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<br />----------,cc__.. - ., <br /> <br />4. Charges and Billing. <br />4.1 Customer shall pay the total monthly recurring charges ("MRC") and nonrecurring charges ("NRC") specified in Exhibit <br />1. Customer shall pay each bill in full by the payment due date on each bill ("Due Date"). Any amount owed and not received <br />by Qwest by the Due Date shall be considered past due and subject to a late charges as specified by Tariff, and if there is no <br />such rate specified by Tariff, the late charge shall be equal to one and one half percent (1Y2%) per month or the maximum <br />allowed by law, whichever is less. <br /> <br />4.2 In addition to the MRC and NRC, Customer is responsible for all taxes, surcharges and similar type charges <br />assessed on Customer's Service ("Taxes"). Qwest may modify the payment terms or require other reasonable assurance <br />of payment if Qwest reasonably deems itself insecure with respect to Customer's ability to pay. <br /> <br />4.3 The charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will <br />be offered and charged to Customer independently from and regardless of the Customer's purchase of any customer <br />premises equipment or enhanced services from Qwest. <br /> <br />4.4 If Service is not available in Customer's switch, interoffice mileage MRCs and NRCs for transport between <br />switches shall apply. <br /> <br />5. Service Changes. <br />5.1 Moves. Customer may move the physical location of all or part of Service to another location within a Qwest <br />serving area, provided the following conditions for the move are met; (a) Service moved to the new location is provided to <br />Customer by Qwest; (b) Customer advises Qwest that Service at the new location replaces existing Service; <br />(c) Customer's requests for the disconnection of the existing Service and the installation of Service at the new location are <br />received by Qwest on the same date; (d) Customer requests that Qwest install the Service at the new location on or prior <br />to the disconnection date of the existing Service; (e) Customer agrees to execute a written amendment evidencing the <br />move; and (f) Customer agrees to pay all applicable charges for Service that will be provided at the new location. <br /> <br />5.2 Additions to Service. Service may be added up to twelve (12) months prior to the expiration date of this <br />Agreement, at the rates in effect at the time of such addition. Qwest will supply such additions to Customer, subject to the <br />following conditions: (a) Customer executes an appropriate amendment for such service; (b) Qwest commercially offers <br />such additions and necessary facilities are technically and practicably available; and (c) a new Minimum Service Period is <br />established for each new addition to Service. <br /> <br />5.3 Notwithstanding Section 5.2, Service may be added during the twelve (12) months prior to the expiration date of <br />this Agreement, under the following circumstances: (i) Customer and Qwest renegotiate and execute a new agreement <br />that would include existing Service plus the additional Service; (ii) Service is ordered pursuant to a new and separate <br />agreement; or (iii) Service is ordered under the month-to-month tariff rates then in effect. <br /> <br />6. Termination Liability. <br />6.1 Qwest may (a) immediately suspend all or any part of the Service, and/or (b) terminate this Agreement (effective <br />after the applicable notice period): (i) for Cause or (ii) upon written notice if Customer becomes or is declared insolvent or <br />bankrupt or is the subject of any proceedings related to its liquidation, insolvency or for the appointment of a receiver or <br />similar officer for it. "Cause" means the failure of a party to perform a material obligation under this Agreement which <br />failure is not remedied, if curable, upon thirty (30) calendar days written notice. Customer may terminate this Agreement <br />for Cause. If Customer terminates this Agreement for Cause prior to the conclusion of the Term, then Customer shall <br />remain liable for charges accrued but unpaid as of the termination date. <br /> <br />6.2 If, prior to the conclusion of the Term, this Agreement is terminated either: (a) by Customer for any reason other <br />than Cause, or (b) by Qwest pursuant to Section 6.1, then Customer shall be liable for: (i) any termination charge; and (ii) <br />accrued and unpaid charges for Service provided through the effective date of such termination. "Termination Charge" <br />means an early termination charge that is imposed if the Agreement is terminated prior to the conclusion of the Term. <br /> <br />6.3 If such termination is prior to the date Service is available for use, Termination Charges shall be those reasonable <br />expenses incurred by Qwest through the date of termination. <br /> <br />6.4 If during the Minimum Service Period, Customer terminates this Agreement, or any portion of Service, for any <br />reason other than Cause or Qwest terminates this Agreement under Section '6.1, Customer shall pay a Termination <br />Charge of one hundred percent (100%) of the MRC (or the applicable fraction thereof) multiplied by the number of months <br />remaining in the Minimum Service Period, plus a Termination Charge of fifty percent (50%) of the MRC (or the applicable <br />fraction thereof) multiplied by the number of months remaining in the Term after the Minimum Service Period. <br /> <br />Copyright @ 2004 Qwest. 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