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<br /> /1911 <br /> WILT£L <br /> payments), Delivery Date and Cutover Date shall be subject to adjustment in the event of any <br /> mutually agreeable addition or deletion. <br /> 4) CONTRACT DOCUlVIENTS The following individual documents, in order of precedence, comprise <br /> this Contract: <br /> (1) This Agreement and its form attachments referenced in Section 5 below <br /> (2) Customer's PBX Request for Proposal dated November 28, 1994 (the "RFP") <br /> (3) Wir~el's Response to Request for Proposal dated January 3, 1995 (the "Response") <br /> .- <br /> ATTACHlVIENTS. The following documents are attached to and made a part of this Agreement: <br /> ..-X- Customer and System Information for each site --X- Service Addendum <br /> ..-X- Certificate of Delivery and Acceptance ~ Toll Fraud Alert <br /> -X- Software License <br /> -X- Environmentals <br /> -X- Additional Services Attachment and Agreement Addendum <br /> 6) LIl\tHT A TION OF LIABILITY. 'VIL TEL WILL BE LIABLE FOR PHYSICAL INJURIES TO <br /> INDIVIDUALS AND DAl'\1AGE TO TÁ.l~GIBLE, PHYSICAL PROPERTY (OTHER THÁ.l~ THE <br /> SYSTEM WHICH IS COVERED BY \VILTEL'S LIl\tIITED WARRANTY) TO THE EXTENT <br /> SUCH DAJ.\1AGE OR INJURY IS PROXIlY1ATELY CAUSED BY \VILTEL'S NEGLIGENCE. IN <br /> NO EVENT, HOWEVER, SHALL WlLTEL AND ITS SUPPLIERS OR'SUBCONTRACTORS, BE <br /> LIABLE FOR (i) ANY SPECIAL, INCIDENT AL, EXEMPLARY, OR CONSEQUENTIAL <br /> DAl\1AGES, (ii) COMMERCIAL LOSS OF ANY KIND (INCLUDING LOSS OF BUSll~ESS OR <br /> PROFITS), OR (iii) ANY DA.L\1AGES OF ANY KJND RESULTING FROl\l1 UNAUTHORIZED USE <br /> OF THE SYSTEM, INCLUDING TOLL FRAUD, \VHETHER BASED UPON BREACH OF <br /> WARRAJ.'fTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR <br /> ANY OTHER LEGAL THEORY, A1'ID WHETHER WILTEL OR ITS SUPPLIERS OR ITS <br /> SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAlVIAGE OR <br /> LOSS. <br /> 'I) RISK OF LOSS, TITLE A.L~D SECURITY INTEREST. Customer assumes the risk of loss to the <br /> System from the Cutover Date, provided Customer provides a secure storage space for Equipment <br /> after Delivery. Until the Cash Price is paid in full, Customer will maintain adequate insurance <br /> against fIre, theft or other loss for the System's full insurable value with \VilTel named as loss payee. <br /> Title in the equipment will pass on full payment of the Cash Price plus all taxes. The Customer will <br /> be responsible for any personal property taxes assessed on any portion of the System. \VilTel <br /> reserves and Customer grants WilTel a security interest in the System in the amount of the Cash <br /> Price. A copy of this Agreement may be filed on WilTel's behalf at any time after signature by <br /> Customer as a financing statement to perfect \VilTel's security interest. If requested by \VilTel, <br /> Customer ,vill execute a standard form financing statement (UeC-l). <br /> - 2 - <br />