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Verizon - Customer Specific Arrangementverrzon CUSTOMER SPECIFIC ARRANGEMENT (Intrastate Detariffed Services — California) Routing Code: 5V Customer Name: City of Gilroy ( "Customer ") I Main Billing Tel. No: 408 - 197 -7757 Address: 7351 Rosanna Street, Gilroy, CA 95020 1 Agreement No. CM2013 Services. Customer hereby requests and agrees to purchase from the Verizon company(ies) identified in the applicable Exhibit(s) ( "Verizon ") the services, at the Customer locations identified in Exhibits A and B attached to this Agreement, and in any Addendum expressly made a part hereof, (the "Services ") pursuant to this Agreement and Verizon's applicable ILEC Product Guide, for the service period stated in the Exhibit or Addendum applicable to such Service (the "Service Period "). This Agreement and any Exhibit hereto shall become effective when executed by an authorized Verizon representative and an authorized representative of Customer (the "Effective Date "). Under no circumstances may Customer resell the Services being provided under the rates, terms and conditions of this Agreement. Each Verizon entity contracting under this Agreement is responsible only for the performance of the Services it is providing as set out in each Exhibit hereto and is not responsible for the performance of any other entity's obligations under this Agreement. Customer Consent to Use of Customer Proprietary Network Information (CPNI). Verizon acknowledges that it has a duty, and Customer has a right, under federal and /or state law to protect the confidentiality of Customer's CPNI. CPNI includes information relating to the quantity, technical configuration, type, destination, location, and amount of use of the telecommunications and interconnected voice over Internet Protocol services Customer purchases from Verizon, as well as related local and toll billing information, made available to Verizon solely by virtue of Customer's relationship with Verizon. With Customer consent, Verizon may share Customer CPNI and other Confidential Information among its affiliates, including Verizon Wireless, and with agents and partners, so that all may use this information to offer Customer the full range of products and services offered by Verizon and its affiliates, including local, long distance, wireless, and Internet services (see vAvw.verizon.com for a description of Verizon companies and services). By signing this Agreement, Customer consents to Verizon using and disclosing Customer CPNI as described above. Customer may refuse CPNI consent by signing this Agreement and by notifying Verizon in writing at cpni- notices &verizonwireless.com and c ni- notices(Dverizonbusiness.com of Customer's decision to withhold Customer's consent. Customer's consent or refusal to consent will remain valid until Customer otherwise advises Verizon, and in either case, will not affect Verizon's provision of service to Customer. ILEC Product Guide. Verizon's provision of the Services hereunder shall be governed by Verizon's Incumbent Local Exchange Carrier Product Guide (located at http: / /www.verizon.com /tariffs) ( "ILEC Product Guide ") and this Agreement. The ILEC Product Guide is incorporated into the Agreement by this reference. In the event of a conflict between the terms and conditions of the ILEC Product Guide and this Agreement, the terms and conditions of this Agreement shall prevail. With respect to the documents of the Agreement, the terms and conditions of the Service Exhibit shall have the highest order of precedence. Verizon may modify the ILEC Product Guide at any time and such modifications will become binding on Customer as further described below. To the extent such changes are material (and other than changes related to governmental charges or any applicable taxes), Verizon shall notify Customer of such changes via a bill insert, as a message on Customer's bill, in a separate mailing, by email or by any other reasonable method at Verizon's discretion. Such changes will become effective no sooner than thirty (30) days after such notice is provided. In the event such changes materially and adversely affect Customer, Customer may terminate the affected Service without the application of termination liability by providing Verizon immediate written notice of Customer's request to terminate, unless within (30) thirty days after receipt of Customer's termination notice Verizon agrees to revise the change in such a manner as to remove the material adverse effect on Customer. Customer shall remain responsible for the payment for Services rendered until the effective date of the