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Sprint/Long Distance Service 99MAY-01-1995 10:04 FROM SPRINT U.C. CA 9124 HV15/95 12:29';5� FL DELIVER To: -a Sprint. Business Business Sense Term Aappmpri tr3rt't>i plan e (1) Ybar- fft tl'tly U810 Check appropriate © $bf}fmonth This Agreement is for a ©eiawam Urnflod Part* Agmment TO 16197777101 P.02 RDUTE M; a PaLge 081 SPRiNi swmss srmN5 TERN! PLAN/UgME AGMEMENT C3 Two (2) Year ©Non -Term CiitltOitlBE inll}l>": tent. Level: lml:. Custorrw tnftini1:A;;r_1 nt Susiness Sense Term Plan Owed by Sprint Communications Company i;�prirzt�. a Ali Sprint ett"an and om0i1terms and conditions *8 governed by the appliumble3 Sprint tariffs, as they May be amended from time to time= Suoscr6be ,v TqrrT)'Ftah will mmence upon Sprinft `ntpirvmentation of oervicoe under thle agreenwnt w7d opnUrnre tot the period seleci+ad ab At the conclusion of �he Term Plan, the Business Sense Term Plan and Monthly Commitment Levsl wlil aut atically renew to an "uivaient Term Plan and at the than-wrrent Wnthly Eta Commitment f;�il. urgese otomor prvides written' notification to cancel the Ruviness ^Sensn Torrn Plan na�t hm than 46 Mays prior to the anon of its Term Plan. tF Cuatombr+ s:ioattry Writhly Usage Commi�rnnnt. l_ . during Milling: month, the invojoe fore SUCK tufinW rxth� wig L--sidj to bW the oamadUed arwurd of uW. > u LU 0.e rv� Lies v Canparry.Name Title (m box t )'CL( 01V)4a ZS_ 3 Company Adalrsss oust I.D. ,print CL ter_ 800) 9Z Od. 10105199 T'UE 19:44 FAX 3023266700 SPRINT BSC RightFAX 09/21/1999 11:12 IMAGE. 2/5 Sy*in� Q 002 RightFAX SprintSuskte" c m, 'Idd AD Calls All QaPm Intarstate Competitive Response Option Sales Agrea teizt The point of contact- Cuslorntr Authorization JTundersigned auttwria's Sprint to act as Its prima r for the following Sprint Business Flex communications services (check all that applyk Oial t Service ca(talt (intratstal Service O Switched Data Service (SOS} Toll -free Service (where available) ❑ Paging Service Q Inwriation;t Tall -Free Service (IiFS) ❑ FON CARD (Quantity ) X Main Telephone Number(&) - STN `716o- print Rosiness Flint vuith All CAlls All C Customer (%ccepts the Interstate Competitive Response Option. which provides a more competitive interslate voice service usage rate. (If the option box is not checked. Cusmmer will receive standard interstate and international tariff rates.) Beginning with Customer's 2nd month of usage. Sprint will charge customer a $12 monthly service charge it Customer's monthly usage is less than S50. GerreurlCmT411111,Tv All Sprint charges and other terms and conditions are governed by the applicable Sprint tatiffs, as they may be amended itom time to time. Sprint Callers Plus Rewards and Benefits program is not available with the Sprint Business Flex with All Calls Alf Day Interstate Competitive Response Option. This Interstate Competitive Response Option is not combinable with any other All Calls All Day interstate or international product options. Sprint Business Flex volume discounts do not apply to All Calls All Day usage. My signature on this form authorizes Sprint to notify the local telephone company to switch my long distance service and local toil service lit available in my area and selected by me) to Sprint I may select only one Interstate or Inte[LATA long distance carrier and one lrrt*astate or local toll carrier per telephone number listed above. One toll service provider may be both my interstate or InterlATA primary inter - exchange carrier and my intrastate or IntmLATA primary carrier, but I may have different service pravidersJor• each. I understand that the local telephone company may assess a nominal lee to switch my long distance carrier and my local toil carrier and may assess a nominal tee if I decide to change back to the original toll service provideds). These nominal foes only apply to new customers or new lines switched to SpdnV--\— Customer Sign= Company Name _ Print Name Title -ha o r Company Address �a x't°- h -� Billing Address (It d'htteient from aboys) -PE) Customer Phone (�(D� } 7O11J Customer Tax1O ❑ Single Itemi2ed Bill Per Location (PAli Locations On One itemized Bill