Okaloosa County BOCC — September 2, 2014 — Agenda — reading text

I Customer represents that at least 10% of the traffic on the deSignated ci rcuit (s) is Inter-State in nature or is Internet traffic. ISIMKi.i'CcInditIcIN I Renewing existing service on new 36 month term. . PI _lilian .,..... By slgnmg this Agreement, you represent that you are the 'authorized Customer representative and the information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement and any other terms and conditions applicable to the Services selected above, including without limitation, the Cox tariffs, Service Guides, state and federal regulations, the General Terms located at http: //w w2 .cox.com/aboutus/po licies/business-general-terms .cox, and the Cox Acceptable Use Policy (the 'AUP"). Customer acknowledges receipt and acceptance of the AUP and the General Terms by signing this Agreement, This Agreement is subject to credit approv a and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. Thi s proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. Cox may withdraw this proposal at any time prior to Customer's signature. If, within thirty (30) days after Customer's signature below, Cox determines that Customer's location is not serviceable under Cox's normal installation guidelines, Cox may terminate this Agreement without liability. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Services shall be subject to price increases for the remaining Term. Both parties agree that each party may use electronic signatures to sign this Agreement. Unless otherwise agreed to by the parti!'s in a written amendment to this Agreement, Customer shall satisfy the MRC set forth above for the duration of the Term. Cox may charge Customer a termination fee equal to the amount of the MRC reduction resulting from a partial termination of a Service multiplied by the number of months remaining in the Term. If Cox performs any work including construction or incurs any costs to provide Service to Customer and Customer cancels this Agreem ent prior to Service installation, Customer shall be liable for Cox 's reasonable costs in addition to any other terminat ion charges. I acknowledge that J have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox c ommun l( ,o ns G O LLC; Cox Florida Telcom, LP Signature: Signature: f t ~ ... _LZ Print: Print: .b::nr, ,05 !2 ~n-e~"'- Title Position : Title Position ; ~S Ma-,Apvf (/ Date : Date: f1"/ a/ll! ,,-,." Signed by:Dennis.Schroeder@cox.com Versio " I. 0 : 12/09/2013 712212014 2:22:52 AM:JtuTQ)~ 02:4 2 I The t erm s and condition s set forth on t he Cove r Page and be low ( the 4. Termination Custome r ma y te rm inate any Se rv ice before the end of the " Servi ce Te rm s") , t oge th er wi t h th e Additional Terms and Con ditions Term select ed by Cus t omer on the Co ver Pa ge; prov,de d, however, 'f Customer av liabl e at h ttp: // ww2 .cox.com / at)ou t us/pol icies/buslness-oe ne 1­ t ermrn at es any such Servi ce beFore the en d of th e Term ( except for breach by terms.co x (the "Gene ral Terms" an d collectJ vely w ith th e Serv ice Term s Cox ), unless othe rwise ex pressly stated In th e Genera l T erms , Custome r Will be an d any ot her poll des and terms in corporated by r eference In t he Servi ce obligated to pay a te rmina tion fee equ al to t he non rec urring cha rges (If unpaid) Terms , t his " Agreem en t"), will govern Custom er 's use of the se rvi ces and 100% of th e mon t hly re cu r ring cha rg es for the term in at ed Serv ice( s) Id en t ified on the attacheci cover pag e, or if In the Cox Business e­ m ul tiplied by the nu mb er of full m on ths re m ain ing in th e Term . This p rOVisi on commerce environ ment , as selected above (the "Cover Page " ) (each a survives te rm ination of the Agreemen t. If Cox is deliven ng Servi(es via w,r el ss "Service") . network faci li t ies and the re Is si gna l Interference with an y su ch Servi ce( s), Co x 1. Tariffs/Service Guide I f Cu sto me r is purchasing any Servi ces th at may termina te thi s Agreemen t wi th ou t liabrlity IF Cox ca nno t resolve t he are regul ated by t he FCC or any state reg ul atory body ("Regu la t ed Interference by uSi ng commerciall y reaso na ble effo rts. Servi ces") , t he n Cust om er's use of such Regula ted Servi ces IS subje ct to 5. Payment Customer sha ll pay fo r all mon thly Se rvice charges, plus one­ t he reg ulations of t he FCC and t he regu latory body of the state in which t ime set -u p, Installatio n and/or constru ct ion cha rg es. Unless stated otherwise t he Custome r