termination. Customer's continued use of the Service after the material change becomes effective constitutes Customer's acceptance of the change. Customer Responsibilities. Customer agrees to provide Verizon with any access and support necessary for the implementation, maintenance and provision of the Services requested hereunder. Customer is responsible for taking all steps necessary to interconnect the Services at Customer's location(s) including ensuring proper interconnection with the facilities and equipment provided by Verizon, paying all costs associated with interconnection, securing any necessary licenses, right of ways and permits and providing proper space, electrical power, heating, ventilation and cooling. Verizon shall not be liable for any damages or losses caused by the failure ICB Case No. 2013 - 660610 VERIZON CONFIDENTIAL - 1of11- N VZ Generated By: T.IA 4.25 %14 VZ Approved To Form: TJA 4 25 14 of equipment, inside wire or other facilities provided by Customer or a third party, and Customer shall be' liable if such facilities cause damage to Verizon, its network, customers, equipment and /or Verizon's providers. Customer is solely responsible for the selection, implementation and maintenance of security features for protection against unauthorized or fraudulent use of the Service(s) and Verizon shall have no liability therefore. Service or Term Period. Customer shall purchase such Services for a period of thirty -six (36) consecutive months from the in- service date.' The in- service date shall be the date, after the Effective Date defined above, on which Verizon's provisioning has been completed and the Service is available for Customer's use. Charges and Payment. Customer will pay the rates and charges set forth in the attached Exhibit(s) and in any Addendum made a part hereof, which shall be fixed during the Service Period, and shall also pay all applicable taxes, fees, and other applicable charges, including Federal End User Common Line Charges, charged pursuant to applicable law or regulations. in connection with the Services. Taxes, fees and /or surcharges are subject to change without notice to Customer, except as may be required by law. Except as otherwise provided in the Agreement, if Customer cancels or terminates this Agreement or any Services prior to expiration of the Service Period, Customer will promptly pay to Verizon termination charges as set forth in the applicable Exhibit(s) and Addendum(a). Verizon shall invoice Customer monthly and payment will be due Net 30 days from the invoice date. Undisputed charges paid after the due date may be subject to late payment charges as set out in the ILEC Product Guide until Customer's account is current. Any back billing limitations otherwise applicable to the Services pursuant to the ILEC Product Guide shall not apply to the Services under this Agreement. Unauthorized Use. Verizon shall not be liable for any damages, including charges for Services that Customer may incur as a result of the unauthorized use or misuse of the Services by Customer, Customer's employees, third parties or other members of the public. Customer shall remain responsible for such charges. Indemnification. Customer agrees to defend, indemnify and hold Verizon, its employees, affiliates and agents, harmless from any and all losses, claims, demands, expenses (including reasonable attorney's fees), or any liability whatsoever, arising from any use of the Services by Customer or by person or entity permitted by Customer to use the Services, including without limitation, liability resulting from the content of communication such as defamation, fraud or invasion of privacy, or any combination of the Services with other products or services not provided by Verizon, any modification of the Services or any infringement of intellectual property. Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE ILEC PRODUCT GUIDE, VERIZON DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VERIZON KNEW OR SHOULD HAVE KNOW SUCH PURPOSE) AND NON-INFRINGEMENT. CUSTOMER AGREES THAT THE SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VERIZON DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER'S NEEDS, OR WILL BE UNINTERRUPTED, ERROR -FREE, OR SECURE. Limitation of Liability. EXCEPT FOR DAMAGES RESULTING FROM UNAUTHORIZED OR ILLEGAL- USE OF THE SERVICE BY CUSTOMER, ITS EMPLOYEES, AGENTS, SUBCONTRACTORS OR OTHER THIRD PARTIES, NEITHER PARTY (NOR ITS SUPPLIERS OR AFFILIATES) SHALL- BE LIABLE TO THE OTHER PARTY FOR PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING IN CONNECTION WITH THE SERVICES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EITHER