Sprint Representative 5L �'-rPe SSN ADP USG 3b-7 FAX Number ffi77— 7,y if " cl !9,0 Phone Number 844 ^5"377-c&y/ E-Mail Plan Type Promo Codes Tall Kit Promo 5f EST. S CPN( Information: 0 Yos, consent given ❑ No. consent denied f t� Supervisor Approval, H1ID SY 79 ` 7r Sprint Confidential lnfornratioa This document may not he disclosed to any third party. G1999 Sprint Communications Co. L.P. 9557-3 9f99 ZCallers' us Sprint Business Rewards M Sprint Account # 172160294 SANDRAJAHOLA CITY OF LA QUINTA PO BOX 1504 LA QUINTA, CA 92253-1504 .I....l�Irrl�l�I�Irr�ll����ll�i�l�Ilrr�rlrrlllrrr�l��l�l�l� Earthl-ink'" Sprint Internet access product now earns Callers' Plus points! Sign up today and receive 500 Callers' Plus bonus points. Call 1-800-395-8410 and earn Callers' Plus points even faster! Offer extended through 12/31 /99. —i O p rYI m "^ tv n 7o r— Co rf j 7C D —� cn p rn c� -n _" _ r, m G� Account Summary mD- Member News Utilizethe automated phone service for point balance information by calling 1-800-488-2440, seven days a week, 24 hours a day. Do we have your current mailing address and contact nameisl on your Callers' Plus account? Please mail updates on company letterhead with authorized contact signature to: P.O. Box 1740 St. Charles, MO 63302-1740 *CONVERSION BALANCE represents the ending point balance at the time of conversion to the new Callers` Plus database platform in May 1999. 03/22/99 04/17/99 04/22/99 05/09/99 05/22/99 06/22/99 07/22/99 08/22/99 09/22 /99 TOTAL PREVIOUS POINT BALANCE SPRINT INVOICE 6-MONTH ANNIVERSARY BONUS SPRINT INVOICE CONVERSION BALANCE " SPRINT INVOICE SPRINT INVOICE SPRINT INVOICE SPRINT INVOICE SPRINT INVOICE --AL- Sprint P.O. Box 1740, St. Charles, MO 63302-1740 Account Activity Net Usage Bonus Amount Points Points Imm $815 8,150 274,790 $736 7,360 $843 8,430 $861 8,610 $774 7,740 $939 9,390 $5,690 1 331,690 1 7,500 161,910 7,220 7,500 8,150 274,790 7,360 8,430 8,610 7,740 9,390 501,100 Your reward is just one call away 1 • 800 • 488 • 2440 1999 Callers' Plus Rewards* Point Point Level Rewards Item # Page Level Rewards Item # Page 300,01b Sprint--•$2000 Free Long Distance 901115 1 65,000 Sprint—$250 Free Long Distance 901052 ' 27 Comp USA"—$2000 Certificate 901120 8 Sprint PCSI'-$250 Gift Cheque 901054 25 Zenith® 50` Projection TV 901117 7 Sprint Pag ingO-$250 Credit 901053 26 Toshiba's CDS`Notebook Computer 901116 9 Olympus Stylus Zoom 70QD Camera 901056 25 Macy's--M Certificate 901121 6 Atlantic Vista 3-Pc. Travel Set Sharp' Carousel Microwave-Grey/Black 901059 901060 24 25 Mid-Amica Travel-42000 Credit 901122 6 Sharp' Carousal Microwave -White 901061 25 Macy's--$250 Certificate 901068 '" 24 Movad& Museum Watch-Men's 901 D62 26 Movado' Museum Watch -Ladies` ' 901 D63 26 Panasonic' 2-Line Cordless Phone `` 901064 27 ' American Airlines'—$250 Certificate 901070 26 Hertz'—$250 Travel Voucher 901071 27 250,000 Sprint—$1500 Free Long Distance 901108 11 45,000 Sprint—$150 Free Long Distance 901039 29 Tag Heuer® Watch-Men's 901123 11 Sprint PCSIM—$150 Gift Cheque 901040 31 Tag Heuer' Watch -Ladies' 901124 11 RadioShacklm—$150 Certificate 901049 31 RCA' 36" TV and Stand 901109 10 GE' Cordless Caller ID Phone 901043 29 Mid -America Travel—$1500 Credit 901114 10 Fellowes' Deluxe Cross Cut Shredder 901042 30 Compaq' Multimedia Desktop Computer Pkg. 901110 11 Sony' CD/Radio/Cassette Player 901041 28 Comp USA'—$150 Certificate 901050 28 Eddie Bauer'—$150 Certificate 901048 30 Marriott'—$150 Cheque 901051 31 Sprint 1204 Fr long Dist ce 901100 13 2500 Sprint--$80 Free Long Distance 901024 33 HP Laser,let 6PSE Printer 901102 13 FossiP Watch-Men's 901032 32 Bose Home Theatre System —Black 901103 12 Fossil® Watch -Ladies' 901033 ' 32 BosO Home Theatre System —White '' 901133 12 Solo' Expandable Portfolio 901132 35 Camp USA'—$1200 Certificate 901105 12 Sony' AM/FM Stereo Cassette Walkman 901031 32 Mid -America Travel---$1200 Credit 901106 13 Sony' Pressman' Microcassette Recorder 901028 35 Sony' 32' Stereo PEP TV 901101 12 Hoover' Dubl-DutVN Wet/Dry Hand Vac 901027 34 Casio' Phone with Answering Machine 901030 34 ' Marriott'—$80 Cheque' 901038 33 150,000 Sprint—$800 Free Long Distance 901088 15 