HomeMy WebLinkAboutResolution - 2013-R0229 - Contract - AT&T - Non Wireless Internet Connection - 07/23/2013Resolution No. 2013—RO229
July 23, 2013
Item No. 5.4
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock. Contract No. 11411 for internet access
via non -wireless connection, by and between the City of Lubbock and AT&T, and related
documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on July 23, 2013
GLEN .r OB ` TSON, MAYOR
ATTEST:
;Re-beca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark Y rwoo Assistant ity Manager
Chief Information Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs RES.Contract-AT&T
July 9, 2013
Resolution No. 2013-RO229
MASTER AGREEMENT
�
0/3n7ffl' 70 3
AT&T MA Reference No.
(013 71 V6o3I/A
Customer
AT&T
City of Lubbock
AT&T Corp.
Street Address: 162513th
jn�:4
City: Lubbock State/Province: TX
Name:
Zip Code: 79401 Country: USA
Title: Mayor
Customer Contact for notices
AT&T Contact for notices
Name: D'Ana Torres
Street Address: 2010 Ave R
Title: Senior Buyer
City: Lubbock State/Province: TX
Street Address: 162513th
Zip Code: 79411 Country: USA
City: Lubbock State/Province: TX
Zip Code: 79401 Country: USA
With a copy to:
Telephone: 806-775-2167
AT&T Corp.
Fax: 806-775-2164
One AT&T Way
Email: dtorres@mail.ci.lubbock.tx.us
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast att.com
This Master Agreement ("Master Agreement"), between the customer named above ("Customer") and the AT&T entity named above
("AT&T'), is effective when signed by both Customer and AT&T.
Customer
(by its authorized representative)
AT&T
b its authorizedrepresentative)_
B
By.
jn�:4
r
Name: Glen C. Robertson
Name:
` -e,
Title: Mayor
Title:QaCAMC,-+
L
Date: July 23 2013
Date: -111310-013
T:
MK
Rebe Garza, City Secretary
APPROVED AS TO CN ENT:
Mark Yearwood, Assistant Citytwager/Chief Information cer
APPRO TO FOR .
Chad Weaver, Assistant City Attorney
KH1932 7/16/13 SR: 1-1G2SPF1 UA VER 11111/16/2012
AT&T and Customer Confidential Information
Page 1 of 10
MASTER AGREEMENT
1. INTRODUCTION
1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement") shall
apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services") and shall continue in effect so long as
Services are provided under this Agreement:
(a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is
attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services,
the pricing (including discounts and commitments, if applicable) and the pricing schedule term ("Pricing Schedule Term").
(b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a
Service that AT&T or its Affiliates file with regulatory authorities. "Guidebooks" are documents (designated as Guidebooks or
Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with
regulatory authorities. Tariffs and Guidebooks can be found at att.com/servicepublications or other locations AT&T may
designate.
(c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to (i) Services provided over or accessing the Internet
and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.com/aup or other locations AT&T may
designate.
(d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook
may be contained in a Service Guide, which can be found at att.com/servicepublications or other locations AT&T may designate.
1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or
Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any
jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms.
1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any
time.
1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate
contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their
respective Affiliates to comply with any such separate and associated contract.
2. AT&T DELIVERABLES
2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to
the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the
appropriate regulatory authority will be the service provider. If an applicable Service Publication expressly permits placement of an order
for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&T's
standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under
this Master Agreement for the Service ordered.
2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"),
but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T
Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or
damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents.
2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass
to Customer on delivery to the transport carrier for shipment to Customer's designated location.
2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a
separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer.
Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is
Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T's sole
responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice
and collect payment from Customer for the Third -Party Services.
3. CUSTOMER'S COOPERATION
3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and
equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services
to property controlled by third parties such as Customer's landlord. AT&T will coordinate with and, except in an emergency, obtain
Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights
mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary
equipment space within a building for Customer's connection to AT&T's network. Customer must provide AT&T timely information and
access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security
policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as AT&T
reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights-of-
way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule.
KH1932 7/16/13 SR: 1-1G2SPF1 UA VER 111 11/16/2012
AT&T and Customer Confidential Information
MASTER AGREEMENT
3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a
safe working environment, free of Hazardous Materials and reasonably suitable for the Services. "Hazardous Materials" mean any
substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling,
disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have no
obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous
Materials.
3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply
with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service
Publication.
3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's
prior written consent.
4. PRICING AND BILLING
4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing
Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the
applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing
Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or
other requirements in a Service Publication for Customer to terminate a Service Component) under a month-to-month service arrangement
at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or
conditions on 30 days' prior notice to Customer.
4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes
(excluding those on AT&T's net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar
charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to
the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid
exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes
from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent
allowed by law or treaty and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such
tax has been paid so that AT&T may claim any applicable credit.
4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon
availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for
withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At
Customer's request, but subject to AT&T's consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be
invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates
do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T
determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any
charges owed.
4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or
Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements
or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored
payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per
annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for
overdue payments.
4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6
months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If
Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6
months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The
portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but
Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&Ts notice of the results of its
investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10)
business days. AT&T will reverse any late payment fees that were invoiced in error.
4.6 Credit Terms. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor
Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest.
4.7 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment set forth in a Pricing Schedule
that Customer agrees to satisfy during each 12 -consecutive -month period of the Pricing Schedule Term. If Customer fails to satisfy the
MARC for any such 12 -month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the
total of the applicable MARC -Eligible Charges incurred during such 12 -month period, and AT&T may withhold contractual credits until
Customer pays the shortfall charge.
KH1932 7/16/13 SR: 1-1G2SPF1 UA VER III 11/16/2012
AT&T and Customer Confidential Information
D.—Zof 4A
MASTER AGREEMENT
4.8 Adjustments to MARC.
(a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant
restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's
prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T will offer to adjust
the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or
discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will
amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's
decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will
require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring
charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule.
(b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T
may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if
any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof.
5. CONFIDENTIAL INFORMATION
5.1 Confidential Information. Confidential Information means: (a) information the parties or their Affiliates share with each other in
connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only
to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms
of this Agreement as allowed by the Texas Public Information Act.
5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party
(except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving party's employees, agents
and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in
writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental
authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing
party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be
used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of
AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services).
5.3 City Right to Audit. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative
of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books
relevant to all charges for services provided to the City under this Contract. In the event such an audit by the City reveals any billing errors
or overpayments by the City, and Contractor confirms such billing errors or overpayments, then Contractor shall refund the City the full
amount of such overpayments within thirty (30) days of confirming such audit findings.
