<br />QWEST ISDN PRS / DSS Advanced SPRING ACTION OFFER
<br />March 10, 2008 - June 6,2008
<br />
<br />(THIS PROMOTIONAL OFFER IS NOT SUBJECT TO NEGOTIATION OR REVISION BY CUSTOMER)
<br />
<br />This awest Corporation ISDN PRS lOSS Advanced Spring Action Offer Agreement ("Agreement") is between Cass County, 211 9th
<br />ST, Fargo, NO 58103 ("Customer") and Qwest Corporation ("awest") and is effective on the date awest signs it ("Effective Date").
<br />awest will provide, and Customer will purchase, awest Integrated Services Digital Network Primary Rate Service ("ISDN PRS") and/or
<br />Digital Switched Service with "Advanced" trunks ("DSS") provided under this Agreement (individually and collectively referred to as
<br />"Service").
<br />
<br />Any awest tariff, price list, price schedule, administrative guideline, catalog, and other rate and term schedules (hereinafter, whether
<br />individually or together, "Tariff') applicable to the Service is incorporated into this Agreement by reference and made a part of this
<br />Agreement. The Service will be governed by: (a) the Tariff applicable to the Service; and (b) to the extent a comparable Tariff term or
<br />condition does not apply to the Service, the terms and conditions set forth in this Agreement. awest reserves the right to amend,
<br />change, withdraw, or file additional Tariffs in its sole discretion, with such updated Tariffs effective upon posting or fulfillment of any
<br />necessary regulatory requirements. Service is subject to technical publication 77400 located at http://www.awest.com/techpub/ ("Tech
<br />Pub").
<br />
<br />1. Scope.
<br />1.1 ISDN PRS. If Customer purchases ISDN PRS, awest will provide digital intraLATA, intrastate, switched local exchange
<br />telecommunications service utilizing ISDN PRS technology that transports and distributes voice, data, image, andlor facsimile
<br />communications separately or simultaneously over the public, switched, local exchange network. An ISDN PRS circuit includes a DS1
<br />facility, an ISDN PRS service configuration, and trunks. ISDN PRS operates at 1.544 megabits per second (Mbps). ISDN PRS may be
<br />configured as 23 B channels and one 0 channel, 24 B channels only (24B), or 23 B channels and one back-up 0 channel (23B+BUD).
<br />Each B channel transmits voice or data at 64 kilobits per second (Kbps). The 0 channel carries signaling information at 64 Kbps.
<br />
<br />1.2 ISDN PRS-UAS. Customer may also select Uniform Access Solution service as an optional feature as that service is defined
<br />in the Tariff under Primary Rate Service. An ISDN PRS-UAS circuit provides digital service with single-number route indexing, which
<br />includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll network access.
<br />Each DS1 facility utilizes the channels configured as: (a) In-only trunking; or (b) Two-way trunking.
<br />
<br />1.3 DSS Advanced. If Customer purchases DSS Advanced, awest will provide Customer with a circuit that includes a digital DS1
<br />facility, common equipment to interconnect with awest's local exchange switching office and advanced, flat usage trunks and DID trunk
<br />termination for access to the local exchange and toll networks. DSS Advanced operates at a maximum speed of 1.544 Mbps.
<br />
<br />1.4 If Customer is a provider of "information service," as that term is defined in 47 U.S.C. ~153 (20), Customer represents and
<br />warrants that ISDN PRS under this Agreement will not be used to provide information service to its End Users, including but not limited
<br />to termination or origination of Voice over Internet Protocol ("VoIP"). "End Users" means any entity to which Customer provides
<br />information service. If at any time during the Term of this Agreement this representation and warranty is no longer accurate, Customer
<br />agrees to notify awest and execute a new agreement.
<br />
<br />2. Eligibility. In order to qualify for pricing under this Agreement (a) Customer must sign and return this Agreement to awest no
<br />later than June 6, 2008; (b) Service must be installed, and Customer must accept Service, no later than July 7, 2008, unless a facility
<br />delay is caused by awest; and (c) ISDN PRS Service location(s) must served by disclosed ISDN wire centers, including Remote
<br />Central Offices ("RCO"), as defined in the Tariff.
<br />
<br />3. Term.
<br />3.1 This Agreement will expire 60 months from the date the Service is available to Customer under this Agreement, as evidenced
<br />by awest records ("Term"). The Minimum Service Period for Service is 12 months from the date Service is available for use ("Minimum
<br />Service Period"). Any Service installed for 12 consecutive months prior to the Effective Date of this Agreement will be deemed to have
<br />met the Minimum Service Period.
<br />
<br />3.2 Should awest continue to provide the Service after this Term without a further agreement, the service charges will convert to
<br />the applicable month-to-month rate under the terms and conditions of the applicable Tariff.
<br />
<br />4. Service Provided.
<br />4.1 awest will provide and maintain the Service at the locations and in the quantities specified in Exhibit 1, incorporated herein by this
<br />reference.
<br />
<br />4.2 awest will notify Customer of the date the Service is available for use. In the event Customer informs awest that it is unable
<br />or unwilling to accept the Service at such time, the subject Service will be held available for Customer until the earlier of either 30
<br />business days from such date, or July 7, 2008 ("Grace Period"). If after the Grace Period, Customer still has not accepted Service,
<br />awest may either: (a) commence with regular monthly billing for the subject Service; or (b) cancel the subject Service. If Customer
<br />cancels an order for Service prior to the date the Service is available for use, or is unable to accept the Service during the Grace Period
<br />and awest cancels the Service at the end of the Grace Period, the Tariff cancellation charges may apply.
<br />
<br />Copyright @ awest. All Rights Reserved.
<br />
<br />Page 1
<br />CONFIDENTIAL
<br />
<br />v1.040908
<br />
|