PARTY'S MAXIMUM TOTAL LIABILITY TO THE OTHER PARTY IN CONNECTION WITH THE SERVICES, FOR ANY AND ALL CAUSES OF ACTION AND CLAIMS, SHALL BE: (A) FOR DAMAGES DUE TO FAILURES OR DISRUPTION IN THE SERVICES CAUSED BY THE PARTY'S NEGLIGENCE OR BREACH OF OBLIGATIONS UNDER THE AGREEMENT, INCLUDING THE ILEC PRODUCT GUIDE, THE CHARGES FOR THE AFFECTED SERVICES FOR THE PERIOD OF THE FAILURE; (B) FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR BODILY INJURY OR DEATH TO ANY PERSON PROXIMATELY CAUSED BY THE PARTY'S NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES PROVEN; ICB Case No. 2013- 660610 - 2 of 11 - r VZ Generated By: TJA 4,125/14 VERIZON CONFIDENTIAL VZ Approved To Font: TJA 4/251-14 (C) FOR INDEMNITY, THE REMEDIES SET FORTH IN THE SECTION ABOVE TITLED INDEMNIFICATION; (D) FOR ANY DAMAGES ARISING OUT OF THE WILLFUL OR INTENTIONAL MISCONDUCT OF THE PARTY, THE AMOUNT OF DIRECT DAMAGES PROVEN; (E) FOR ALL OTHER DAMAGES NOT SET FORTH ABOVE AND NOT EXCLUDED UNDER THE AGREEMENT, INCLUDING THE ILEC PRODUCT GUIDE, EACH PARTY'S MAXIMUM LIABILITY DURING ANY TWELVE MONTH PERIOD SHALL BE LIMITED TO THE LESSER OF (i) DIRECT DAMAGES PROVEN, OR (ii) THE AMOUNT PAID BY CUSTOMER TO VERIZON UNDER THE AGREEMENT, INCLUDING THE ILEC PRODUCT GUIDE, FOR THE ONE MONTH PERIOD PRIOR TO ACCRUAL OF THE MOST RECENT CAUSE OF ACTION. NOTHING IN THIS SECTION SHALL LIMIT CUSTOMER'S LIABILITY TO VERIZON FOR ANY AND ALL CHARGES INCURRED FOR SERVICES. Termination of Services. Verizon may discontinue or limit use of the Services by Customer for non - payment, non - compliance with Verizon's rules of use, fraudulent use, and other conditions as provided in the Verizon California Inc. General Exchange Tariff, Schedule D &R, Rule No. 11, as incorporated herein. Termination of the Services, for any cause, shall not release Customer from any liability which at the time of termination had already accrued to Customer or which thereafter accrues for any act or omission occurring prior to the termination or from an obligation which, by its nature, survives termination. Performance Excused. No liability, including but not limited to refund of Service charges, shall result from Service failures caused by fires, floods, severe weather, acts of government or third parties, strikes, labor disputes, inability to obtain necessary equipment or services, or other causes beyond such party's reasonable control. Notices. Notices under this Agreement shall be sent by first -class U.S. mail, postage prepaid, to Customer at the address specified above, and to Verizon at Verizon Business, Attn: Customer Service, 6415 Business Center Drive, Highlands Ranch, CO 80130, Email: noticeQverizonbusiness.com with a copy to Verizon Business Services, 22001 Loudoun County Pkwy, Ashburn, VA 20147, Attn: Vice President Legal. Notices shall be deemed effective five business days after such mailing. Additional Provisions a. Conditions. The parties acknowledge that the rates and other terms of this Agreement are premised on Customer's commitments, unique network design requirements, and Customer's service mix, usage patterns and concentration, and other characteristics. b. Service Continuation. If, at the time of expiration of the Service Period, a new agreement with Verizon for the Services is not effective as defined above and Customer has not requested, in writing, disconnection of the Services, then the Services as installed and configured at the time of expiration of the Service Period will continue to be provided under the rates, terms and conditions of this Agreement on a month -to -month basis (the "Extended Service Period "). During the Extended Service Period, the Customer may add such Service components as are available solely on a month -to -month basis at the agreed -upon rates as set out in this Agreement, but no other Service additions, changes or moves may be made under this Agreement during the Extended Service Period. During the Extended Service Period, this Agreement shall be deemed terminated without the assessment of termination liability charges under either of the following circumstance: (i) upon the in- service date of a new agreement with Verizon for the Services, this Agreement shall be deemed superseded and terminated, or (ii) either party may terminate the Agreement by providing at least 30 days written notice. c. Facilities. Additional charges may be required if suitable facilities are not available to provide Services at any locations, or if any additional work, services, or quantities of Services are provided. In the event installation of additional network facilities is required to provide Services, Verizon will inform