Agenda

19.

20.

21.

22.

23.

18.

16.1 The parties desire to resolve disputes arising out of this Agreement without litigation.
Accordingly, except for an action seeking a temporary restraining order or injunction related to the
purposes of this Agreement or an action to compel compliance with this dispute resolution
process, the parties agree to use the following alternative dispute resolution procedure as their sole
remedy with respect to any controversy or claim arising out of or relating to this Agreement or its
breach.

15.

16.

and suppliers. Consolidated Communications agrees to use commercially reasonable efforts to
advise Customer, directly or through a third party, of any such terms, conditions or restrictions
that may limit any Customer use of the Service,

Indemnification.

Ca
—

15.2

15.4

12,

13.

14.

FILES, PROGRAMS, CUSTOMER EQUIPMENT, PROCEDURES OR INFORMATION
THROUGH ACCIDENT, NEGLIGENCE, FRAUDULENT MEANS OR DEVICES, OR
ANY OTHER METHOD, REGARDLESS OF THE CAUSE OF SUCH DAMAGE.
CUSTOMER AGREES THAT THE SERVICE AND CONSOLIDATED
COMMUNICATIONS FACILITIES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, THAT THE SPEED AND UNINTERRUPTED USE OF THE
SERVICE ARE NOT GUARANTEED, AND THAT THE SPECIFICATIONS AND
PERFORMANCE OF THE CONSOLIDATED COMMUNICATIONS FACILITIES ARE
NOT GUARANTEED OR WARRANTED TO BE ERROR FREE. CONSOLIDATED

16.

early termination of the Service as specified herein and in the corresponding Scheduie(s). Termination
of the Service must be in writing to Consolidated Communications and Consolidated Communications
has up to thirty (30) days to complete the disconnection of the Service. Customer is responsible for all
Charges, Taxes and Surcharges for the Service during such thirty (30) days. This 30-day period begins
on the day Consolidated Communications receives Customer’s written termination notice from
Customer.

8.

the property of Consolidated Communications or its suppliers. Such Consolidated
Communications Facilities must be returned to Consolidated Communications by the Customer,
whenever requested, within a reasonable period following the request in as good condition as
when provided, reasonable wear and tear being excluded.

2.3

2.4

2.5

2.6

2.7

2.8

3.1

3.2

proper operation of the services of Consolidated Communications, its affiliate(s) and its network
service provider(s) and other supplier(s), or the Consolidated Communications Facilities or injure
their personnel.

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onsolidated’

communications a lomaeenal?
SERVICE AGREEMENT
Consolidated Communications (“Customer”): City of Nashua
By: _ By:
Name: Name:
Title: Title:
Date: Date: