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Frontier FRONTIER SERVICES AGREEMENT
<br /> COMMUNICATIONS
<br /> This Frontier Services Agreement("FSA")is effective as of April 26,2019, by and between Frontier Communications of America, Inc. on behalf of itself and its
<br /> affiliates which provide Equipment and Services identified in the Schedules("Frontier"),and City of Everett,whose primary address Is 2930 Wetmore Ave,Everett,
<br /> WA 98201("Customer").
<br /> 1. Provision of Services and Equipment repair or maintenance or performance of equipment, facilities, software or
<br /> service not provided directly by Frontier. Customer is responsible to provide
<br /> a. Frontier will provide and the Customer agrees to pay for the equipment compatible with the Service or Equipment and Frontier's Network,
<br /> communications,installation and maintenance services(collectively"Service"), and any wiring required to extend a communications termination and/or
<br /> and/or purchase or lease equipment("Equipment"),described in this FSA and demarcation at the Customer premises.Customer will provide suitable building
<br /> Schedules executed by Customer. facilities for the provision of Services in accordance with local codes,including
<br /> b. Customer acknowledges that certain Services may be governed by but not limited to ducting, conduit, structural borings, etc. for cable and
<br /> tariff or price schedule filed with the Federal Communications Commission conductors in floors,ceilings and walls;electrical service with suitable terminals
<br /> and/or the state public utilities commission.In the event of any inconsistencies and power surge protection devices;and metallic grounds with sufficient slack
<br /> between this FSA and an applicable tariff, the tariff shall control except with in the equipment room, installed in conformity with the National Electrical
<br /> respect to pricing,early termination charges or cancellation charges for which Code and local codes,and Frontier's installation standards.
<br /> this FSA shall control. I. Customer is solely responsible for the selection, implementation
<br /> c. Frontier will provide, maintain and repair the Frontier owned and maintenance of security features for protection against unauthorized or
<br /> facilities and equipment used to provide the Services("Frontier('s)Network"), fraudulent use of the Services and Equipment.Customer is solely responsible
<br /> up to and including the point at which Frontier's Network is made available for for(a)ensuring that all of Customer's data is adequately secured,documented
<br /> interconnection to Customer's premises equipment or inside wiring. Customer and backed-up at all times and (b)reimbursing Frontier for costs incurred by
<br /> shall provide Frontier reasonable access to Customer's premises during normal Frontier related thereto. Frontier and its contractors are not responsible or
<br /> business hours for the purpose of installing, inspecting, testing, rearranging, liable for data loss and/or unauthorized or fraudulent use of Customer Services
<br /> repairing or removing any Frontier Network components, including obtaining or Equipment for any reason and Customer agrees to reimburse Frontier for
<br /> approvals, permits or licenses from third parties as necessary.Customer will costs incurred by Frontier related thereto.
<br /> cooperate in good faith and provide all reasonable information and j. Frontier will manage the Frontier Network in Frontier's sole
<br /> authorizations required by Frontier for the purpose of installing Services and/or discretion, and reserves the right to substitute, change or rearrange any
<br /> Equipment, performing routine network grooming, maintenance, upgrades, equipment or facilities used in delivering Services or provisioning the
<br /> and addressing emergencies,including but not limited to design layout records Equipment. Frontier will endeavor to provide reasonable notice prior to any
<br /> of any Customer or third party network elements to be connected to the scheduled maintenance,planned enhancements or upgrades,which may result
<br /> Services and Letters of Agency allowing Frontier to act on the Customer's in a degradation or disruption in Service. Frontier reserves the right to suspend
<br /> behalf related to the Services and auxiliary third party services. Service for emergency maintenance to Frontier's Network without notice to
<br /> d. Only authorized agents and representatives of Frontier may perform Customer. Customer shall designate a primary contact for receipt of such
<br /> maintenance work with respect to Frontier's Network. Any repair,alteration, notice.
<br /> configuration or servicing of Frontier's Network, Services or Equipment by k. Customer represents and warrants that its use of the Service and
<br /> Customer or third parties without the written consent of Frontier is a material Equipment will comply and conform with all applicable federal,state and local
<br /> breach of this FSA and cause for termination at Frontier's option. laws, administrative and regulatory requirements and any other authorities
<br /> e. If Frontier is unable to commence performance hereunder due to having jurisdiction over the subject matter of this FSA and Customer will be
<br /> circumstances within Customer's control, any related costs incurred by responsible for applying for, obtaining and maintaining all registrations and
<br /> Frontier,including but not limited to travel at normal rate and overtime labor certifications which may be required by such authorities with respect to such
<br /> rate expenses, will be reimbursed by Customer. Customer will reimburse use.
<br /> Frontier for all costs incurred for installation, maintenance and repair if: (i) I. Except as expressly identified in a Schedule, Customer and its
<br /> Frontier's Network is altered, maintained or repaired by any party other than employees shall be the only permitted end-user of the Services and leased
<br /> Frontier, without Frontier' prior written consent, (ii) the malfunction of the Equipment. Customer shall not resell or bundle the Services or leased
<br /> Service or Equipment is the result of mishandling, abuse, misuse, improper Equipment, nor permit any third party to access the Services or leased
<br /> operation, improper storage, or improper installation by anyone other than Equipment in exchange for compensation of any kind.
<br /> Frontier (Including use in conjunction with equipment electrically or
<br /> mechanically incompatible); or (Ili) if the problem originated from a source 2. Term
<br /> unrelated to Frontier's Network, The term of this FSA will commence as of the date identified in the introductory
<br /> f. Customer will provide (I) suitable building facilities (including but paragraph above or the date the FSA is executed by both Parties,whichever is
<br /> not limited to space,circuitry,power,backup power,and surge protectors)for later(the "Effective Date") and will continue through the Service Term with
<br /> the installation, operation, and maintenance of Frontier's Network In respect to any Service or Equipment provided pursuant to this FSA.Customer
<br /> accordance with manufacturer's documentation and Frontier's installation will purchase the Services,or lease Equipment,identified in each Schedule for
<br /> standards, more fully described in the applicable Schedule; and (iI) a well- the period of time stated in the Schedule (the "Service Term"). Unless
<br /> lighted and safe working area that complies with all local safety standards and otherwise stated in the Schedule,the Service Term and billing for the Service,
<br /> regulations. will begin upon the earlier of(I)Customer's use of the applicable Service(s)or
<br /> Equipment or(ii)five(5)days following Frontier's installation of such Service(s)
<br /> g. The Services or Equipment may be connected with the services or or Equipment,and such date Is deemed the commencement of the applicable
<br /> facilities of other carriers. Frontier may,when authorized by Customer and as Service Term. if neither party provides the other with written notice of its
<br /> may be agreed to by Frontier, act as Customer's agent for ordering facilities intent to terminate a Service at least sixty(60) days prior to expiration,the
<br /> provided by other carriers to allow such connection of Customer's locations to Service Term of each Service will automatically renew for additional one-year
<br /> Frontier's Network or to the network of an underlying carrier or service. periods, subject to the terms and conditions of this FSA and at the then
<br /> h. Customer is responsible for all charges billed by other carriers or applicable one-year term rate,excluding promotional rates.If the parties agree
<br /> third parties. Frontier shall not be responsible for the installation, operation,
<br /> Ver.2018.08 Page 1 of 4
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