Customer of such applicable charges, and Verizon will install such facilities and provide such Services only upon mutual written agreement of the parties to such additional facility charges. If Customer does not agree to pay such additional charges, then Verizon will be excused from providing the affected Service. If no Service can be provided, then this Agreement will be subject to termination by Verizon without application of the termination charges described above. Miscellaneous (a) Neither party will disclose the terms of this Agreement to any other person without the prior written consent of the other party, except as may be necessary to comply with applicable law, regulation, or filing requirements. iCa Case No. 2013 - 660610 - 3 of 11 - ATA VZ Generated By: TJA 4 25. 14 VERIZON CONFIDENTIAL VZ Approved ToForntTJA42514 Either party may issue or permit issuance of a press release or other public statement concerning this Agreement provided its contents have been reviewed and agreed upon by the parties. (b) In the event of a claim or dispute, the law and regulations of the jurisdiction in which Verizon provides to Customer the particular Service that is the subject of such claim or dispute shall apply. This Agreement and its provisions shall not be construed or interpreted for or against any party hereto because that party drafted or caused that party's legal representative to draft any of its provisions. (c) Either party's failure to enforce any of the provisions of the ILEC Product Guide or the Agreement or to exercise any right or option is not a waiver of any such provision, right or option, and shall not affect the validity of the ILEC Product Guide or the Agreement. If any provision of the ILEC Product Guide or this Agreement or the provision of any Service under the terms hereof is illegal, invalid, or otherwise prohibited under applicable law or regulation in any State or jurisdiction, then the ILEC Product Guide and this Agreement shall be construed as if not containing such provision or requiring the provision of such invalid, illegal, prohibited, or unapproved Service in such State or jurisdiction, and the remaining terms and conditions of the ILEC Product Guide and the Agreement shall continue to apply as necessary to reflect the original intention of the parties. (d) Verizon may assign or transfer part or all of this Agreement to any affiliate or successor to substantially all of its assets in the locations where Service is provided hereunder. Upon reasonable prior written notice to Verizon, Customer may assign or transfer this Agreement to any company that is the successor to substantially all of its assets, provided all charges for Services provided prior to such transfer or assignment are paid in full when due. Except as otherwise required by applicable law or regulation, all other attempted assignments shall be void without the prior written consent of the other party. (e) Services are offered in locations where made available by Verizon in its sole discretion. (f) The terms and conditions contained on a Customer purchase order document (whether signed by one or both parties) shall not serve to modify the terms and conditions of this Agreement. The ILEC Product Guide, and this Agreement (including the Exhibits attached hereto and any Addenda made a part hereof) constitute the entire agreement between the parties with respect to the Services and shall supersede all prior oral or written quotations, communications, negotiations, representations, understandings or agreements made by or to any employee, officer, or agent of any party on the subject matter hereof. This Agreement may not be modified or rescinded except by a writing signed by authorized representatives of each party. Customer must sign and date this Agreement on or before June 30, 2014, or the proposed Service arrangement and pricing will no longer be available. AGREED AND ACCEPTED: CITY C;f� GILRC)Y (Customer) By I —y �� Name /title Date QJ1L% Approved as to Form: Gilroy City Attorney's Office Y: Citv Attomey 1CB Case No. 2013- 660610 VERIZON CONFIDENTIAL - 4of11- VERIZON BUSINESS NETWORK SERVICES INC ., o ehalf of KK ERI�ON #LIFORNIA I C. Marsha K Harrell Name /titl Senior Consultant Date {pT r i q � Contract or Management ` VZ Generated By: TJA 4 2514 VZ Approved To Fonn: TJA 4 25 14 Routing Code: 5V Exhibit A Verizon Company Name: Verizon California Inc. (referred to in this Exhibit as "Verizon") State:.California Customer name: City of Gilroy CSO Case No.: CM2013 1. Services and Quantity Commitments. Customer agrees to purchase the following Services from Verizon at the rates set forth below, which