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HomeMy WebLinkAboutResolution #5045 RESOLUTION NO 5045 A RESOLUTION APPROVING AN ISDN-PRI RENEWAL CUSTOMER SERVICE AGREEMENT WITH CALL ONE,AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS. WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to accept the Renewal Customer Service Agreement with Call One, as set forth in Exhibit "A" attached hereto and incorporated herein for local telephone service for the City of Canton properties; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the Renewal Customer Service Agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor of the City of Canton, Illinois, or his designee, is hereby authorized and directed to execute said Customer Service Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 15th day of March, 2016 upon a roll call vote as follows: AYES: Aldermen Craig West,Tad Putrich, Ryan Mayhew,Justin Nelson, John Lovell,Angela Hale NAYS: None ABSENT: Aldermen Jim Nelson, Gerald Ellis APPROVED: Jeffrey A. Pritz, %wr1r, ATT 2.0, D a avle -Ro ity CINerk CALL(,. , Renewal Customer Service Agreement This Customer Service Agreement("Agreement")authorizes Call One®Inc.,with a principal place of business at 225 West Wacker, Floor 8,Chicago,11.60606("Call One")to provide telecommunication services("Services")to the customer identified immediately below("Customer").The Services provided hereby are subject to the Terms and Conditions set forth in this Agreement. Customer City of Canton Address 2 N.Main City Canton ST IL ZIP 61520 Please check box to determine term and discount [X] 1 Year [ ]2 Year [ ]3 Year Additional Charges:All rates and discounts are subject to the rates and discounts contained in the SPC underlying agreement. Waive PIC Fees. Service/Additional Terms: Renewal of existing services. Billing Telephone Numbers(BTN)associated with this account: Physical Location City,State BTN 101 E SPRUCE;Flr 1 CANTN,IL 309-647-0040 25495 N LAKESHORE DR CANTN,IL 309-647-0060 2 N MAIN;Flr 1 CANTN,IL 309-647-1288 2 N MAIN;Fir 1 CANTN,IL 309-647-1310 350 W HICKORY CANTN,IL 309-647-1391 101 E SPRUCE;Flr 1 CANTN,IL 309-647-3358 2 N MAIN;Flr 1 CANTN,IL 309-647-5131 101 E SPRUCE;Flr 1 CANTN,IL 309-647-5444 504 W LOCUST CANTN,IL 309-647-7002 --. -�IrF7Nim_ nwr rgnonu��r/j l)nry ('o(l(brr uudrm r�rd cr,�nrrrmr Prifitnarrr -_. , / Lille Prim name /lore N Call One Inc. 00 225 W Wacker Drive 8th Floor-Chicago,It.60606-Telephone 312-681-8300-Fax 312-681-8301 01 CD Page t of 3 07 Billing Telephone Numbers(BTN)(continued): 2026 N MAIN;Fir 1 CANTN,IL 309-647-7497 25495 N LAKESHORE DR;Fir 1 CANTN,IL 309-647-8767 19847 N BANNER DIKE RD BANR,IL 309-647-9148 25 ENTERPRISE LN;Fir 1 CANTN,IL 309-647-9288 25495 N LAKESHORE DR;Fir 1 CANTN,IL 309-647-9366 25495 N LAKESHORE DR;Fir 1 CANTN,IL 309-647-9600 350 W HICKORY;Fir 1 CANTN,IL 309-647-9821 355 S 9TH AV;Fir 1;des anderson list sta CANTN,IL 309-649-8426 23900 E TREATMENT PLANT RD;Fir 1;des east side list sta CANTN,IL 309-649-8428 101 E SPRUCE;Fir 1 CANTN,IL 309-649-9722 101 E SPRUCE Fir 1,IL 309-R26-2884 1000 N 4TH AV;Fir 1 CANTN,IL 309-Z01-0101 Customer initials Call One initials N Call One Inc. Co 225 W Wacker Drive 8th Floor-Chicago,It.60606-Telephone 312-681-8300-Fax 312-681-8301 Ul (O Page 2 of 3 0) Terms and Conditions 1.Term.Customer hereby orders the Local Exchange,Interexchange and miscellaneous services incident thereto as described herein(collectively,the "Services")for the term selected by Customer on Page 1 of this Agreement(the"Term"),effective as of the date the Services are installed or first provided(the"Effective Date"),Upon expiration of the Term,the usage rates and monthly recurring charges applicable to a Term other than Month-to-Month will revert to Call One's prevailing month-to-month rates unless Customer has(1)entered into a successor agreement or(2)canceled the Service,in each case effective as of the expiration of the Term.Call One is not responsible for notifying customer of the expiration of any Term 2.Rates.(a)Unless otherwise specified on Page 1 of this Agreement,Call One's prevailing month-to-month rates for lines,features,other monthly recurring charges and non-recurring charges(e.g.,installation,service establishment and/or other non-recurring charges)will apply to the Services By executing this Agreement,Customer acknowledges that it has received notice of and is aware of the rates and other charges that apply to the Services that are not specifically identified on Page 1 of this Agreement.If there is any change to Call One's prevailing rates or charges that apply to the Services,Customer will be notified in its monthly invoice or in the applicable state tariff,effective as stated therein.If Customer has elected a Term other than Month-lo-Month,the usage rates and monthly recurring charges(each expressed as a rate or as a discount off Call One's prevailing month-to-month rates)identified on Page 1 of this Agreement will apply to the Services during the Term.