5.4 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the
receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any
obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement.
5.5 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its
personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in
accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend
Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible.
Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and
AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or
provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, if
AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative
to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for
further authentication or authorization.
6. LIMITATIONS OF LIABILITY AND DISCLAIMERS
6.1 Limitation of Liability.
(a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF
ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE:
(i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY
PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES;
(ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks),
PROVEN DIRECT DAMAGES;
(iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims);
(iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
PROVEN DAMAGES; OR
KH1932 7/16/13 SR: 1-1G2SPF1 UA VER III 11/16/2012
AT&T and Customer Confidential Information
P.— d of in
MASTER AGREEMENT
(v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO
EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT
EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE
RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM
AROSE.
(b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS.
(c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL
PROPERLY DUE CHARGES UNDER THIS AGREEMENT.
6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO:
INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES,
CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR
ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911
OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY
SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR
THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFFILIATES', USERS' OR THIRD PARTIES')
APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS.
6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased
Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible
for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO
CUSTOMER ON AN "AS IS" BASIS.
6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR
BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR
OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911
OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE
ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT
TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR
IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION.
6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless
of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a
party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their
respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will
survive failure of any exclusive remedies provided in this Agreement.
7. THIRD PARTY CLAIMS
7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its
Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a
claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not
where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the
Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or
others; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement.
7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its
Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards
against such parties for a claim that: (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is
not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and
falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement.
7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to
continue using, or may replace or modify, the Service so that it is non -infringing.
7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice
to the other party promptly upon leaming of any claim for which defense or settlement may be sought, but failure to do so will have no
effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to
control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel
reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended,
KH1932 7/16/13 SR: 1-1G2SPF1 UA VER III 11/16/2012
AT&T and Customer Confidential Information
MASTER AGREEMENT
which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against
the party being defended is limited to monetary damages that are paid by the defending party under this Section 7.
7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged infringement or misappropriation of intellectual
property based on Purchased Equipment, Software, or Third -Party Services.
8. SUSPENSION AND TERMINATION
8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party
becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or
makes an assignment for the benefit of its creditors.
8.2 Termination or Suspension. The following additional termination provisions apply:
(a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this
Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the
aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach
materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire
Agreement.
(b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer
and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from
Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days'
notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. "Materially
adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority, or assessment
of or changes to additional charges such as surcharges or taxes.
(c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may
suspend the affected Service Components. AT&T reserves the right, however, to suspend or terminate immediately when:
(i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in
response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that
(a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to
allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T's
network or networks with which AT&T is interconnected or may interfere with another customer's use of AT&T services or the
Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&T's customers or its or their respective
employees.
(d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and
adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately by providing Customer with as
much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the
Agreement: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the
Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or
services.
(e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its
option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&T's
Obligations).
(f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminate the affected Services or
Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at
Customer's expense in accordance with applicable law.
8.3 Effect of Termination.
(a) Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a
party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or
Service Component.
(b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination.
8.4 Termination Charges.
(a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the
Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the
termination charges set forth in this Section 8.4.
(b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a),
Customer (i) will pay any pre -Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or
(ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of
termination, plus any third party charges resulting from the termination.
KH1932 7/16/13 SR: 1-1G2SPF1 UA VER III 11/16/2012
AT&T and Customer Confidential Information
MASTER AGREEMENT
(c) If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a),
Customer will pay applicable termination charges as follows: (i) 50% (unless a different amount is specified in the Pricing
Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion
of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period,
any associated credits or waived or unpaid non-recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e.,
not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) will not apply if a terminated
Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period
or Minimum Retention Period, as applicable, (the "Minimum Period") and associated charge for the replacement Service
Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service
Component, respectively, and if the upgrade is not restricted in the applicable Service Publication.
(d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the
unsatisfied MARC for the balance of the Pricing Schedule Term.
9. IMPORTIEXPORT CONTROL
Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this
Agreement (even if incorporated into other products) except in compliance with all applicable import and export laws, conventions and
regulations.
10. MISCELLANEOUS PROVISIONS
10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the
provision of Services without the prior written consent of the other party.
10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos,
trademarks, service marks or other indicia of origin without the other party's prior written consent, which consent may be revoked at any
time by notice.
10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its
Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party.
10.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or
damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military
authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental
agencies or other causes beyond such party's reasonable control.
10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing
and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a
waiver of any other breach of this Agreement.
10.6 Assignment and Subcontracting.
(a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under
this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and
obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without
the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any
assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations.
(b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially
responsible for the performance of such obligations.
(c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to
such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries,
Customer may be required to contract directly with the local service provider.
10.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.11
(Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties
will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with
the original intention of the parties.
10.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or
permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction.
10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of
action accrues, or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary.
10.10 Non -Arbitration. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be
subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
KH1932 7/16/13 SR: 1-1G2SPF1 UA VER 111 11/16/2012
AT&T and Customer Confidential Information
MASTER AGREEMENT
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
10.11 Dispute Resolution.
(a) General agreement of the Parties.
The Parties mutually agree that the interests of fairness, efficiency, and good business practices are best served when the Parties
employ all reasonable and informal means to resolve any Dispute under this Agreement. The Parties express their mutual commitment to
using all reasonable and informal means of resolving Disputes prior to invoking any other remedy.
(b) Duty to negotiate in good faith.
Any Dispute that in the judgment of any Party to this Agreement may materially or substantially affect the performance of any Party
will be reduced to writing and delivered to the other Party. The Parties must then negotiate in good faith and use reasonable efforts to
resolve such dispute and the Parties will not resort to pursuing further remedies unless they have reasonably determined that a negotiated
resolution is not possible. The resolution of any dispute disposed of by agreement between the Parties will be reduced to writing and
delivered to all Parties within ten Business Days.