will be fixed during the Service Period and in quantities set forth below for the Service Period identified below. Any other work, services or facilities required will be provided subject to Verizon's standard rates and charges as set out in the applicable ILEC Product Guide, or under a separate contract arrangement or formal amendment to the Agreement. Customer shall provide to Verizon at each Customer location a-suitable and secure environmenf for placement of the facilities and equipment to be used by Verizon to provide such Service. Such environment shall include, but not be limited to, the requisite conduit and cabling, and, as required by Verizon for particular Services, an uninterruptible power supply. Verizon shall provide IntraLATA Toll Service to Customer pursuant to this Agreement at the following rates, terms and conditions: Location of IntraLATA Toll Service: IntraLATA Toll. Service shall be provided to Customer's Designated Locations in California set out in Attachment 1 to Exhibit A. Customer may add Customer Locations for IntraLATA Toll Service during the term of this Agreement, provided that such other Customer Locations are within Verizon's incumbent local exchange carrier franchise service territory. Description of IntraLATA Toll Service: This Agreement covers all calls originating on the lines at the locations and under the billing telephone numbers (BTNs) of the Customer included in. Attachment 1 to Exhibit A on either a(n) (a) direct dialed or (b) operator assisted basis. For purposes of this Agreement, direct dialed calls shall include those dialed on a 1 + or 0+ basis and operator - assisted calls shall 'include those dialed on a 0- basis. Wide Area Telephone Service (WATS), mobile service, Verizon pay station, residential, lines with Handicap discount, Zone Usage Measurement (ZUM) Zone 3, and Local Usage Zones 1 and 2 are not applicable under this Agreement. Credit or calling card calls (0 +) must be placed using a Verizon calling or credit card. Operator assisted calls (0 -, third number billed or collect) shall be only those call's billed to a line or BTN set forth in Attachment 1 to Exhibit A. Operator surcharges (0 +, 0 -, third number billed and collect calls) shall not be waived or discounted under this Agreement. For purposes of meeting the annual minimum set forth below, the minutes of use for Verizon Business Line 800 calls terminating to a line number or BTN set forth in Attachment 1 to Exhibit A (or such other locations added for IntraLATA Toll Service as allowed in this Exhibit A) shall be included. However, Verizon Business Line 800 minutes shall be charged for at the rates published in the ILEC Product Guide. ,All calls shall originate within one of the Local Access and Transport Areas ( "LATAs ") or Market Serving. Areas ( "MSAs ") within the State of California, and terminate within the same LATA or MSA. BTNs and Verizon usage covered by this Exhibit A are not eligible for other Verizon discount plans or promotional discounts. IntraLATA Toll Carrier Selection: ICB Case No. 2013- 660610 VERIZON CONFIDENTIAL - 5of11- VZ Generated By: TJA 4/25114 VZ Approved To Forni: VA 4x2514 Customer is responsible for taking any necessary action to select Verizon as its IntraLATA Toll carrier for all lines Customer wants covered under this Agreement. If Customer has not selected Verizon as its IntraLATA Toll carrier, all such calls will be handled by Customer's selected carrier at the carrier's prevailing rates and charges, the rates and benefits of this Agreement will not be available for such calls, and Verizon cannot apply the call usage toward the Customer's annual minimum minutes commitment set out in this Agreement. 2. Rates and Charges. The following rates apply to minutes of use covered under this Agreement, as set forth above: Initial 18 Seconds Each Additional Six Seconds Day /Evening /Night Rate: $0.0114 $ 0.0038 The above charges do not include Federally mandated end user common line charges, any applicable local, state, or federal governmental or regulatory charges, fees, taxes, surcharges, or other ILEC Product Guide charges. 