15,000 Sprint—$40 Free Long Distance 901012 39 3Com' Palm Pilot Illx 901094 14 Sprint Paging'—$40 Credit 901013 38 Canon' C5500 Printer/Scanner/Fax/Copier 901090 17 Spree' prepaid fancards—$40 901014 37 HP Deskjet 890C Inkjet Printer 901092 15 $50 US Savings Bond 901016 39 Sony' 8mm Camcorder 901093 17 Dinner & Movie —AMC' Theaters 901017 36 RCA' 25" TV/VCR 901089 16 Dinner & Movie —General Cinema 901018 38 American Airlines'-2 Round -Trip Certificates 901099 16 FTD'—$40 Gift Certificate 901023 37 Office Depot'—$800 Certificate 901125 15 Macaroni Grill'—$40 Certificate 901020 39 Marriott'—$800 Cheque 901126 14 Casio' Memo Master Electronic Organizer 901015 37 Hertz'—$800 Travel Voucher 901127 16 RadioShacks"—$40 Certificate 901022 38 Mid -America Travel—$800 Credit 901128 17 Waldenbooks'—$40 Certificate 901021 36 100,000 Sprint•—$400 Free Long Distance 901072 21 10M Sprint $25 Free Long Distance 901001 41 Sprint Pr SSA- $400 Gift Cheque 901073 23 Sprint Paging'-425 Credit 901003 43 American Airlines-11 Round Trip Certificate 901086 22 Chip sw $25 Gift Certificate 911006 40 Panasonic' 5-CD Mini Stereo System 901075 20 Office Depot'—$25 Gift Certificate 901130 41 Marrlote---$400 Cheque 901087 21 Domino's Pizza*—$25 Gift Certificate 901005 42 Spalding AllienceTm Golf Set-Men's RightHand 901079 21 T.G.1.Fridays'---$25 Gift Certificate 901004 41 Spalding Alliancelm Goff Set-Men`s Left Hand 901081 21 Waldenbooks"—$25 Gift Certificate 901010 ` 42 Spalding Alliancelm Golf Set -Ladies' 901080 21 The Sharper Image--$25 Gift Certificate ; 901131 43 Whirlpool" Compact Refrigerator 901129 23 General Cinema Movie 4-Pack 901007 40 Umax' Astra 1200S' Scanner 901078 23 AMC' Movie 4-Pack 901009 43 It's Easy To Redeem Your Callers' Plus Points: Sprint Account Number Contact Name Business Name Business Address Business Telephone Number ( ) Business Fax Number 1) • By Phone: 1 •800.488.2440 (24 hours a day, 7 days a week) Zip • By Mail: Callers' Plus Service Center P.O. Box 1740, St. Charles, MO 63302-1740 Shipping Information • By Fax: 1 •877.668.5760 (Toll -Free) All redemptions are shipped via UPS ground service to the authorized contact name and address on member's Sprint account. For alternate delivery options, please call the Callers' Plus Service Center at 1-800-488-2440. Note: To redeem for U.S. Savings Bonds, you must call Callers' Plus Service Center for security reasons. See Page 18 of Catalog for Complete Rewards Grid Item # Item Description Point Level A Quantity B Total Points A x B 901001 $25 Free Sprint Long Distance 10,000 2 20,000 All redemptions are subiect to Callers' Plus oroaram terms and conditions listed on oaae 19 of the rewards Points Redeemed catalog. Forfurther information, please call the Callers' Plus Service Center at 1-800-488-2440. r r ;Sprint® We help your business do more business® 0830A0 007680 01760 00720 The Sprint Services You've Selected: Business Sense®. A simple flat rate with a single monthly invoice that can be tailored to fit your needs. All of your outbound usage -- including FONCARD, Voice FDNCARD® and wireless long-distance calls (where applicable) -- is combined with your toll -free and switched digital usage for maximum savings. Please note that customers spending $14.99 or less per month on long distance will be assessed a $7.50 per month service fee. For more information, call 1-800-877-4020. Local Toll Service. To verify local toll service, dial 1 + (area code) + 700-4141 from each phone line. Listen for the "Welcome to Sprint' recording. If you do not hear this message or are unable to access the 700 number, please call 1-800-877-4020 to confirm service. Your selected service(s) will apply to the following number(s): , (760) 775-9284, (760) 775-9664 Sprint FONCARD'. Make multiple calls without redialing, correct dialing errors with the touch of a button, and track expenses from user to user. With all of its features, your FONCARD is a sure way to make business travel more productive for you and your business. Listed below are the FONCARD numbers for this account: 760 775 9664 Award- Winning Customer Satisfaction. 