(b)Call One shall also bill Customer as a separate line item all applicable federal,state and other governmental fees,surcharges and taxes.(c)Call One may,at its sole discretion,increase the rates for Band C,1+long distance or inbound 800/888 toll-free Services,if and to the extent the charge from the local exchange carrier to terminate the outbound calls or to originate the inbound calls exceeds twenty-five percent of the rate for that Service,and that Service will be provided on a month-to-month term. 3.Authorization.Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s)and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers(BTN)and/or physical locations listed below and included in any supplement to this Agreement.This grant of agency shall remain in effect until revoked by Customer. 4.Existing Commitments.(a)If Customer has an existing term commitment contract with another service provider(a"Third Party Commitment"), Customer acknowledges that,in addition to the Terms and Conditions of this Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties,fees or charges by virtue of that Third Party Commitment.(b) If,as part of Call One's provision of Services,Customer terminates a Third Party Commitment(s),Customer agrees that it is solely responsible for the fees associated with such termination.Further,no discount is provided for the related services unless and until Customer has agreed to terminate the Third Party Commitment(s)as provided above or the Third Party Commitment(s)has expired and Customer has entered a new agreement directly with Call One. 5.Early Termination/Cancellation.Customer shall be required to provide Call One a minimum of 30 days notice In writing of any termination/cancellation of Service(s).(a)If Customer terminates the Service in whole or in part prior to the expiration of the Term,Customer will be liable for an early termination charge equal to the Term Savings Recovery.As used herein,"Term Savings Recovery"is the total usage and monthly recurring charge discount received by the Customer calculated as follows:(A)the difference between the total usage charges billed to Customer at the discounted rates Customer received for the Term selected in this Agreement and the total usage charges that would have been billed to Customer at the Call One tariff month-to-month usage rates in effect as of the Effective Date;and(B)the difference between the discounted monthly recurring charges Customer received for the Term selected in this Agreement and the Call One tariff non-discounted monthly recurring charges in effect as of the Effective Dale times the number of months Service was provided.In addition,Customer shall also be liable for any installation and/or other non-recurring charges that were waived.(b)If Call One terminates Service(s)in whole or in part due to Customer's non-payment or default,customer will be deemed to terminate the Service(s)and liable for all early termination charges.(c)If Customer cancels Service before the Service is established,Customer shall be liable to Call One for all reasonable expenses incurred by Call One to process the order for Service. 6.Inside Wiring.The applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician-charges page of the Call One website at www.callone.com,Inside wiring provided by a third party vendor will be billed at their applicable rates and charges.In addition,any installation charges identified on Page 1 of this Agreement applies to the initial Service installation and does not include inside materials and wiring. 7.Liability.The entire liability of Call One,if any,for damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof The foregoing limitation of liability includes any mistakes,omissions,interruptions, delays,errors or defects in transmission occurring in the course of installing and/or furnishing the Service. 8.Applicability of Tariffs.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then-applicable state tariff,which tariff is incorporated by reference.State tariffs are available through the regulatory page of the Call One web site currently at www.callone.com.Customer acknowledges all services purchased pursuant to this agreement are for business purposes 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Call One,which consent will not be unreasonably withheld or delayed.Any prohibited assignment shall be void ab initio 10.Entire Agreement.Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents.The terms contained in this Agreement and any documents attached and referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof. 11.Jurisdiction/Collection Costs.Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be commenced in any state or Federal court of competent jurisdiction in the State of Illinois.The Parties submit and expressly consent to the jurisdiction of such court and expressly waive any right to a trial by jury.Call One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees. Customer initials Ca//One initials N Call One Inc. OD 225 W Wacker Drive 8th Floor-Chicago.11,60606-Telephone 312-681-8300-Fax 312-681-8301 Cil Page 3 of 3 CALLGil' c­ ISDN-PRI Renewal Customer Service Agreement This Customer Service Agreement("Agreement")by and between Call One®Inc.,with a principal place of business at 225 West Wacker,Floor 8,Chicago,IL 60606("Call One")and the customer identified immediately below("Customer")is effective as of the date indicated by the date Call One accepted this Agreement as set forth below(the'Effective Date").The Services described herein are subject to the Terms and Conditions set forth in this Agreement. Customer cry of Canton Address 2 N.Main City Canton ST IL ZIP 61520 Please check box to determine term and discount [ ]1 Year [ ]2 Year [X]3 Year Additional Charges:All rates and discounts are subject to the rates and discounts contained in the SPC underlying agreement. DID Porting/Installation Charge$1.00/DID number.DID MRC at$2.00/block of ten(10).20%discount on applicable features. Carrier Access-WAIVED. Service/Additional Terms: Renewal of existing services.Circuit ID DZZD.537601 BTN 309R26.4520 Telephone Numbers associated with this account: Physical Location City,State BTN 2 N MAIN;Fir 1 CANTN,IL 309-1126-4520 Circuit ID NRC MRC Term D2ZD.537601 None-Renewal $475.00 36 Months all tired c elo r awareDate CaflOne authorised signature :7 tea . e5;P,2 _ � Print name 7Ylfe Print name Date -I N Call One Inc. -0� 225 W Wacker Drive 8th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 (J1 Page 1 or 2 Terms and Conditions 1.Term.Customer hereby orders the Services as identified on Page 1 of this Agreement and miscellaneous services incident thereto for the term selected by Customer on Page 1 of this Agreement(the'Term").Upon expiration of the Term,the monthly recurring charges applicable to a Tenn other than Month-to-Month will revert to Call One's prevailing month-to-month rates unless Customer has(1)entered into a successor agreement or(2) canceled the Service,in each case effective as of the expiration of the Term.Call One is not responsible for notifying customer of the expiration of any Term.The Term shall begin on the later of(1)the date Call One signs the first page of this Agreement and(ii)the date any installation necessary to begin the Service is completed. 2.Rates.(a)The Monthly Charge and usage rates identified on Page 1 of this Agreement will apply to the Services during the Term.Upon expiration of the Term,the Monthly Charge and usage rates will revert to Call One's prevailing monthdo-month rates for the Service unless Customer has(1)entered Into a successor agreement or(2)canceled the Service,in each case effective as of the expiration of the Terre.(b)Installation,service establishment and/or other non-recurring charges("Non-Recurring Charges")incident to the Services will apply as identified on Page 1 of this Agreement.(c)Call One shall also bill Customer as a separate line item all applicable federal,state and other governmental fees,surcharges and taxes. 3.Authorisation.Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s)and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers(BTN)and/or physical location listed on Page 1 and included in any supplement to this Agreement.This grant of agency shall remain in effect until revoked by Customer. 4.Existing Commitments.(a)If Customer has an existing tern commitment contract with another service provider(a'Third Party Commitment.")that is not specifically identified as being terminated pursuant to Section 4(b),Customer acknowledges that,in addition to the Terms and Conditions of this Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties,fees or charges by virtue of that Third Party Commitment.(b)If as part of Call One's provision of Services Customer has agreed to terminate a Third Party Commitment(s)identified on Page 1 of this Agreement,Customer agrees that it is solely responsible for the fees associated with such termination. 5.Early Termination/Cancellation.Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/concellation of Servioe(s).(a)If Customer terminates the Service in whole or in part prior to the expiration of the Term,Customer will be liable for an early termination charge,as liquidated damages and not as a penalty,equal to(1)fifty percent(50%)of the Monthly Charge payments remaining for the Term of this Agreement,(2)any special construction charges required to make the Service available(3)any previously waived installation and/or other non-recurring charges and(4)the difference between the total usage charges billed to Customer at the usage rates Customer received for the Term in this Agreement and the total usage charges that would have been billed to Customer at the Call One tariff month-to-month usage rates in effect as of the Effective Date.