3. Minimum Commitment. This Agreement shall be for a minimum amount of five thousand (5,000) minutes of use per Contract Year ( "Minimum Minutes "). All minutes of use associated with calls, as set forth above shall apply towards the Customer's total Minimum Minutes.: A Contract Year shall be the twelve (12) month period beginning with the in- service date, as set forth below, and ending the day prior to the anniversary of the in- service date. 4. Shortfall and Termination Liability. a. At the end of each Contract Year, Verizon shall determine the total number of minutes actually billed to the Customer for that year ( "Actual Minutes "). If the Actual Minutes are less than the Minimum Minutes, 'Verizon shall determine the difference by subtracting Actual Minutes from Minimum Minutes. This difference will then be multiplied by $0.038 and billed to the Customer in addition to charges billed to Customer based on Actual Minutes. b. If for any reason the Customer terminates or discontinues the Service prior to the expiration of the Term Period, at the time of discontinuance or termination of Service, Customer shall be charged the difference between the Actual Minutes billed and the Minimum Minutes commitment for the year of termination, plus forty percent (40 %) 'of the annual Minimum Minutes commitment for each additional year of the term remaining unfulfilled. If Customer terminates this Agreement subsequent to the execution of this Agreement by the Parties but prior to the in- service date, Customer shall pay to Verizon all costs 'incurred by Verizon for contract and service preparation. c. Contract year -end adjustments, charges or credits, shall be separately billed to Customer. !CB Case. No. 2013- 660610 - 6 of 11 - VZ Generated By: TJA 4..,25114 VERIZON CONFIDENTIAL VZ Approved To Fonn: TJA 4,25/14 Routing Code: 5V Verizon Company Name State: California Exhibit B Verizon California Inc. (referred to in this Exhibit as "Verizon ") Customer name: City of Gilroy CSO Case No.: CM2013 Verizon shall provide CentraNetO and CentraNet® Voicemail Box Service(s) to Customer pursuant to this Agreement at the following rates, terms and conditions: CentraNetO Service is an arrangement whereby certain basic and optional features are provided from central office switching equipment located on Verizon's property. A CentraNetO station line cannot be used in lieu of a DID -DOD trunk or PBX trunk. CentraNetO Voicemail Box Service is a, communication system located in a Verizon central office allowing users to have calls answered when their line is busy or not answered. Customer can then retrieve messages from anywhere and process by saving, forward to another Verizon voicemail user, or erasing. Description of Business Line — Measured Rate Service: Business. Line — Measured Rate Service is a telephone service providing a single analog communication circuit between the local end office (Class 5 switch) and the customer's telephone, key system, fax machine, or modem. Location of Business—Line!- Measured. Rate, CentraNetO and CentraNetO Voicemail Box Service(s): Business Line — Measured Rate, CentraNetO and CentraNetO Voicemail Box Services shall be provided at the Billing Telephone Numbers (BTNs) and locations identified in Attachment 1 to Exhibit B. Upon written request, Customer may subscribe to additional lines of Service or features at the Locations identified herein or at additional locations. Provided Verizon has suitable facilities available to provide such additional Service at costs substantially similar to the cost to provide the Service initially requested herein,. Verizon will provide such Service at the same Monthly Rate per Line or feature hereunder, plus applicable ILEC Product Guide installation charges, and no written amendment to the Agreement will be necessary. If a different Monthly Rate per Line or feature is required by Verizon, then Verizon will determine the applicable rate and present it to Customer for its consideration. Verizon shalli not be required to provide any such additional Services until and unless, both parties mutually agree to any such different Monthly Rate per Line or feature via an amendment to the Agreement. The Service Period for all such additional lines of Service, or additional services or features, shall be coterminous with the Service Period set forth herein unless otherwise agreed in writing. 1. Charges: A. Monthly Recurring Charges (IVIRC). For Customer Locations in the fGTE Local Exchange Service Areas (Company Code: GTCA) Initial Order Quanti Monthly Recurring_Charge Items Per Line Charge 0 CENTRANETO LINE $9.61 0 FEATURE PAK 1000 $2.00 0 FEATURE PAK 2000 $2.95 0 FEATURE PAK 3000 $3.75 0 CENTRANETO VOICEMAIL BOX $4.00 For Customer Locations in the fContel Local Exchange Service Areas (Company Code: CTCA) Initial Order Quantity Monthly Recurring Charge. Items Per Line Charge 145 CENTRANETO LINE $12.67 145 FEATURE PAK 1000 $2.00 0 FEATURE PAK 2000 $2.95 0 FEATURE PAK 3000 $3.75 0 CENTRANETO VOICEMAIL BOX $4.00 ICB Case No. 2013- 660610 - 7 of 11 - VZ Generated By: TJA 4'25.!14 VERIZON CONFIDENTIAL VZ Approved To Fonn: TJA 4�25!14 See Appendix 1 for a listing of the exchanges located