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Entire Agreement; Severability. This Agreement, including Schedules and any separate service level
agreement made a part hereof, constitutes the entire agreement of the parties pertaining to the subject
matter herein and supersedes all prior agreements, negotiations, and representations, whether written or
oral, concerning such subject matter. No representations or warranties express or implied, have been
made or relied upon in the making of this Agreement other than those specifically contained in this
Agreement. Unless specified otherwise, this Agreement may be modified or amended only if done in
writing and signed by both parties. All provisions of this Agreement are severable, and the invalidity or
unenforceability of any provision will not affect the validity or enforceability of the remaining
provisions. The remaining provisions will be interpreted in such a manner as to carry out the full
intention of the parties.
Waiver. Either party’s failure to enforce any of the provisions of this Agreement or to exercise any
right or option is not a waiver of any such provision, right, or option, and does not affect the validity of
this Agreement. Any waiver must be written and signed by the parties. If any provision of this
Agreement or the provision of any Service under the terms hereof is held to be illegal, invalid, or
otherwise prohibited under applicable Laws in any State or jurisdiction, then this Agreement shall be
construed as if not containing such provision or not requiring the provision of such invalid, illegal, or
prohibited Service in such State or jurisdiction.
Independent Contractor Relationship; No Agency. The personnel of Customer and of Consolidated
Communications are not agents or employees of the other and Customer and Consolidated
Communications are each an independent contractor for all purposes and at all times in connection with
provision of Service under this Agreement. Except as otherwise provided herein, neither Customer nor
Consolidated Communications has the right or authority to, and shall not. assume or create any
obligation of any nature whatsoever on behalf of the other or bind the other in any respect whatsoever.
Customer and Consolidated Communications each shall indemnify, hold harmless and defend the other
against any liabilities, claims, losses and damages (including costs, expenses and reasonable attorneys’
fees) arising out of its failure to comply with this provision and any applicable Laws.
Assignment. Either party may assign this Agreement or any of its rights hereunder to an affiliate or
successor upon notice to the other party. If Customer assigns this Agreement to an affiliate or successor,
then that affiliate or successor must meet Consolidated Communications’ creditworthiness standards for
the assignment to become effective.
Notices. All notices, requests, or other communications (excluding invoices) hereunder must be in
writing and transmitted via overnight courier, electronic mail, hand delivery, or certified or registered
mail, postage prepaid and return receipt requested to the Customer and to Consolidated Communications
at the addresses below, unless otherwise stated in the Agreement.
ToCustomer eet a | Witha copy to: = |
City of Nashua City of Nashua oe
229 Main St. 229 Main St.
Nashua, NH 03060 Nashua, NH 03060
Attn: Bruce Codagnone Attn: Nick Miseirvitch