(b)if Customer cancels Service before the Service is established,Customer shall be liable to Call One for all reasonable expenses Incurred by Call One to process the order for Service,including any special construction charges.Termination/cancellation charges are due within fifteen(15)days of the effective date of terminatiordexpirstion. 6.Inside Wiring.The applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician-charges page of the Call One website at www.callone.00m.Inside wiring provided by a third party vendor will be billed at their applicable rates and charges.In addition,any installation charges identified on Page 1 of this Agreement applies to the initial Service Installation and does not include Inside materials and wiring. 7.Liability.The entire liability of Call One,if any,for damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof. 8.Applicability of Tariffs.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then-applicable state tariff,which tariff is incorporated by reference.State tariffs are available through the regulatory page of the Call One website currently at wwwv.cefone.com.Customer acknowledges all services purchased pursuant to this agreement are for business purposes. 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Call One,which consent will not be unreasonably withheld or delayed.Any prohibited assignment shall be void ab inkin. 10.Entire Agreement.Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents.The terms contained in this Agreement and any documents attached hereto and referenced herein or therein constitute the entire agreement between the parties with respect to the subject matter hereof,superseding all prior and contemporaneous understandings,proposals and other communications,oral or written. 11.Jurisdiction I Collection Costs.Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be commenced in any state or Federal court of competent jurisdiction in the State of Illinois.The Parties submit and expressly consent to the jurisdiction of such court and expressly waive any right to a Inial by jury.Call One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees. Customer initials Call One initials Call One Inc. -0 OD 225 W Wacker Drive 8th Floor-Chicago,11.60606-Telephone 312-681-8300-Fax 312-681-8301 V7 Page 2 of 2 CALL( , ISDN-PRI Renewal Customer Service Agreement This Customer Service Agreement("Agreement')by and between Call OneO Inc.,with a principal place of business at 225 Wort Wacker,Floor 8,Chicago,IL 60606("Call Otte")and the customer identified immediately below("Customer")is effective as of the date indicated by the date Call One accepted this Agreement as set forth below(the"Effective Date").The Services described herein are subject to the Terms and Conditions set forth in this Agreement. Customer -city—of C=Qn Address 2 N.Main CIty Canton c 4 ST IL ZIP 61520 Please check box to determine term and discount [ ]1 Year [ ]2 Year [X]3 Year Additional Charges:All rates and discounts are subject to the rates and discounts contained in the SPG underlying agreement. DID Porting/Installation Charge S1.00/DID number.DID MRC at$2.00/block of ten(10).20%discount on applicable features. Carrier Access-WAIVED. Servke/Additional Terms: Renewal of existing services.Circuit ID DZZD.537601 BTN 309826.4520 Telephone Numbers associated with this account: Physical lAoeatloa City,state BTN 2 N MAIN:Fir t CANTN,IL 3094128.4520 Circuit ID NRC MRC Term DZZD.537601 None-lenawal $47500 36 Months 21 _. I! r.F d r rr gl.• !nn l�m C.a!lONe outhonsed elgratwe / Gv'fr Prmt Nagle nal, Prim)name L1aft Call One Inc. 00 225 W Wacker Drive 8th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 Page 1 of 2 Terms and Conditions 1.Term.Customer hereby orders the Services as identified on Page t of this Agreement and miscellaneous servlces Incident thereto for the term selected by Customer on Page t of this Agreement(the"Term").Upon expiration of the Term,the monthly recurring Changes applicable to a Terre other than Month-to-Month will revert to Call One's prevailing month4o-month rates unless Customer has(1)entered into a successor agreemerd or(2) canceled the Service,in each case effective as of the expiration of the Tenn.Call One is not responsible for notifying customer of the expiration of any Tenn.The Term shell begin on the later of()the date Call One signs the first page of this Agreement and(id)the date any installation necessary to begin the Service is completed. 2.Raba.(a)The Monthly Change and usage rates identified on Page 1 of 1Ms Agreement will apply to the Services during the Tenn.Upon expiration of the Term,the Monthly Charge and usage rates will revert to Cal One%prevailing month-to-month rates for the Service unless Customer has(1)entered Into a successor agreement or(2)canceled the Service,In each case eftedive as of the expiration of the Tenn.(b)Installation,service establishment and/or other ran-recurring charges("Non4tecurring Charges')incident to the Services will appy as idanitfied on Page 1 of this Agreement.(c)Call One shall also bill Customer as a separate line item all applicable federal,state and other governmental fees,surcharges and texas. 3.Authorization.Customer authorizes Cal One to act as Its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s)and to submit orders to reflect the Services ordered under this Agresmant for the specific Billing Telephone Numbers(BTN)and/or physical location listed on Page 1 and included in any supplement to this Agreement.This grant of agency shall remain In effect until revoked by Customer. 4.Extolling Commitments.(a)If Customer has an existing tern commitment contract with another service provider(a'Third Party Commitment')that Is not specifically Idertlf ed as being terminated pursuant to Section 4(b),Customer acknowledges that,In addhion to the Terms and Conditions of this Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely mapona ble for any pamitles,fees or charges by virtue of that Third Party Commitment,(b)if as part of Call One's provision of Services Cuatomer has agreed to terminate a Third Party Commitment(s)Identified on Page 1 of this Agreement,Customer agrees that it to solely responsible for the fees associated with such termination. 5.Early TerminationiIConcellodon,Customer shall be required to provide Call One a minimum of 30 days notice in writing of any lermination tcaneellation of Service(s),(a)if Customer terminates the Service in whole or in part prior to the expiration of the Term,Customer will be liable for an early termination charge,as liquidated damages and not as a penally,equal to(1)fifty perewt(60%)of the Monthly Charge payments remaining for the Term of this Agreement,(2)any special construction charges required to stake the Service available(3)any previously waived Installation and/or other non-recurring charges and(4)the difference between the total usage charges billed to Customer at the usage rates Customer received for the Term in this Agreement and the total usage charges that would have been biled to Customer at the Call One tariff month-to-month usage rates in effect as of the Effective Date.(b)If Customer cancels Service before the Service Is established,Customer shall be liable to Cell One for all reasonable expenses incurred by Call One to process the order for Service,including any special construction charges.Termination/cancellation charges are due within fifteen(15)days of the effective date of termination/expiration. 6.Inside Wiring.The applicable rates for inside wiring provided directly by Cal One to Customer are specified on the teehrAclon-charges page of On Cal One websile at www,Callone.Com.Inside wiring provided by a third party vendor will be blled at their applicable rates and charges.In addition,any installation charges ldentifled on Page 1 of this Agreement apples to the initial Service installation and does not include Inside materials and vdring. 7.Liability.The entire labllily of Call One,If any.kyr damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which may arise from Call One's performance or non-performance of the Services Is limited to an amount equal to a prorated adjustment of appl'rcabde mathly recurring charges for the Services affected or any portion thereof. 8,ApplcabIlRy of Tortilla.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Cell One's then-applicable stab tariff,which tariff Is Incorporated by reference.State tariffs are avolable through the regulatory page of the Cal One webeite currently at www.coNone.com.Customer acknowledges all serAoss purchased pursuant to this agreement are for business purposes. 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Cal One,which consent will not be unreasonably withheld or delayed.Any prohibited assignment shalt be void ab Initis. 10.Entire Agreement.Signed fecsimle or scanned copses of this Agreement will legally bind the parties to the same extent as originally executed documents.The tarns contained In this Agreement and any documents attached hereto and referenced herein or therein conslitute the entire agreement between the parties with respect to the subject matter hereof,superseding all prior and contemporaneous understandings,proposals and other communications,oral or written. 