in the fGTE and fContel Local Exchange Service Areas. The above charges do--not include Federally mandated end user common line charges (EUCL), any applicable local, state, or federal governmental or regulatory charges, fees, taxes, surcharges, or other ILEC Product Guide charges. For Service in the fGTE Local Exchange Service Areas, the EUCL in the Verizon Telephone Companies Tariff FCC No. 14, Section 13 will be applied. For Service in the fContel Local Exchange Service Areas, the EUCL in the Verizon Telephone Companies Tariff FCC No. 16, . Section 4 will be applied. Charges for any other additional CentraNet® and /or CentraNet® Voicemail features ordered by Customer are taken from Verizon's ILEC Product Guide, and are subject to change. B. Non - Recurring Charges (N_RC). NRC installation charges do not apply for existing installed service. NRCs for initial 'installation, moves, and changes, including additions will be assessed from the applicable ILEC Product Guide. 2. Minimum Commitment and Shortfall. Customer is required to subscribe to a monthly minimum of 116 CentraNet® Lines during the Service Period (the Minimum Line Commitment). Verizon will review Customer's account periodically; for each month in the ,preceding year that the actual number of Lines in service is less than the Minimum Line Commitment, a shortfall charge will apply (" Shortfall Charge "). The Shortfall Charge will be equal to the Line rate times the difference between the Minimum Line Commitment minus the number of Lines in service for the relevant month(s). Any such Shortfall Charge shall be due and payable in one lump sum as set out in the invoice issued to Customer. Lines may be canceled and disconnected during the Service Period without any Shortfall Charge provided in any given; month Customer does not fall below the Minimum Line Commitment. Shortfall Charges shall not be assessed during the Extended Service Period as defined above. 3. Termination Liability. Termination Liability applies to all Service installed under this contract. If for any reason Customer terminates or discontinues the Service prior to the expiration of the Term Period, at the time of discontinuance or termination, Customer shall pay a Termination Charge equal to twenty -five percent (25 %) of the monthly rates and charges set forth above, times the quantity of Services terminated, times the number of months remaining in the Term Period. If Customer terminates this Agreement subsequent to the execution of this Agreement by the Parties but prior to the in- service date, Customer shall pay to Verizon all costs incurred by Verizon for contract and service preparation. Customer shall not be assessed Termination Charges if an exception to Termination Liability in the ILEC Product Guide applies. Any Termination Liability is due and payable in one lump sum as set out in the invoice issued to Customer. /CB Case No. 2013- 660610 - 8 of 11 - VZ Generated By: TJA 42514 VERIZON CONFIDENTIAL VZ Approved To Fornr TJA 4,2514 Attachment 1 to Exhibits A and B BTN Service Address QTY (408) 842 -3554 7370 ROSANNA ST GILROY CA 95020 6142 1 (408) 842 -019.1 7301 HANNA ST GILROY CA 95020 6129 2- (408-) 846 -8842 1500 SOUTHSIDE DR GILROY CA 95020 7042. 2 _(408) 842,_1091 1500 SOUTH -SIDE DR GILROY CA 95020 1042 2 (408) 848 -0486 400M ANTELLI DR GILROY CA 95020 2 (408) 848 -3706 7371 HANNA ST GILROY CA 95020 6190 2 (408) 842 -0900 7370 ROSANNA ST GILROY CA 95020 6142 2 (408) 842 -2091 900 SOUTHSiDE DR OFC GILROY CA 95020 7010 1 (408)_846 -0350 7301 HANNA ST 2ND FLR GILROY CA 95020 6129 5 (408) 848 -0350 7370 ROSANNA ST GILROY CA 95020 6142 3 (408) 848 -0492 2695 HECKER PASS HWY GILROY CA 95020 1 (408)848.0247 202 W. 6TH ST GILROY CA 95020 2 (408) 848 -0230 7351 ROSANNA ST GILROY CA 95020 6141 1 (404848 -0836 7370 ROSANNA ST GILROY CA 95020 6142 1 (468) 94-8- 48 -8254 7351 ROSANNA ST GILROY CA 95020 6141 2 (408) 847 -0854 7370 ROSANNA ST GILROY CA 95020 6142 1 (408) 846 =7043 7070 CHESTNUT ST GILROY CA 95020 6610 1 (408) 846 -2719 7341 MONTEREY ST GILROY CA 95020 6923 1 (408) 848 -0587 613 OLD GILROY ST GILROY CA 950206233 4 (408) 846 -6182 7370 ROSANNA ST GILROY CA 950_20 6142 3 1408)_848 -0489 451 LEWIS ST GILROY CA 95020 5222 1 (408) 842 -8662 7301 HANNA ST GILROY CA 95020 6129 2 (408) 847 -1691 7370 ROSANNA ST GILROY CA 95020 6142 1 (408) 848 -0278 7371 HANNA ST GILROY CA 950206129 2 1 (408) 846 -6134 7370 ROSANNA ST GILROY CA 95020 6142 1 (408) 842 -0280_ _ 7370 ROSANNA ST GILROY CA 95020 6142 2 (40.8) 848 -1276 613 OLD GILROY ST GILROY CA 95020 6233 1 (408) 846 -9852 '7351 ROSANNA ST GILROY CA 95020 6141 5 (408) 846 -9588 .. _ 7351 HANNA ST GILROY CA 