1-800-877-4020 Whatever your need, from service information to invoice and balance inquiries, Sprint Customer Service can help. Just call us at 1-800-877-4020 when it's convenient for you, and our award -winning Customer Service team will assist you with all your business communications questions. -� Sprint® ® Printed on recycled paper © 1998 Sprint Communications Company L.P. All Rights Reserved. www.sprint.com 6000D.35 11/98 We help your business do more business® 435285654 0830A0 007680 01760 00720 BSS 5 CITY OF LA QUINTA CITY OF LA QUINTA PO BOX 1504 LA QUINTA CA 92253-1504 Dear Valued Customer, Thank you for choosing Sprint Business® for your communications needs. At Sprint we are dedicated to providing you with the most innovative products and technology to help maximize productivity for your business. Our fiber-optic network is the first of its kind, giving customers exceptional pin -drop quality that stretches across the United States and around the world. In addition, the Sprint network is monitored 24 hours a day, 365 days a year to ensure constant service reliability. Please take a moment to review the services listed on the following page detailing your selection. And, for your future needs, remember Sprint offers a wide variety of state-of-the-art technologies designed to help make your business more productive. We are here to answer any questions you have. Please feel free to call our Customer Service number at 1-800-877-4020 anytime we can be of assistance. We're honored to provide your company with reliable, cost-effective business solutions for your communications needs -- now and in the future. Sincerely, Customer Communications P.S. Other long-distance carriers may encourage you to switch. Remember, Sprint not only gives you low, competitive rates, but award -winning Customer Satisfaction as well. We're here to give you the best business communications possible. Feel confident you made the right choice. Will business take you overseas? Remember, your Sprint FONCARDsM can help you stay productive while away from the office — even when traveling internationally. Before you leave the United States, be sure to get a copy of the most recently updated international access numbers for over 100 countries. Just call the Sprint Documents on Demand service at 1-800 788-3203 and request Document #104 or visit our Web site at www.sprint.com/walletguide to view updated access numbers. 2363/085/3H7V4F /c76/039/8Q/ / / / /039/106/115 435285654 2363 Li F2X 11111111111111 5654 Before You Use Your New Sprint Business® Service: Your first step is to confirm your Sprint services are up and running. From each outbound Sprint line, simply dial (toll free)1-700-555-4141 and listen for the "Welcome to Sprint" recording. If you ordered a Sprint FONCARDI, we recommend you place a test call to verify the code is active and to familiarize yourself with the dialing procedure. if you ordered Toll -Free service, remember to test the toll -free number from home or another location away from your office. Simply refer to your Welcome Letter or invoice. Then, for each separate location in your business, record the Account Number and the type of service for that location. If you ever have a question about your service, having this information in front of you when you call your Sprint Associate will help us answer your questions quickly. Accounting Codes allow you to manage calling and expenses more effectively. If you have Advanced Accounting Codes, long-distance calls can be completed only when the assigned Accounting Code is dialed. Simply assign these codes as you wish to employees, departments, clients or projects — depending on how you would like calls grouped on your invoice. If you have Basic Accounting Codes, long-distance calls can be completed only when any Accounting Code is entered that has the required number of digits. For example, if you have chosen two -digit accounting codes, you're free to use any number between 01 and 99. When you receive your invoice, your long-distance calls will be clearly broken out by each of the codes you've chosen. Remember, for your security, a code is necessary for completing calls from the phone numbers you indicated. Troubleshooting Tips If you have