11.Jurisdiction I Collection Costs.Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be corrvnenoad in any state or Federal court of competent jurisdiction In the State of Illinois.The Parties submit and expressly consent to the jurisdiction of such court and expressly waive any right to a trial by jury,Call One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees. Customer initials Call One initials _ —4 N Call One Inc. 0 OD 225 W Wacker Drive 8th Floor-Chic W,I1.60606-Telephone 312.681.8300-Fax 312-681-8301 CA a) O Page 2 of 2 CALL(, ,, Renewal Customer Service Agreement This Customer Service Agreement("Agreement")authorizes Cali One®Inc.,with a principal place of business at 225 West Wacker, Floor 8,Chicago,11.60606("Call One")to provide telecommunication services("Services")to the customer identified immediately below("Customer"),The Services provided hereby are subject to the'ferms and Conditions set forth in this Agreement. Customer Address 2 N. Main City Canton ST IL LIP 61520 Please check box to determine term and discount [XI 1 Year [ 2 Year [ ]3 Year Additional Charges:All rates and discounts are subject to the rates and discounts contained in the SPC underlying agreement. Waive PIC Fees, Service/Additional Terms: Renewal of existing services. Billing Telephone Numbers(BTN)associated with this account: Physical Location City,Stale STN 101 E SPRUCE;Fir 1 CANTN,IL 309-647-0040 25495 N LAKESHORE DR CANTN,IL 309-647-0060 2 N MAIN;Fir 1 CANTN,IL 309-647-1268 2 N MAIN;Fir 1 CANTN,It. 309-647-1310` 350 W HICKORY CANTN,It 309-647-1391H 101 E SPRUCE;Flr 1 CANTN,It. 309-647-3358 2 N MAIN;Fir 1 CANTN,IL 309-647-5131 101 E SPRUCE;Fir 1 CANTN,IL 309-647-5444 504 W LOCUST CANTN,IL 309-647-7002 pu," ,+r n,nurr l kllr 1 r. .... uu7L.u'l.rtl.r 1pu"hrly - I'wyl ,Ill r lY !'1'lll/llrllll, /1;lll N Call One Inc- 00 225 W Wacker Drive 8ih Floor-Chicago.IL 60606-1 elchhonc 312.081-8300-Fax 312-681-8301 Ln (O Paye 1 of 3 0) Billing Telephone Numbers(BTN)(continued): 2028 N MAIN;Fir 1CANTN,IL 309-647-7497 _-- ----------- _.__.._,. -----_. 25495 N LAKESHORE OR;Fir 1 CANTN,IL 309-647-8767 19847 N BANNER DIKE RD BANR.IL 309-647-9148 25 ENTERPRISE LN;F1r 1 CANTN,IL 309-647-9288 - 25495 N LAKESHORE DR;Fir 1 CANTN,IL 309-647-9366 25495 N LAKESHORE DR;Fir 1 CANTN,IL 309-647-9600 350 W HICKORY;Fir 1 CANTN,IL 309-647-9821 355 S STH AV;Fir 1;des anderson list sta CANTN,IL 309-649-8426 23900 E TREATMENT PLANT RD;Fir 1;des east side list sta CANTN,IL 309-649-8428 ---------- 101 E SPRUCE;Fir 1 - _ CANTN,IL 309-649-9722 101 E SPRUCE Fir 1,IL 309-R26-2884 1000 N 4TH AV;Fir 1 CANTN,IL 309-Z01-0101 Ct�slonrer inilials �/Y' Call One initials N Call One Inc. C)D 225 W Wacker Drive 81h I'loor-Chicago.Il.60606-'l clephone 312-681-8300-I•az 312-681-8301 0) Pape 2 of 3 Terms and Conditions 1,Term Customer hereby orders the Local Exchange,Interexchange and miscellaneous services incident thereto as described herein(collectively,the "Services")for the term selected by Customer on Page 1 of this Agreement(the"Term"),effective as of the date the Services are Installed or first provided(the"Effective Date").Upon expiration of the Term,the usage rates and monthly recurring charges applicable to a Term other than Month-to-Month will revert to Call One's prevailing month-to-month rales unless Customer has(1)entered into a successor agreement or(2)canceled the Service,in each case effective as of the expiration of the Term Call One is not responsible for notifying custorner of the expiration of any Term 2.Rates.(a)Unless otherwise specified on Page 1 of this Agreement,Call One's prevailing month-to-month rates for lines,features,other monthly recurring charges and non-recurring charges(e g.,installation,service establishment andlor other non-recurring charges)will apply to the Services By executing this Agreement,Customer acknowledges that it has received notice of and Is aware of the rates and other charges that apply to the Services that are not specifically identified on Page 1 of this Agreement.If there is any change to Call One's prevailing rates or charges that apply to the Services,Customer will be notified in its monthly invoice or in the applicable state tariff,effective as stated therein If Customer has elected a Term other than Month-to-Month,the usage rates and monthly recurring charges(each expressed as a rate or as a discount off Call One's prevailing month-to-month rates)identified on Page 1 of this Agreement will apply to the Services during the Term (b)Call One shall also bill Customer as a separate line item all applicable federal,state and other governmental fees,surcharges and taxes,(c)Call One may,at its sole discretion,increase the rates for Band C, 1*long distance or inbound 8001888 toll-free Services,if and to the extent the charge from the local exchange carrier to terminate the outbound calls or to originate the inbound calls exceeds twenty-five percent of the rate for that Service,and that Service will be provided on a month-lo-month term. 3.Authorization Customer authorizes Cali One to act as its agent for purposes of obtaining Information on Customer's existing telecommunications and related service(s)and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers(87N)and/or physical locations listed below and included in any supplement to this Agreemeru This grant of agency shall remain in effect until revoked by Customer 4.Existing Commitments.