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/)fl ff WiL1EL WILTEL Service Addendum (This Addendum is part of a WilTel Purchase Agreement) Name of Customer: City of San Marcos ,-- I ! Lte of Purchase Agreement: April 25, 1995 Premises: 1040 Sequin Highway, San Marcos, Texas Corresponding Customer and System Information Attachment: San Marcos Electric Utility (S.M.E.U.) 1. Service Plan. Customer acknowledges that WilTel will maintain the System for a period of one year from the Cutover Date pursuant to the warranty set forth in the Purchase Agreement. Customer desires to have the System serviced following the expiration of the Warranty Period. Consequently, Customer orders from WilTel the services described in this Service Addendum and WilTel agrees to furnish such requested service for the System. 2. DayServ Service Plan. Unless a different service plan is attached to this~ Agreement and referenced in the applicable Customer and System Infonnation Attachment, the service provided by WilTel will be in accordance with Section 10(d) and 10(e) of the Purchase Agreement. As set forth therein, all service parts and labor are included in the Service Fee except service outside of WilTel's normal business hours and parts replacement occasioned by excluded events. 3. Term. The term of this Service Addendum shall commence upon the expiration of the warranty in , the Purchase Agreement between Customer and WilTel for each site and shall continue for a period ! of 3 years. WilTel acknowledges that funds for payment of this contract are subject to annual I appropriation by the City Council. In the event suèh funds are not appropriated or in the event of WilTel's material default under this Agreement, Customer may terminate this Agreement with thirty (30) days written notice. Upon termination of this contract by Customer, WilTel shall promptly refund the unused portion of the Service Fee, if any. 4. Service Fee. Customer agrees to pays the plan service fee indicated on the applicàble Customer and System Infonnation Attachment, to be paid in advance on an annual basis ("Serv:ice Feel'), plus all applicable taxes when due. Customer will provide evidence of its tax exempt status if it claims such status. Service Fees received more than thirty (30) days after billing are subject to a late payment charge of one and one-half percent (11/2%) for each thirty day period that they remain unpaid. 5. Service Fee Adjustments. Adds, moves or changes that adjust the station or port count, as well as upgrades and new peripheral devices ("Modifications") will modify the Service Fee. Following any Modifications, WilTel will invoice Customer indicating the new Service Fee.