location receiv in g t hese Regulated Se r vices Is located (w hich herein, monthly ch arges for Services Sha ll begin upon In stallatio n of Se rvi ce , reg ulat ions are subJec t to ch ang e), as well as til e ra tes, t erms, and and Installati on cha rg es , if an y, sha ll be due upo n com pletion of Installatron . cond it io ns contained In ta n ffs on file wi th state and fe deral regul ator y Any amou nt not received by the due da t e shown on the applica ble invoi, will au t ho rr ties. Fo r states w he re t he Reg ul ted Services are de-tan ffed , be subjec t to Interest or a la te ch arge no gr eat er th an the m aximum rate Reg ulate d Servke s a re pro v ided pursua nt to the rat es, term s and allowed by law. Custom er acknowledges and agree t hat If Customer faris to conditi ons for th e Cox Service Gu ide fo r t ha t Stat e (the "SG" ), which ma y pay any amoun ts when due and fa lls to cure such non -payment upon recei pt of be fou nd at htto :l/ww2.cox. co m/b us iness/v oice/requlato ry. cox an d wh ic h w ritten no t ice of non - payme nt from Cox, Cu stome r will be dee med to ha ve such te rm s are Incorporated here in by refe rence . Cox m ay amend su ch terminated thi S Agree ment and will be obligated t o pay the termi na tio n fee ta rrffs ( nd If appli ca ble, t he SG) and the Regula t ed Services sha ll be describe d In Section 5, above. I f appl icable to t he Serv ice, Custo me r sha ll pay subJec to such t ariffs ( or If applicable , the SG), as amen de d . Custo m er sa les, use , g ross rece ipts , and eXCise tax es , ac cess fees and all o the r fees , m ust disclose t o Cox if Customer Intend s t o use t he Regu lated Services uni ve rsal se rvi ce fu nd assessm en ts , 91 1 fe es , Fr nch ise fee s, bypass o r other wit h payphon e service . The t ariffs and the SG co ntai n can ce lla tio n or lo ca l, state and Federa l taxes or cha rges, and depo sits, Impo se d on t he use of te rmrnatlon fee s d ue In the event of cance llation or t er mi natlo fl (mcl ud lng the Serv ices. Taxes Will be separately st ated on Custome r's in v oice . No In terest pa rti al terminati on ) of a Regulated Se rvi ce p rior to th e Term selecte d on wi ll be pai d on depos its unless reqUi r ed by law . the Cov er Page. Term ination fees inc lude, but are not li mi ted to . 6. Service and Install ation Co x shall proV ide Custom er with t he Servi ces no nre curring ch ar ges, cha r es p Id to thi rd parti es on beha lf of Custo mer, identified on th e Cover Pag e and may prOVi de r elated fa cilities and eq uipmen t, an d t he monthly r ecurring char ges for t h ba lance of t he Te rm . the ownershi p of wh ic h sh all be re t ai ned by Cox (th e " Cox Equ ipmen t "), or fo r 2. PBX Usag e a nd E911 Serv ice s PLEAS E REVI EW THE FOLLOWING certa in Servi ces , Customer, ma y purch ase eq uipment from Cox ("Custo m er WEB SI TE FOR I MPORTANT INFORMATI ON ABOUT COX'S 9 11 PRACTICES: Purchased Eq Uipment"). Customer is resp onSible fo r damage t o any faciliti es or h ttp : //ww2. cox .cQ m/hll~in es s/volce/ reqlJ l ato ry .co x, in ad dition t o th e equipment Installed or provided by Cox ( th e "Cox EqUipm ent" ). Custom er may InformatIOn abou t PB X Service and e9 11 Service in Secti on C13 of the use th e Services for any lawfu l purpose, provld(;!d that such purpose (a) does General Tenns. ONLY THE EMTA WI LL HAVE BATTERY BACKU P PROVIDED not in t erfer e or impa ir the Cox netwo rk or Cox Eq ui pm en t and (b) compiles with BY COX . CUSTO, ER I S RESPONSI BLE FOR BATTERY BACKU P FOR THE t he AUP. Custom er shall use t he Cox Eq uipment only fo r th e purpose of l AD, ES BC, ATA AND ALL CUSTOf'l ER EQUI PMENT. I N THE EVENT OF A receiving th e Serv ices. Customer shall use Cust om er Purch ased Equipme nt In POWER OUTAGE, CUSTOMER'S TELEPHON E SERVIC E USING AN EMTA acco rdan ce wi h t he terms of the related equip m en t purch ase agree m en t. WILL CONT INUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH Unless prov ided otherw ise herein, Cox sha ll use com me rCi ally reason able effo rts THE BACKU P BATTERY PROVIDED BY COX. THE DURAT ION OF SERVICE t o maintain t he Serv ice s in accordance w ith applicab le perform ance standards. DURI NG A POWER OUTAGE USI NG AN l AD, ATA, and ESBC WILL DEPEND Cox network m anage m ent needs may req uire Cox to m odify upstream and 01 CU STOMER 'S BATTERY BACKUP CHOICE . IF THE EMTA, ATA, ESBC OR downstream speeds. Use of the data, Internet , web con ferencl ng/web hosting lAD THAT SUPPLI ES YOU R TELEP HONE SERVICE IS DI SCONNECTED OR