trouble on the line, here's a simple guide to determine who to call to get assistance. Of course, if there's any doubt, call us at the Customer Service number provided on the front of this letter. Call your local phone company if: Call Sprint at the Customer Service number provided if: ► There's trouble only on calls within your local service area ► There's trouble only on Sprint long-distance or local toll calls ► You hear three ascending tones and a recording ► There's trouble with a particular long-distance number ► There's no dial tone on any phone or area code outside your local calling area ► Others can't get through to your office when dialing direct. ► There's trouble with your Sprint toll -free number ► You have trouble placing a FONCARD call ► You have any questions about your service. --' Sprint® ® Printed on recycled paper ® 1998 Sprint Communications Company L.P. All Rights Reserved. www.sprint.com 60000.35 li/98 CUSTOM NETWORK SOLUTIONS BASIC AGREEMENT (Government Customer Version) This Custom Network Solutions Basic Agreement ("Agreement") is made between Sprint Solutions, Inc., as contracting agent on behalf of the applicable Sprint affiliated entities providing wireless telecommunications equipment and services ("Sprint") and City of La Quints ("Customer"). BACKGROUND A. Customer owns, leases, subleases, licenses or uses real property including all or a portion of the building(s) located at the following address(s): 44-555 Adams Street La Quints, CA 92253 (the "Premises"). B. Customer is a state or local government entity or agency. Sprint defines "government entities and agencies" as those entities that receive their primary funding support through the allocation of appropriated public funds and are entitled to exercise sovereign rights and privileges. C. Sprint, through its affiliates, operates the Sprint (CDMA) National Network and the Nextel (iDEN) National Network to provide wireless telecommunications services in certain geographic areas of the United States (the "Services"). D. Customer is a party to, or is otherwise authorized to purchase Sprint Services under, one or more Sprint wireless agreements (collectively, the "Service Agreement") E. Customer desires that Sprint install, operate and maintain certain in -building wireless distribution equipment to enhance the coverage of Services at the Premises (the "Equipment"). Project ID & Project Name: EMBCA02260 - Riverside Fire La Quints Account Number(s): 538376318 AGREEMENT 1. TERM. The initial term of this Agreement will begin on the date the Agreement is signed by both parties (the "Effective Date") and continue for 2 years ("Initial Term"). Thereafter, this Agreement will automatically renew for successive renewal terns of 12 months (each a "Renewal Term") unless either party provides written notice to the other no less than 120 days before the expiration of the then -current Tenn of its intent not to enter Into a Renewal Term. The Initial Term and all Renewal Terms make up the "Term." 2. RESPONSIBILITIES OF CUSTOMER. 2.1 Commitment. In consideration of 50 Active Units currently on Customer's account with Sprint, Sprint will install, operate, and maintain the Equipment at the Premises as described in this Agreement. 2.2 Engineering and Connection. Customer will pay Sprint an engineering and connection fee of $0.00 within 30 days following the Effective Date. 3. LICENSE AND USE. Customer grants Sprint a license to install, operate, maintain and remove the Equipment at the Premises. Sprint may replace, modify and upgrade the Equipment as appropriate. Sprint will use the Premises in a manner that will not unreasonably disturb Customer's occupancy. Customer will provide Sprint with escorted access to the Premises during Customer's normal business hours and at other times as agreed by the parties. Customer will provide Sprint with a contact telephone number to call 24 hours a day, 7 days a week to arrange for emergency access to the Premises. Sprint will retain exclusive ownership of the Equipment at all times. Sprint will have no obligation to Install, operate or maintain the Equipment at any Customer facilities other than the Premises. 