9-5-0-2-0 _ 5 (408) 848 -0255 7049 MILLER AV GILROY CA 95020 7101 1 (408) 846 -2901 7301 HANNA ST GILROY CA 950206129 9 (408) 848 -0493 1500 SOLITHSIDE DR GILROY CA 95020 7042 7 (408) 848 -1335 7370 ROSANNA ST GILROY CA 95020 6142 1 (408) 848 71675 7400 RAILROAD ST GILROY CA 95020 5819 2 (408) 848 -5089 613 OLD GILROY ST GILROY CA.95020 6233 1 (408) 548 -5941 7200 EAST ST GILROY CA 95020 6210 1 (408) 842 -5650 7370 ROSANNA ST GILROY CA 95020 6142 1 (408) 848 -0373 400 MANTELLI DR GILROY CA 95020 1 (408) 848 -0235 140 5TH ST GILROY CA 95020 5704 1 (408) 848 -0371 7070 CHESTNUT ST GILROY CA 95020 6610 4 (408) 846 -8539 7049 MILLER AV GILROY CA 95020 7101 1 (408) 846 -0860 613 OLD GILROY ST GILROY CA.95020 6233 2 (408) 846 -1514 7351 ROSANNA ST GILROY CA 95020 6.1.96 1 (408) 847 -5604 195 5TH ST GILROY CA 95020 5703 1 (408)_848 -0365 7370 ROSANNA ST GILROY CA 95020 6142 1 (408) 847 -4003 7370 ROSANNA ST GILROY CA 95020 6142 1 ICB Case No. 2013 - 660610 - 9 Of 11 - VZ Generated By: TJA 4i25/14 VERIZON CONFIDENTIAL VZ Approved ToFonn:TJA425i14 BTN Service Address QTY j (408) 847 -8895 7351 ROSANNA ST GILROY CA 95020 6196 4 (408)_842 -8213 _ - - 7070 CHESTNUT ST GILROY CA 95020 6610 2 (4691-94-8-0264 7301 HANNA ST GILROY CA 95020 6129 4 (408) 847 -5120 7370 ROSANNA _ST GILROY CA 95020 6194 6 (408) 846 =5689 613 OLD GILROY ST GILROY CA 95020 6233 1 (408) 848 -0330 613 OLD GILROY ST GILROY CA 95020 6233 12 (408) 842 -7090 7400 MONTEREY ST GILROY CA 95020 5824 1 (408) 848 -0298 7049 MILLER AV GILROY CA 95020 7101 1 (408) 847 -5709 7371 HANNA ST GILROY CA 95020 6190 1 (408) 848 -0485 7050 MILLER AV GLLROY CA 95020 2 (408) 842 -0379 270 MESA RD GILROY CA 95020 9506 1 (408) 848 -0272 7351 ROSANNA,ST GILROY CA 95020 6141 1 (408) 848 -8152 7370 ROSANNA ST GILROY CA 950206142 1 (408)_846 -9764 7301 HANNA ST GILROY CA 95020 6129 2 (408) 848 -0645 7371 HANNA ST GILROY CA. 95020 6190 2 (408) 842 -9523 7370 ROSANNA .ST_GILROY_CA 95020 6142 3 (408) 842 -1870 880 SUNRISE DR GILROY CA 95020 9601 3 (408) 848 -5174 7400 MONTEREY ST GILROY CA 95020 5824 2 (408) 848 -0455 7351 ROSANNA ST GILROY CA 95020 6196 - 1 ICB Case No. 2013 - 660610 - 10 Of 11 - Z, VZ Generated By: TJA 425114 VERIZON CONFIDENTIAL VZ Approved To Foni: TJA 4!25/14 Appendix 1 - fGTE and Montel Exchange List Exchanges within the fGTE Local Serving Areas Alamitos Grant Grove Anza D.A. Guadalupe Arrowhead Hemet - Azusa - Glendora Hemet D.A. Badger Hi Vista Banning-Beaumont Homeland D.A. Calimesa Homestead Valley Camarillo Huntington Beach Carpinteria Idyllwild Chino Indio Claremont -San. San Dimas Joshua Tree Conejo Kenwood Covina - Baldwin Baldwin Park La Habra Crestline La Puente Desert Center Laguna Beach Desert Hot Springs Lake Hughes Diamond Bar Lakeview - Nuevo Downey Lakewood Dunlap Lancaster Eagle Mountain Lindsay El Rio Lompoc Elsinore Long Beach Etiwanda Los Alamos Fowler Los Gatos Gaviota Malibu Granada Hills D.A. Mar Vista D.A. Exchanges within the Montel. Local Serving Areas Adelanto D.A. Crowley Lake Alpaugh Cuyama Apple Valley D.A. Dos Palos Barstow - El Mirage Barstow D.A. Exeter Benton Station Farmington Berrenda Mesa Fort Irwin Big Bear City Garbervill'e Big Bear Lake, Gilroy Big Pine Glennville Bishop . Hayfork Boron Hesperia D.A. Bridgeport Hoopa Buttonwillow Independence California City Inyokern California Hot Springs June Lake Cazadero Kerrville Clements Knights Landing Colfax - Lake Isabella Colfax D.A. Laytonville - Corcoran Lee Vining Covelo Leggett ICB Case No. 2013- 660610 VERIZON CONFIDENTIAL Marshall Mentone Miramonte - Pinehurst Monrovia Moreno Morgan Hill Morongo Valley Mumeta Newbury Park Norwalk Novato Ontario Oxnard Pacoima D.A. Palm Desert Palm Springs Perris Pico Rivera Pinyon Point Mugu Pomona Redlands Redondo Reedley Sage D.A. Salton City Lemon Cove Lenwood Linden Lone Pine Lost Hills Lucerne Valley Mad River Mammoth Lakes Manteca McFarland McKittrick Newberry Olancha Orleans Parkfield Phelan D.A. Piercy Pine Creek Randsburg Ridgecrest Ripon Robbins - 11 of 11 - San Bernardino San Fernando - San Fernando D.A. San Gabriel Canyon San Jacinto D.A. Santa Barbara Santa Maria Santa Monica - Santa Monica D.A. Santa Paula Santa Ynez Sepulveda D.A. Sierra Madre Somis Squaw Valley Sun City Sunland - Tujunga Temecula Thousand Oaks Twentynine Palms Upland West Los Angeles Westminster Whittier Yucca Valley Running Springs San Joaquin San Miguel Sanger Sea Ranch D.A. Sherwood Ranch D.A. Snelling Summit Valley Taft Timbercove - Tivy Valley Trona . Victorville - Victorville D.A. W eaverville Weimar D.A. Weldon W h itethorn Willow Creek Wrightwood - Yermo D.A. '► 19 VZ Generated By: TJA 4.25./14 VZ Approved To Fonn: TJA 4. %25'14