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<br /> l¡qf3 <br /> WIL'IEL <br /> 8) TERJ.'1S Al'\TD EXECUTION. <br /> a) THIS AGREEMENT INCLUDES THE ADDITIONAL PROVISIONS STATED IN At"N <br /> A TT ACHNIENT. <br /> b) This Agreement allocates the risks of the System's operation between WilTel and the <br /> Customer. This allocation is recognized by both parties and is reflected in the Cash Price of <br /> the System. The Customer acknowledges that it has read this Agreement,' understands it, and <br /> -- is bound by its terms. <br /> , INSTALLATION AND TRAINING. <br /> a) Customer 'will provide: (i) access, easements, consents, and microwave licenses necessary to <br /> install or service the System; (ii) necessary floor plans, space for the System and accessible <br /> wiring locations free of asbestos and other environmental hazards per government regulations; <br /> (m) dedicated electric source, circuits, power and isolated ground; (iv) suitable operating <br /> environment (including isolated ground, air conditioning, humidity, heat and security) per <br /> manufacturer's specifications; (v) copies of database feature forms approved by Customer and <br /> "VilTel; (vi) raceway, conduit, holes and wireways; and (vii) a secure room with locks for <br /> temporary System storage. "VilTel is not responsible for restoring the PreßÚses to their <br /> original condition upon Customer's removal of its old phone system or for removing old <br /> phones or cabling but will remove all litter generated during thè work and will comply with <br /> Section urn of the Customer's RFP regarding installation of the System. <br /> b) If Customer terminates this Agreement without cause before installation of the System, <br /> "VilTel, in addition to the remedies provided below, shall be entitled to retain all monies paid <br /> by Customer and recover additional monies, if necessary, to cover (i) costs including overhead <br /> incurred by WilTel in preparation for and any actual performance under this Agreement; and <br /> (ii) other damages, including restocking and storage fees, sustained by WilTel, and costs for <br /> storage of the System. <br /> c) Customer represents and warrants that Customer's Premises and conditions to be encountered <br /> by "WilTel at Customer's Premises and in areas where work is to be performed shall (i) be in <br /> compliance ,vith all applicable federal, state and local laws, rules and regulations, (ii) be safe <br /> and non-hazardous, and (iii) not contain, present, or expose WilTel representatives to <br /> hazardous materials or hazardous substances. In the event of breach of the foregoing, WilTel <br /> may immediately suspend work until Customer has promptly corrected such condition(s) at <br /> Customer's expense. Customer shall indenmify WilTel for any breach of the representations, <br /> warranties or covenants contained in this subsection. WilTel makes no representations as to <br /> the presence or absence of hazardous materials and assumes no liability for environmental <br /> claims arising out of or incidental to the performance of any work or services performed <br /> pursuant to this Agreement. <br /> - 3 - <br />