10.12 Insurance.
a. With respect to AT&T's performance under this Agreement, and separate from AT&T's obligation to Indemnify, AT&T shall at its
sole cost and expense:
I. maintain the insurance coverage and limits required by this Section and any additional insurance and/or bonds required by
law:
1. at all times during the term of this Agreement and until completion of all work associated with this Agreement, whichever
is later; and
2. with respect to any coverage maintained in a "claims -made" policy, for two (2) years following the term of this Agreement
or completion of all work associated with this Agreement, whichever is later. If a "claims -made" policy is maintained, the
retroactive date must precede the commencement of work under this Agreement;
ii. require each subcontractor that may perform work under this Agreement or enter upon the work site to maintain coverage,
requirements, and limits at least as broad as those listed in this Section from the time when the subcontractor begins work,
throughout the term of the subcontractor's work and, with respect to any coverage maintained on a "claims -made" policy, for
two (2) years thereafter;
iii. except where AT&T chooses to self -insure, procure the required insurance from an insurance company eligible to do business
in the state or states where work will be performed and having and maintaining a Financial Strength Rating of "A-" or better, as
rated in the A.M. Best Key Rating Guide for Property and Casualty Insurance Companies;
iv. deliver to Customer certificates of insurance stating the types of insurance and policy limits. AT&T or the issuing insurance
company will endeavor to provide at least 30 days advance written notice of cancellation or non -renewal to Customer of any
insurance that is not replaced. AT&T shall deliver such certificates:
1. prior to commencement of any work;
2. prior to expiration of any insurance policy required in this Section; and
3. if coverage is "claims -made,", such coverage shall remain in place until two years following the expiration or termination
of this Agreement; and
v. be responsible for any deductible or self-insured retention for any coverage required by this Section.
b. The insurance coverage required by this Section includes:
i. Workers' Compensation insurance written on National Council on Compensation Insurance ("NCCI") Form WC 00 00 01 or
its substantial equivalent with benefits afforded under the laws of any state in which the work is to be performed and
Employers Liability insurance with limits of:
1. $500,000 for Bodily Injury — each accident
2. $500,000 for Bodily Injury by disease — policy limits
3. $500,000 for Bodily Injury by disease — each employee
To the fullest extent allowable by law, the policy must include a waiver of subrogation in favor of Customer, its Affiliates, and
their directors, officers and employees.
ii. Commercial General Liability insurance written on Insurance Services Office (ISO) Form CG 00 01 or its substantial
equivalent, covering liability arising from premises, operations, independent contractors, personal injury, products, completed
operations, and liability assumed under an insured contract (including the tort liability of another assumed in a business
contract) with limits of -
1 .
f:1. $2,000,000 General Aggregate limit;
2. $1,000,000 each occurrence limit for all bodily injury or property damage;
3. $1,000,000 each occurrence limit for Personal Injury and Advertising Injury;
4. $2,000,000 Products/Completed Operations Aggregate limit;
5. include Customer, its Affiliates, and their directors, officers, and employees as Additional Insureds;
6. include a waiver of subrogation in favor of Customer, its Affiliates, and their directors, officers and employees; and
7. be primary and non-contributory with respect to any insurance or self-insurance that is maintained by Customer.
KH1932 7/16/13 SR: `IAWSPH UA VER III 11/16/2012
AT&T and Customer Confidential Information
MASTER AGREEMENT
iii. Business Automobile Liability insurance written on ISO Form CA 00 01 or its substantial equivalent with limits of $1,000,000
each accident limit for bodily injury and property damage, extending to all owned, hired, and non -owned vehicles
iv. Professional Liability (Errors & Omissions) insurance written on AT&Ts current E&O carrier's standard form with limits of
$1,000,000 each claim or wrongful act and in the aggregate.
c. Coverage under this Section is limited solely to the extent to which the occurrence or incident (i) arises directly from AT&T's
operations and (ii) is caused by the negligence, error or omission of AT&T. Coverage under this section shall not be available to
the extent to which the occurrence or incident is caused by the negligence, error or omission of Customer or any Additional Insured.
Any such coverage shall be no broader than the applicable insurance policy terms and conditions, and the insurance limits
available to Customer pursuant to this Section shall be no greater than the limits stated in this Section.
d. No coverage under this Section shall apply to the extent of Customer's or its agents' own breach, fault, negligence, error or
omission.
e. AT&T may in its sole discretion self insure any of the coverage required by this Section under the same terms as required by this
Section.
10.13 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered if made by hand (in
which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to
have been effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to
have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed
to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the
cover page of this Agreement or to such other office or recipient as designated in writing from time to time.
10.14 Governing Law. This Agreement will be governed by the law of the State of Texas, without regard to its conflict of law principles,
unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on
Contracts for International Sale of Goods will not apply.
10.15 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by
courts or other governmental bodies of competent jurisdiction.
10.16 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party
(including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other
right or privilege.
10.17 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or
expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and
Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration.
10.18 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any
translation, the English version will take precedence.
10.19 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter.
Except as provided in Section 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals,
representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to
the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral
statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this
Agreement.
11. DEFINITIONS
"Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party.
"API" means an application program interface used to make a resources request from a remote implementer program. An API may include
coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs.
"AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and
licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer.
"Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T
and that AT&T collects, holds or uses in the course of providing the Services.
"Cutover" means the date Customer's obligation to pay for Services begins.
"Effective Date" of a Pricing Schedule means the date on which the last party signs the Pricing Schedule unless a later date is required by
regulation or law.
"MARC -Eligible Charges" means the recurring and usage charges (including amounts calculated from unpaid charges that are owed
under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer
for the Services identified in the applicable Pricing Schedule as MARC -contributing. The following are not MARC -Eligible Charges: (a)
charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in connection with
governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges).
KH1932 7/16/13 SR: 1-1WSPH UA VER III 11/16/2012
AT&T and Customer Confidential Information
n...-., n ..i 4 n
MASTER AGREEMENT
"Minimum Payment Period" means the Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required to pay recurring charges for the Service Component.
"Minimum Retention Period" means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges
or amortized charges.
"Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any
replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any internal code required to operate
such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which
Software is stored.
"Service Component" means an individual component of a Service provided under this Agreement.
"Service Publications" means Tariffs, Guidebooks, Service Guides and the AUP.
"Site" means a physical location, including Customer's collocation space on AT&T's or its Affiliate's or subcontractor's property, where
AT&T installs or provides a Service.
"Software" means AT&T Software and Vendor Software.
"Third -Party Service" means a service provided directly to Customer by a third party under a separate agreement between Customer and
the third party.
"Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to
Customer, other than AT&T Software.