4. CUSTOMER REPRESENTATIONS. Customer has the right to enter into this Agreement and the authority to grant Sprint the access and license to use the Premises. Customer has obtained or will obtain all necessary permission, consent and approvals required for installation, operation and maintenance of the Equipment. Customer represents that the Premises and all improvements are in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities applicable to Customer's and Sprint's use of the Premises. 5. RIGHT TO REMOVE EQUIPMENT. 5.1 Within 60 days following the expiration or termination of this Agreement, unless otherwise agreed to in writing by the parties, or as otherwise required by applicable law or regulation, Sprint may enter the Premises without recourse to legal proceedings, and remove and take possession of the Equipment Sprint may, at its option, remove any cabling that is connected to or a part of the Equipment. Upon removal of the Equipment, Sprint will restore the Premises to substantially its original condition at the beginning of this Agreement, except for ordinary wear and tear. 5.2 Customer will give Sprint at least 90 days advance written notice of Customer's intent to vacate the Premises and Sprint will have the right to remove the Equipment at any time following receipt of Customer's notice. S. ASSIGNMENT. Each party may assign this Agreement to its subsidiaries, affiliates, successor legal entities, or to any entity acquiring all or substantially all of its assets. This Agreement may not otherwise be assigned by either party without the other party's prior written consent, which consent may not be unreasonably conditioned, withheld or delayed. 7. UTILITIES. Customer, at its expense, will provide Sprint with electrical service for immediate hook-up as required for installation and operation of the Equipment. Customer agrees that Sprint's obligation to install, operate and maintain the Equipment is contingent on access to appropriate utilities, including electrical service and a T-1 telecommunications line, at the Premises during Template R267969v1 SPRINT CONFIDENTIAL AND PROPRIETARY INFORMATION Template Rev. May-07 the Tenn. Sprint will be responsible for the monthly recurring cost of telecommunications service provided via any T-1 telecommunications lines required for the Equipment. 8. INTERFERENCE. 8.1 Sprint will use commercially reasonable efforts to prevent and resolve interference with Customer's equipment and systems in operation at the Premises as of the Effective Date to the extent the interference is caused by the Equipment. Sprint may discontinue operation of the Equipment until the interference is corrected or eliminated. 8.2 After installation of the Equipment, if other equipment is installed with Customer's knowledge and consent that causes interference with the Service or the Equipment or operations, the parties will negotiate in good faith to develop and implement commercially reasonable means to mitigate and eliminate the interference. If the parties are unable to agree on and implement a commercially reasonable solution, Sprint may terminate this Agreement. Sprint is not liable for Service interruptions due to interference created by Customer's or any third party's equipment. Customer will continue to be liable for Service charges during the period of interference -based Service interruptions. 8. INSURANCE. During the Term, Sprint will obtain and maintain General Liability Insurance (Broad Form Liability Endorsement) on an occurrence basis with a minimum combined single limit for Personal Injury, Property Loss and Damage, Contractual and Independent Contractor of not less than $1,000,000.00 per occurrence. The policies for the General Liability insurance coverage will be primary and noncontributory to any similar insurance and/or self-insurance that Sprint maintains and will name Customer as an additional insured. All insurance policies shall be issued by companies licensed or authorized to transact business in the state where the Premises is located and who hold a current rating of not less than A-, VII according to A.M. Best. Sprint will provide Customer with certificates of insurance or such other documentary evidence of insurance coverage, such as an Internet accessible Memorandum of Insurance. Sprint will provide that Customer be given not less than 30 days prior written notice of any intended cancellation of the policies. 