
a complaint to the Federal Communications Commission or any state regulatory
authority concerning the prices, terms or conditions of the transactions
contemplated by this Agreement. The Parties also agree that in the event a
decision by a telecommunications regulatory authority A the federal, state, or
local level necessitates modifications in this Agreement, the Parties will
negotiate in good faith to modify this Agreement in light of such decision.
27.0 MISCELLANEOUS
27.1 This Agreement does not appoint either Party as the agent or legal
representative of the other Party and does not create a partnership or joint
venture between Customer and Xxxxx-Xxx.xxx. Neither Party shall have any
authority to make any agreement for or bind the other Party in any manner
Whatsoever except as set forth on Schedule B. This Agreement confers no rights
of any kind upon any third party.
27.2 The failure of either Party to give notice of default or to enforce or
insist upon compliance with any of the terms of conditions of this Agreement
shall not be considered the waiver of any other term or condition, or of future
compliance of the terms of this Agreement,
27.3 If any part of any provision of this Agreement or any other agreement,
document or writing given pursuant to or in connection with this Agreement shall
be invalid or unenforceable under applicable law, such part shall be ineffective
to the extent of such invalidity only, without in any way affecting the
remaining parts or provisions of this Agreement.
27.4 Xxxxx-Xxx.xxx may terminate this Agreement without liability if; (i)
the facilities used to provide Service are taken by exercise of condemnation or
eminent domain; or (ii) the Xxxxx-Xxx.xxx facilities shall, in Inter-Tel. net's
reasonable judgment, be made inoperable and beyond economically or
technologically feasible repair.
27.5 Acceptance of this Agreement is contingent upon signature by a
representative of Inter-Tel duly authorized to execute this Agreement.
27.6 This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and when taken together shall constitute one
document.
27.7 In the event that suit is brought and an attorney is retained by
either Party to enforce the terms of this Agreement or to collect any money as
due. hereunder or to collect any money damages for breach hereof, the prevailing
party shall be entitled to recover, in addition to any other remedy, the
reimbursement for reasonable attorney's fees, court costs, costs of
investigations and other related expenses incurred in connection therewith.
27.8 The parties agree not to disclose any of the items and conditions of
this Agreement without the express written consent of the other party, except as
may be required by law or governmental rule or regulations. or to establish
either party's rights under this Agreement, provided, however, that if one party
seeks to disclose for reasons not requiring the other party's consent, that
party will limit the disclosure to the extent required, will allow the other
party to review the information disclosed and will apply where available, for
confidentiality, protective orders and the like. Any review under this paragraph
will not be construed to make the reviewing party responsible for the content of
any disclosure,
28.0 ASSIGNMENT
The Customer may not assign this Agreement without the prior written
consent of Inter- which shall not be reasonably withheld. Any such assignment of
this Agreement by Customer without consent shall be null and void.
29.0 NOTICES
Notices under this Agreement shall be in writing and delivered by certified
mail, return receipt requested, to the persons whose names and business
addresses appear below and such notice shall be effective on the date of
receipt, or refusal of delivery, by the receiving Party.
If so Xxxxx-Xxx.xxx (except billing disputes)
Attention: President
XXXXX-XXX.XXX
000 Xxxxx 00xx Xxxxxx
Xxxxx #000
Xxxxxxx, XX 00000-0000
Billing Disputes:
Attention: Vice President, Finance
XXXXX-XXX.XXX
000 X. 00xx Xxxxxx
Xxxxx #000
Xxxxxxx, XX 00000-0000
If to Customer:
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Service Request or Modifications or Cancellations:
Attention: Director, Customer Service
XXXXX-XXX.XXX
000 X. 00xx Xxxxxx
Xxxxx #000
Xxxxxxx, XX 00000-0000
30.0 FINAL AGREEMENT
This Agreement sets forth the entire understanding of the parties and
supersedes any and all prior agreements, arrangements or understanding related
to the Services described herein, and no representation, promise, inducement or
statement of intention has been made by either party, which is not. embodied
herein. Inter-Tel shall not be bound by any agent's or employee's
representations, promises or inducements not set forth herein,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duty authorized representatives on the day and year first above written
XXXXX-XXX.XXX, INC. TELECOM COMMUNICATIONS OF AMERICA
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Customer
By: Xxxxx Xxxxx or Xxxx XxXxxxxx By: Xxxxxxx Xxxxxxxx
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Signed: Signed: /s/ Xxxxxxx Xxxxxxxx
Its: VP of Sales or President Its:
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