KH1932 7/16/13 SR: 1-1G2SPF1 UA VER III 11/16/2012
AT&T and Customer Confidential Information
Dann 4n of 4n
Resolution No. 2013—RO229
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
,2 0130 7� g- 7�D7
AT&T MA Reference No. 0/ 3c,7/ V o3UII
CSM 130624165151
Customer
AT&T
City of Lubbock
AT&T Corp. or enter the Intemational Affiliate Name
Street Address: 1625 13th Street
Name:
City: Lubbock State/Province: TX
Title:Qjen er n
Zip Code: 79401 Coun : USA
Date:
Customer Contact (for notices)
AT&T Sales Contact Information and for Contract Notices
❑ Prim AT&T Contact
Name: David McGaughey
Name: MANJUEL ROBINSON
Title:
Street Address: 208 S AKARD ST
Street Address: 1625 13th Street
City: DALLAS State/Province: TX
City: Lubbock
Zip Code: 75202 Country: USA
State/Province: TX
Telephone: 2145717955 Fax:
Zip Code: 79401
Email: mr5263@us.att.com
Country: United States
Sales/Branch Manager:
Telephone: 8067752372
SCVP Name:
Fax:
Sales Strata:
Email: dmcgaughey@mail.ci.lubbock.tx.us
Sales Region:
Customer Account Number or Master Account Number:
With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast@att.com
AT&T Solution Provider or Representative Information (if applicable) ❑
Name: Company Name:
Agent Street Address:
City: State: Zip Code: Country:
Telephone: Fax: Email: Agent Code
This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above.
Customer
(by its authorized r r s nt e)/
AT&T
(by its authorized representative)
B:
B:
Name:
Name:
Title:Qjen er n
Title: C
Date:
Date:
ATTEST:
e 14
.kebetca Garza, Cit ecretary
7ED AS
A/ �+ \C' CONT T•\
Mark Yearwood, Assistan(yity Manager
APS FORM:
Chad Weaver, Assistant City Attorney
uVoc
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 1 of 14
ps_mis_all_no security svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
1. SERVICES
CSM 130624165151
Service
AT&T Managed Internet Service (MIS) http://new.serviceguide.att.com/r)ortals/saportal.portal? nfpb=true& paoel-abel=mis pane
AT&T Bandwidth Services hftp://new.serviceguide.att.com/indg&.Lsp?sq--bws
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Pricing Schedule Term 1 60 Months
Pricing Schedule Term Start Date I Effective Date of this Pricing Schedule
Effective Date of Rates and Discounts I Effective Date of this Pricing Schedule
3. MINIMUM PAYMENT PERIOD
Service Components
Percent of Monthly Service Fees Due Upon Termination
Minimum Payment Period
MIS w/ Managed Router Monthly Service
Fee List Price
Prior to Com letion of Minimum Payment Period
per Service Component
All Service
50%
Longer of 12 months or until the
Components
T-1
end of the Pricing Schedule Term
4. GRANDFATHERING AND WITHDRAWAL
Availability of Service Components is subject to grandfathering and withdrawal per the Service Guide.
S. RATES (US Mainland, and HI only)
Section 1: AT&T Managed Internet Service Access Bandwidth -
Table 1: Tiered T-1. NxT-1. E-1 And Frame - Flat Rate Billina Option
Access
Method
Speed
MIS Monthly Service Fee
List Price
MIS w/ Managed Router Monthly Service
Fee List Price
Discount
N/A
56/64 Kb s
$190
$260
N/A
T-1
128 Kb s
$225
$295
N/A
T-1
256 Kbps
$280
$350
N/A
T-1
384 Kbps'
$335
$405
N/A
T-1
512 Kb s
$390
$460
N/A
T-1
768 Kbps'
$410
$480
N/A
T-1 — Frame*
1024 Kbps*
$425
$495
N/A
T-1
T-1
$470
$540
N/A
E-1*
E-1
$470
$540
N/A
2xT-1
3 Mb s
$850
$1,145
N/A
3xT-1
4.5 Mb s
$1,100
$1,395
N/A
4xT-1
6 Mb s
$1,250
$1,545
N/A
5xT-1
7.5 Mb s
$1,480
$2,360
N/A
6xT-1
9 Mb s
$1,715
$2,595
N/A
7xT-1
10.5 Mb s
$1,915
$2,795
N/A
8xT-1
12 Mb s
$2,190
$3,070
N/A
- Not available with MF'LS PN 1
tAvailable only with MPLS PNT Feature
v.2.3.06
Table 2: — MIS N x 10 Gia Ethernet* - Flat Rate Billina Obtlon
Speed
MIS Monthly Service Fee List Price
Discount
2x -10.0 Gb s
$1,500,000
N/A
3x -10.0 Gb s
$2,220,000
N/A
4x -10.0 Gb s
$2,920,000
N/A
" Not available With MPLS PNl
v.6.1.09
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 2 of 14
ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
Table 3: Burstable T-1
Discount:: N/A
CSM 130624165151
Sustained Usage
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
up to 128kb s
$270
$340
128.01 - 256 Kbps
$340
$410
256.01 - 384 Kbps
$405
$475
384.01 - 512 Kbps
$470
$540
512.01 Kbps - 1.544 Mbps
$565
$635
v.2.3.06
Table 4: DNS Services
Option
Monthly Service Fee
Additional Primary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone
$100 per DNS
file data)
increment
Additional Secondary DNS (available in increments of up to 15 zones with a maximum of 150 IGlobytes of
$100 per DNS
zone file data)
increment
v.07.01.04
Table 5: ATM And Tiered T-3
Discount: N/A
Access Method
Speed
MIS Monthly Service Fee List Price
MIS w/Managed Router Monthly Service Fee List Price
ATM*
2 Mbps
$590
$885
ATM*
3 Mbps
$850
$1,145
ATM*
4 Mbps
$1,075
$1,370
ATM*
5 Mbps
$1,125
$1,420
ATM*
6 Mbps
$1,250
$1,545
ATM*
7 Mbps
$1,415
$2,295
ATM*
8 Mbps
$1,565
$2,445
ATM*
9 Mbps
$1,715
$2,595
ATM*/T-3
10 Mbps
$1,840
$2,720
ATM*/T-3
15 Mbps
$2,465
$3,345
ATM*/T-3
20 Mbps
$3,090
$3,970
ATM*/T-3
25 Mbps
$3,725
$4,605
ATM*/T-3
30 Mbps
$4,350
$5,230
ATM*/T-3
35 Mbps
$4,990
$5,870
ATM*/T-3
40 Mbps
$5,615
$6,495
T-3
45 Mbps
$6,250
$7,130
* Not available with MPLS PNT
v.2.3.06
Table 6: Burstable T-3
Discount: NIA
Sustained Usage
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
up to 6.0 Mbps
$1,515
$1,810
6.01 - 7.5 Mbps
$1,790
$2,670
7.51 - 9.0 Mbps
$2,065
$2,945
9.01 - 10.5 Mbps
$2,290
$3,170
10.51 - 12.0 Mbps
$2,515
$3,395
12.01 - 13.5 Mbps
$2,740
$3,620
13.51 - 15.0 Mbps
$2,965
$3,845
15.01 - 16.5 Mbps
$3,150
$4,030
16.51 - 18.0 Mbps
$3,340
$4,220
18.01 - 19.5 Mbps 1
$3,525
$4,405
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 3 of 14
ps_mis_all_no security_svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 130624165151
19.51 - 21.0 Mbps $3,715 $4,595
21.01 - 45.0 Mbps $7,515 $8,395
v.2.3.06
Table 7: Flexible Bandwidth Billing Option - Burstable T-3
Discount applied to MIS & MIS w/Mans ed Router: N/A
Incremental Usage Fee Discount: N/A
Tiered Bandwidth
Minimum Commitment
MIS Undiscounted
Monthly Fee
MIS w/Managed Router
Undiscounted Monthly Fee
Undiscounted Incremental Usage Fee
Per Mbps
2 Mbps
$590
$885
$355
3 Mbps
$850
$1,145
$340
4 Mbps
$1,075
$1,370
$325
5 Mbps
$1,125
$1,420
$270
6 Mbps
$1,250
$1,545
$250
7 Mbps
$1,415
$2,295
$245
8 Mbps
$1,565
$2,445
$235
9 Mbps
$1,715
$2,595
$230
10 Mbps
$1,840
$2,720
$225
15 Mbps
$2,465
$3,345
$200
20 Mbps
$3,090
$3,970
$190
25 Mbps
$3,725
$4,605
$180
30 Mbps
$4,350
$5,230
$175
35 Mbps
$4,990
$5,870
$175
40 Mbps
$5,615
$6,495
$170
45 Mbps
$6,250
$7,130
N/A
v.2.3.06
Table 8: MIS Access Redundancy Option (MARO) - Burstable T-1 with Shadow Billing Option
Discount: N/A
Sustained Usage
MIS w/Managed Router Undiscounted Monthly Service Fee
Up to 56 Kbps For MARO Redundant Link Service Only (Shadow
Billing)
$170
up to 128kbps
$340
128.01 - 256 Kbps
$410
256.01 - 384 Kbps
$475
384.01 - 512 Kbps
$540
512.01 Kbps - 1.544 Mbps
$635
v.2.20.06
Table 9: MARO Burstable T-3 with Shadow Billing Option
Discount: N/A
Sustained Usage
MIS w/Managed Router Monthly Service Fee
Up to 56 Kbps For MARO Redundant Link Service Only Shadow Billing)
$800
up to 6.0 Mbps
$1,810
6.01 - 7.5 Mbps
$2,670
7.51 - 9.0 Mbps
$2,945
9.01-10.5 Mbps
$3,170
10.51 - 12.0 Mbps
$3,395
12.01 -13.5 Mbps
$3,620
13.51 -15.0 Mbps
$3,845
15.01 - 16.5 Mbps
$4,030
16.51 - 18.0 Mb s
$4,220
18.01 - 19.5 Mbps
$4,405
19.51 - 21.0 Mbps
$4,595
21.01 - 45.0 Mbps
$8,395
v.10.31.05
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 4 of 14
ps_mis_all_no_security svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM130624165151
Table 10: Redundancy Features - Monthly Service Fees
Option
Monthly Service Fee List Price
Service Component Discount
Alternate Backbone Node Option -additional charges via
Private Line, per Service Component
T-1: $500
N/A
NxT1: $500 per T-1
T3: $5,000
OC -3 $12,000
CPE Redundant Configuration Option - Per Service
Component
T-1: $120
N/A
NxT-1: $350
T3: $540
OC -3: $2,435
MARO Backbone Node Redundancy Option - additional
charges via Private Line, per Redundant Link
$500 per T-1 Redundant Link
N/A
$5,000 per T-3 Redundant Link
$12,000 per OC -3 Redundant Link
MARO Outbound Load Balancers (2) Option
(Dual Managed Customer Routers)
T1 & NXT1:$350
T3 & OC3: $875
N/A
V.2.3.06
Table 11: MIS and MARO Features - Installation Fees
0.0
I ODtion I Undiscounted Installation Fee List Price MIS & MIS w/Manaaed Router I
I MARO - Outbound Load Balancers (2) (Dual Managed I $1000 I
Customer Routers)
v.2.6.06
Table 12: MIS Tele — Installation
Discount: 100.0 %
MISSpeed
Undiscounted MIS
Undiscounted MIS w/ Managed Router
56 Kbps
$1,000
$1,000
128 Kbps - 1.5 Mb s
$1,000
$1,000
NxT-1
$2,500
$2,500
Tiered/Full T-3
$5,000
N/A
Tiered OC -3, OC -12, OC -48
$10,000
N/A
Ethernet
$1,500
$1,500*
10 Gig Ethernet**"
$10,000
$10,000*"
-HvaiiaDie Tor mi5 speeas or TUU MDps ano Deiow ano witn eiectncai interfaces orny.
** Subject to availability
"`* Not available with MPLS PNT
V.10.01.08
Table 13: On -Site Installation
Ditaceunt- 1n0_n O/
MISSpeed
Undiscounted MIS w/ Managed Router Only
56 Kbps
$999
128 Kbps - 1.5 Mb s
$999
NxT-1
$999
Tiered/Full T-3
$1,000
Tiered OC -3, OC -12, OC -48
$10,000
Ethernet
$1,500
V.19.UU.UU
Table 14: ATM and Tiered OC -3
Discount: NIA
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 5 of 14
ps_mis_all_no securitysvcs 20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 130624165151
Speed
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
2 Mbps*
$590
$885
3 Mbps*
$850
$1,145
4 Mbps*
$1,075
$1,370
5 Mbps*
$1,125
$1,420
6 Mbps*
$1,250
$1,545
7 Mbps*
$1,415
$2,295
8 Mbps*
$1,565
$2,445
9 Mbps*
$1,715
$2,595
10 Mbps*
$1,840
$2,720
15 Mbps*
$2,465
$3,345
20 Mbps*
$3,090
$3,970
25 Mbps*
$3,725
$4,605
30 Mbps*
$4,350
$5,230
35 Mbps*
$4,990
$5,870
40 Mbps*
$5,615
$6,495
60 Mbps*
$7,825
$9,005
155 Mbps (not
available with ATM
$17,800
$18,980
* Not available with MPLS PNT
v.2.3.06
Table 15: Burstable OC -3
Discount: NIA
Sustained Usage
Undiscounted MIS Monthly
Service Fee Undiscounted MIS w/Mana ed Router Monthly Service Fee
Up to 35.0 Mbps
$5,990
$6,870
35.01 to 45.0 Mbps
$7,515
$8,395
45.01 to 55.0 Mbps
$8,765
$9,945
55.01 to 65.0 Mbps
$10,025
$11,205
65.01 to 75.0 Mbps
$11,290
$12,470
75.01 to 85.0 Mbps
$12,550
$13,730
85.01 to 100.0 Mbps
$14,440
$15,620
100.01 to 125.0 Mbps
$17,590
$18,770
125.01 to 155.0 Mbps
$21,365
$22,545
v.2.3.06
Table 16: Flexible Bandwidth Billing Option - Burstable OC -3
Discount applied to MIS & MIS w/Mana ed Router: NIA
Incremental Usage Fee Discount: N/A
Tiered Bandwidth
Minimum Commitment
Undiscounted
MIS Monthly Fee
Undiscounted MIS with
Managed Router Monthly Fee
Undiscounted Incremental Usage Fee Per
Mbps
35 Mbps
$4,990
$5,870
$175
40 Mbps
$5,615
$6,495
$170
45 Mbps
$6,250
$7,130
$170
60 Mbps
$7,825
$9,005
$160
70 Mbps
$8,875
$10,055
$155
80 Mbps
$9,925
$11,105
$150
90 Mbps
$10,975
$12,155
$150
100 Mbps
$12,025
$13,205
$145
120 Mbps
$14,125
$15,305
$145
144 Mbps
$16,225
$17,405
$140
155 Mbps
$17,800
$18,980
N/A
v.2.3.06
Table 17: Tiered OC -12
Discount: NIA
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 6 of 14
ps_mis_all_no security_svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 130624165151
Speed Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee
622 Mbps $50,700 $52,505
v.2.3.06
Table 18: Burstable OC -12
Discount: N/A
Speed
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
Up to 75.0 Mb s
$11,290
$12,470
75.01 to 150.0 Mb s
$18,750
$19,930
150.01 to 225.0 Mb s
$26,215
$27,395
225.01 to 300.0 Mb s
$33,665
$35,470
300.01 to 375.0 Mbes
$40,040
$41,845
375.01 to 450.0 Mb s
$46,415
$48,220
450.01 to 525.0 Mb s
$52,715
$54,520
525.01 to 622.0 Mb s
$60,850
$62,655
v.2.3.06
Table 19: Flexible Bandwidth Billing Option - Burstable OC -12
Discount applied to MIS & MIS w/Mana ed Router: N/A
Incremental Usage Fee Discount: N/A
Tiered Bandwidth
Minimum Commitment
Undiscounted MIS
Monthly Fee
Undiscounted MIS with
Managed Router Monthly Fee
Undiscounted Incremental Usage Fee
Per Mb s
70 Mb s
$8,875
$10,055
$155
80 Mb s
$9,925
$11,105
$150
90 Mb s
$10,975
$12,155
$150
100 Mb s
$12,025
$13,205
$145
120 Mb s
$14,125
$15,305
$145
144 Mb s
$16,225
$17,405
$140
155 Mb s
$17,800
$18,980
$140
200 Mb s
$20,975
$22,780
$130
250 Mb s
$24,515
$26,320
$120
300 Mb s
$28,050
$29,855
$115
350 Mb s
$31,600
$33,405
$110
400 Mb s
$35,140
$36,945
$110
450 Mb s
$38,675
$40,480
$105
500 Mb s
$42,215
$44,020
$105
550 Mb s
$45,750
$47,555
$100
600 Mb s
$49,290
$51,095
$100
622 Mb s
$50,700
$52,505
N/A
v.2.3.06
Table 20: Tiered OC -48
Discount: N/A
Speed Undiscounted MIS Monthly Service Fee Undiscounted MIS w/Managed Router Monthly Service Fee
2.5 Gbps $196,000 $199,055
v.2.3.06
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 7 of 14
ps_mis_all_no_security svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
Table 21: Burstable OC -48
Discount: NIA
CSM 130624165151
Sustained Usage
Undiscounted MIS Monthly Service Fee
Undiscounted MIS w/Managed Router Monthly Service Fee
Up to 1250 Mbps
$121,500
$124,555
1251 to 1350 Mbps
$130,975
$134,030
1351 to 1450 Mbps
$140,450
$143,505
1451 to 1550 Mbps
$149,925
$152,980
1551 to 1650 Mbps
$159,400
$162,455
1651 to 1750 Mbps
$168,875
$171,930
1751 to 1850 Mbps
$178,350
$181,405
1851 to 1950 Mbps
$187,825
$190,880
1951 to 2050 Mbps
$197,300
$200,355
2051 to 2150 Mbps
$206,775
$209,830
2151 to 2250 Mbps
$216,250
$219,305
2251 to 2350 Mbps
$225,725
$228,780
2351 to 2450 Mbps
$235,200
$238,255
v.2.3.06
Table 22: Flexible Bandwidth Billing Option - Burstable OC -48
Discount applied to MIS & MIS w/Mana ed Router: NIA
Incremental Usage Fee Discount: NIA
Tiered Bandwidth
Minimum Commitment
Undiscounted
MIS Monthly Fee
Undiscounted MIS with
Managed Router Monthly Fee
Undiscounted Incremental Usage Fee
Per Mbps
600 Mbps
$49,290
$51,095
$100
622 Mbps
$50,700
$52,505
$100
700 Mbps
$56,365
$58,170
$100
800 Mbps
$63,440
$65,245
$100
1250 Mbps
$101,250
$104,305
$100
1550 Mbps
$125,000
$128,055
$100
1850 Mbps
$148,750
$151,805
$100
2150 Mbps
$172,500
$175,555
$100
2450 Mbps
$196,000
$199,055
N/A
v.2.3.06
Table 23: Flexible Bandwidth Billing Option - Ethernet
Discount applied to MIS & MIS w/Managed Router: 94.0 %
Incremental Usage Fee Discount: 40.0
Tiered Bandwidth
Minimum Commitment
MIS Undiscounted
Monthly Fee
MIS with Managed Router
Undiscounted Monthly Fee
Undiscounted Incremental Usage Fee
Per Mbps
0.5 Mbps
$390
$460
$940
1.0 Mbps
$425
$495
$510
1.5 Mbps
$470
$540
$380
2 Mbps
$590
$885
$355
3 Mbps
$850
$1,145
$340
4 Mbps
$1,075
$1,370
$325
5 Mbps
$1,125
$1,420
$270
6 Mbps
$1,250
$1,545
$250
7 Mbps
$1,415
$2,295
$245
8 Mbps
$1,565
$2,445
$235
9 Mbps
$1,715
$2,595
$230
10 Mbps
$1,840
$2,720
$225
15 Mbps
$2,465
$3,345
$200
20 Mbps
$3,090
$3,970
$190
25 Mbps
$3,725
$4,605
$180
30 Mbps
$4,350
$5,230
$175
35 Mbps
$4,990
$5,870
$175
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 8 of 14
ps_mis_all_no_security svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM130624165151
40 Mbps
$5,615
$6,495
$170
45 Mbps
$6,250
$7,130
$170
50 Mbps
$6,770
$7,815
$165
60 Mbps
$7,825
$9,005
$160
70 Mbps
$8,875
$10,055
$155
75 Mbps
$9,410
$10,595
$155
80 Mbps
$9,925
$11,105
$150
90 Mbps
$10,975
$12,155
$150
100 Mbps
$12,025
$13,205
$145
120 Mbps
$14,125
$15,305
$145
144 Mbps
$16,225
$17,405
$140
150 Mbps
$17,065
$18,250
$140
155 Mbps
$17,800
$18,980
$140
200 Mbps
$20,975
$22,780
$130
250 Mbps
$24,515
$26,320
$120
300 Mbps
$28,050
$29,855
$115
350 Mbps
$31,600
$33,405
$110
400 Mbps
$35,140
$36,945
$110
450 Mbps
$38,675
$40,480
$105
500 Mbps
$42,215
$44,020
$105
550 Mbps
$45,750
$47,555
$100
600 Mbps
$49,290
$51,095
$100
622 Mbps
$50,700
$52,505
$100
700 Mbps
$56,365
$58,170
$100
800 Mbps
$63,440
$65,245
$100
900 Mbps
$70,875
$73,930
$100
1000 Mbps
$78, 250
$81,305
N/A
v.10.01.08
Table 24: Flexible Bandwidth Billina Ootion -MIS 10 Gia Ethernet*
Discount applied to MIS: NIA
Incremental Usage Fee Discount: NIA
Tiered Bandwidth Minimum Commitment
MIS Undiscounted Monthly Fee
Undiscounted Incremental Usage Fee Per Mbps
.5 Gb s
$42,215
$84.43
1.0 Gb s
$78,250
$78.25
1.5 Gb s
$119,625
$79.75
2.0 Gb s
$161,000
$80.50
2.5 Gb s
$196,000
$80.25
3.0 Gb s
$240,000
$80.00
3.5 Gb s
$279,125
$79.75
4.0 Gb s
$318,000
$79.50
4.5 Gbps
$356,625
$79.25
5.0 Gb s
$390,000
$78.00
5.5 Gbps
$433,125
$78.75
6.0 Gb s
$471,000
$78.50
6.5 Gb s
$508,625
$78.25
7.0 Gb s
$539,000
$77.00
7.5 Gb s
$583,125
$77.75
8.0 Gb s
$620,000
$77.50
8.5 Gb s
$656,625
$77.25
9.0 Gb s
$684,000
$76.00
9.5 Gb s
$719,625
$75.75
10.0 Gb s
$755,000
$75.50
* Not available with MPLS PNl
v.10.01.08
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 9 of 14
ps_mis_all_no_securitysvcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM 130624165151
Table 25: Class Of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Service Fees
Discount: 62.0 %
Speed
Class of Service Monthly Fee - List Price' (w/ or w/out Managed Router, except as indicated)
56 Kbpst
$225
128 Kbpst
$225
256 Kbpst
$225
384 Kbpst
$225
512 Kbpst
$225
768 Kbps
$225
1024 Kbps*"
$225
1.5 Mbps
$225
2xT-1 (3 Mbps)
$225
3xT-1 (4.5 Mbps)
$225
4xT-1 (6 Mbps)
$225
5xT-1 (7.5 Mbps)
$225
6xT-1 (9 Mbps)
$225
7xT-1 (10.5 Mbps)
$225
8xT-1 (12 Mbps)
$225
10 Mbps
$825
15 Mbps
$1,075
20 Mbps
$1,325
25 Mbps
$1,575
30 Mbps
$1,825
35 Mbps
$2,100
40 Mbps
$2,350
45 Mbps
$2,750
155 Mbps$
$2,750
Charges waived for Sites with AT&T BVolP Service
Not available with MPLS PNT
(t) no real-time class available
(t) unmanaged only
v.6.1.06
Table 26: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Service Fees
Discount: 62.0 %
Speed
Undiscounted MIS w/ or w/out Managed Router Monthly Service Fee"
Up to 1.5 Mbps
$225
2.0 Mbps
$285
2.01 - 3.0 Mbps
$360
3.01 - 4.0 Mbps
$435
4.01 - 5.0 Mbps
$510
5.01 - 6.0 Mbps
$575
6.01 - 7.0 Mbps
$640
7.01 - 8.0 Mbps
$705
8.01 - 9.0 Mbps
$765
9.01 to 10.0 Mbps
$825
10.01 to 15.0 Mbps
$1,075
15.01 - 20.0 Mbps
$1,325
20.01 - 25.0 Mbps
$1,575
25.01 -30.0 Mbps
$1,825
30.01 -35.0 Mbps
$2,100
35.01 - 40.0 Mbps
$2,350
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 10 of 14
ps_mis_all_no_security_svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM130624165151
40.01 - 45.0 Mbps
$2,750
45.01 —155 Mbps
$5,000
200 - 250 Mbps
$5,400
300 - 350 Mbps
$5,800
400 - 600 Mbps
$6,200
622 Mbps
$7,000
700 —1000 Mbps
$7,800
1.5 Gbps**
$7,900
2.0 Gbps"
$8,000
2.5 Gbps**
$8,100
3.0 Gbps"
$8,200
3.5 Gbps'"
$8,300
4.0 Gbps'"
$8,400
4.5 Gbps'"
$8,500
5.0 Gbps'"
$8,600
5.5 Gbps
$8,700
6.0 Gbps'"
$8,800
6.5 Gbps"
$8,900
7.0 Gbps**
$9,000
7.5 Gbps'"
$9,100
8.0 Gbps**
$9,200
8.5 Gbps'"
$9,300
9.0 Gbps"
$9,400
9.5 Gbps"
$9,500
10.0 Gbps'"
$9,600
*Charges waived for Sites with AT&T BVolP Service
** Not available with MPLS PNT
v.10.01.08
Table 27: Class Of Service Option - Installation Fees
Discount: 0.0 %
Class of Service Undiscounted Installation Fee*
*Charges waived for Sites with AT&T BVolP Service
v.2.3.06
Table 28: MIS+NCS Option
Discount: N/A
Feature