(a)If Customer has an existing term commitment contract with another service provider(a"Third Party Commitrrte fir), Customer acknowledges that,in addition to the Terms and Conditions of this Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties,fees or rd,aiges by virtue of that Third Party Commitment.(b) If,as pert of Call One's provision of Services,Customer teammates a Third Party Commltment(s),Customer agrees that it Is solely responsible for the fees associated with such termination Further,no discount is provided for the related services unless and until Customer has agreed to terminate the Third Party Commitment(s)as provided above or the Third Party Commitment(s)has expired and Customer has entered a new agreement directly with Call One. S.Early Termination/Cancellation.Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation of Service(s).(a)If Customer terminates the Service in whole or in part prier to the expiration of the Term,Customer will be liable for an early termination charge equal to the Term Savings Recovery.As used herein,"Term Savings Recovery"Is the total usage and monthly recurring charge discount received by the Customer calculated as follows:(A)the difference between the total usage charges billed to Customer at the discounted rates Customer received for the Term selected in this Agreement and the total usage charges that would have been billed to Cuslomer at the Call One tariff month to-month usage rates In effect as of the Effective Date,and(B)the difference between the discounted monthly recurring charges Customer received for the Term selected in this Agreement and the Call One tariff non-discounted monthly recurring charges in effect as of the Effective Date trues the number of months Service was provided.In addition.Customer shall also be liable for any installation and/or other non-recurring charges that were waived.(b)If Call One terminates Service(s)in whole or in part due to Customers non-payment or default,customer will be deemed to terminate the Service(s)and liable for all early termination charges (c)It Customer cancels Service before the Service is established,Customer shall be liable to Call One for all reasonable expenses Incurred by Call One to process the order for Service. 6 Inside Wiring 1 he applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician-charges page of the Cal One website at www.callone com.Inside wiring provided by a third party vendor will be billed at their applicable rates and charges.In addition,any installation charges identified on Page 1 of this Agreement applies to the initial Service installation and does not include inside materials and wiring, 7.Liability.The entire liability of Call One,if any,for damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof.The foregoing limitation of liability includes any mistakes,omissions,Interruptions, delays,errors or defects in transmission occurring in the course of installing and/or furnishing the Service 8 Applicability of Tariffs.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then-applicable state tariff,which tariff is incorporated by reference.State tariffs are available through the regulatory page of the Call One web site currently at www callone com.Customer acknowledges all services purchased pursuant to this agreement are for business purposes 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Call One,which consent wig not be unreasonably withheld or delayed.Any prohibited assignment shall be gold ab milt 10.Entire Agreement.Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents The terms contained in this Agreement and any documents attached and referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof 11.Jurisdiction 1 Collection Costs Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be commenced in any state or Federal court of competent jurisdiction in the State of Illinois The Parties submit and expressly consent to the jurisdiction of such court and expressly wave any right to a trial by jury Can One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees l'ushmmermainls`f_4 /'all(hie lamaA � N Call One Inc. 00 225 W Wacker Drive Sth floor-(.'hicago.It.60606-Telephone 312-691-8300-Fax 312-681-8301 01 Paye 3 or 3