Undiscounted Monthly Service Fee MIS Only
MIS + NCS Site License Fee 3 r)
$1,200
MIS + NCS Site License Fee 5 r
$1,050
MIS + NCS Tier 1 Support
$100
v.04.29.02
Table 29: MIS + NCS Installation Fees
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 11 of 14
ps_mis_all_no securitysvcs_20060528 acsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
Table 30: MPLS PNT Feature
Discount: N/A
CSM130624165151
Access Method
Speed
Undiscounted Monthly Service Fee
MIS & MIS w/Mana ed Router
Private Line Fractional T-1 56K - 768
Fractional T-1 56K - 768
$200
Private Line NxT-1 2 through 8
Private Line NxT-1 3 Mbps -12 Mbps)
$200
Private Line T1
T-1 1.54 Mbps)
$200
Private Line T3
2 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
3 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
4 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
5 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
6 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
7 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
8 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
9 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
10 Mbps (Hi -Cap Flex T3
$1,000
Private Line T3
15 Mbps Hi Cap Flex T3 or Fractional T3
$1,000
Private Line T3
20 Mbps (Hi -cap Flex T3, or Fractional T3
$2,000
Private Line T3
25 Mbps(Hi-cap Flex T3, or Fractional T3
$2,000
Private Line T3
30 Mbps (Hi -cap Flex T3, or Fractional T3
$2,000
Private Line T3
35 Mbps (Hi -cap Flex T3, or Fractional T3
$2,000
Private Line T3
40 Mbps (Hi -cap Flex T3, or Fractional T3
$2,000
Private Line T3
45 Mbps Full T3
$2,000
Private Line T3
6-45 Mbps Burstable T3
$2,000
Private Line OC3
OC -3 (35-155 Mbps) Flat rate, Burstable,
or Hi -Cap flex
$5,000
Private Line OC12
OC -12 (70-622 Mbps) Flat rate, Hi -Cap
Flex, or Burstable
$10,000
Private Line OC48
OC -48 (600-2500 Mbps) Flat rate, Hi -Cap
Flex or Burstable
$20,000
Ethernet
512Kb s - 1.5 Mbps
$200
Ethernet
2 - 15 Mbps
$1,000
Ethernet
15.01 - 45 Mbps
$2,000
Ethernet
45.01 - 155 Mbps
$5,000
Ethernet
155.01 - 622 Mbps
$10,000
Ethernet
622.01 -1000 Mbes
$20,000
v.10.12.07
Table 31: MPLS PNT UniLink Feature
Discount: N/A
Access Method
Speed
Undiscounted Monthly Service Fee MIS PNT
and MIS PNT with Managed Router
Private Line OC -3
OC -3 35-155 Mbps) Flat rate, Burstable, or Hi -Cap flex
$5,000
Private Line OC -12
OC -12 (70-622 Mbps) Flat rate, Hi -Cap Flex, or Burstable
$10,000
Private Line OC -48
OC -48
$20,000
Ethernet
512 Kbps -1.5 Mbps
$200
Ethernet
2 - 45 Mbps
$2,000
Ethernet
45.01-155 Mbps
$5,000
Ethernet
155.01-622 Mbps
$10,000
Ethernet
622.01-1000 Mbps
$20,000
v.10.12.07
Table 32: MultiCast Monthly Service Fee
N/A
MultiCast Monthly Service Fee ICB
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 12 of 14
ps_mis_all_no security svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
CSM130624165151
Table 33: MultiCast Installation
N/A
MultiCast Installation Fee ICB
Section II: AT&T Business in a BoxSm
Table 1: Service Component Replacement — Next Business Day Shipped (5x8) Monthly Charges
Discount: N/A
Service Component/Device
Undiscounted Monthly Service Charge
Base Unit 12 Port
$50
Base Unit 24 Port
$70
8 Port POE Add -On
$30
24 Port POE Add -On
$75
8 Port Analog Module Add -On
$35
V.5.14.U9
Table 2: On -Site Maintenance (24X7X4) Monthly Charges
nieacnunt- N/0
Option
Undiscounted Monthly Service Charge
Base Unit 12 Port
$75
Base Unit 24 Port
$95
8 Port POE Add -On
$35
24 Port POE Add -On
$85
8 Port Analog Module Add -On
$40
V.5.14XV
Table 3: Life -Cycle Management Charges - Service Charges
Discount: N/A
Per Site/ Per Occurrence during Standard Business Hours (Monday- Undiscounted Service Charge List Price
Friday, 8:00 am- 5:00 pm, local time)
Move, Addition, Change to Service $260
Delete Service $500
v. 5.14.09
Table 4: Class Of Service Option - when ordered with AT&T BVoIP Services only
Discount:
v
Section III: Additional Service Fees
Moving Fee(during hours
$1,000 per location
Additional Moving Fee (outside standard operating hours — 8:00 a.m. to
5:00 p.m. Monday through Friday)
Additional $500 per location
V.U7/U1/U4
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 13 of 14
ps_mis all_no security_svcs_20060528_gcsm.rtf v.10/01/11
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
Section IV: Local Access Pricing
CSM130624165151
NPA/
NXX
Location
Access
Bandwidth
Local Access Non-
Recurring Charge
Local Access Net Monthly
Recurring Charge
806-762
Lubbock, TX
Ethernet—100Mbps
$0.00
$647.96
806-762
Lubbock, TX
Ethernet — 250Mbps
$0.00
$1,660.40
806-762
Lubbock, TX
Ethernet — 500Mbps
$0.00
$2,349.90
806-765
Lubbock, TX
Ethernet—100Mbps
$0.00
$647.96
806-765
Lubbock, TX
Ethernet —250Mbps
$0.00
$1,660.40
806-765
Lubbock, TX
Ethernet — 500Mbps
$0.00
$2,349.90
806-762
Lubbock, TX
Ethernet—1000Mbps
$0.00
$2,836.00
806-765
Lubbock, TX
Ethernet—1000Mbps
$0.00
$2,836.00
KH1932 6/26/13 SR: 1-1G2SPF1 IMS: 522885
AT&T and Customer Confidential Information
Page 14 of 14
ps mis all—no—security svcs-20060528_gcsm.rtf v.10/01/11