10. TERMINATION. 10.1 Sprint may terminate this Agreement as follows. A. before or during installation of the Equipment with at least 10 days written notice, if Sprint encounters unanticipated site conditions that were not apparent during Sprint's site survey(s) of the Premises which result in a material increase in the installation cost to Sprint or have an adverse impact on Sprint's cost or ability to install, operate and maintain the Equipment; B. by sending written notice to Customer if the Equipment causes signal interference in accordance with Section 8 that cannot be cured through the use of commercially reasonable efforts; C. if Sprint is unable to access and use the Equipment or the Premises due to an action of the FCC or, if after commercially reasonable efforts, Sprint cannot obtain or maintain any license, permit or other approval required for Sprint's installation, operation and maintenance of the Equipment; D. for its convenience with 60 days advance written notice to Customer; or E. if Customer materially defaults in the performance of any duties or obligations under this Agreement and such default is not cured within 30 days after Customer's receipt of Sprint's written notice specifying such default 10.2 Customer may terminate this Agreement as follows: A. for its convenience with at least 60 days advance written notice to Sprint; B. if Sprint materially defaults in the performance of any of its duties or obligations under this Agreement, and such default is not substantially cured within 30 days after Sprint's receipt of written notice specifying such default or C. if Customer cannot fulfill the Purchase Commitment due solely to a lack or loss of sufficient annual appropriations for the Service Agreement. 11. MAINTENANCE. Sprint will repair and maintain the Equipment and any other improvements installed by Sprint at the Premises in a good operating and reasonably safe condition; provided, however, if any repair or maintenance is required due to the negligent or intentional acts or omissions of Customer, its agents or employees or contractors, Customer will promptly reimburse Sprint for the reasonable costs incurred by Sprint to restore the damaged Equipment to operational condition. Customer will maintain and repair all other portions of the Premises in proper operating and safe condition. 12. LIMITATIONS AND CONDITION OF LIABILITY. 12.1 Sprint does not assume and will have no liability under this Agreement for failure to install the Equipment within a specified time period or for unavailability or non -operation of the Equipment. 12.2 SPRINT'S SOLE LIABILITY FOR SERVICE DISRUPTION RESULTING FROM THE UNAVAILABILITY OR NON - OPERATION OF THE EQUIPMENT, REGARDLESS OF CAUSE, IS LIMITED TO THE APPLICABLE REMEDIES AND SUBJECT TO LIMITATIONS PROVIDED UNDER THE SERVICE AGREEMENT. 12.3 IN NO EVENT IS EITHER PARTY LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, COST OF COVER, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR COST OF REPROCUREMENT. 12.4 NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, SPRINT'S CUMULATIVE LIABILITY FOR ANY CLAIMS OR LIABILITIES ARISING FROM, OR CAUSED BY, ANY CASUALTY OR HAZARD SUBJECT TO SPRINT'S Template A287969v1 SPRINT CONFIDENTIAL AND PROPRIETARY INFORMATION Template Rev. May-07 REQUIRED INSURANCE POLICIES WILL NOT EXCEED THE MINIMUM COVERAGES STATED IN THIS AGREEMENT. SPRINT'S CUMULATIVE MONETARY LIABILITY FOR ALL OTHER CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $50,000.00. 13. INDEMNITY. 13.1 Sprint will indemnify and defend Customer, its directors, officers, employees, agents and their successors against all third party claims for damages, losses, liabilities or expenses, including reasonable attorney's fees CClalma°) arising directly from the performance of this Agreement and relating to personal injury, death, or damage to real or tangible personal property that is alleged to have resulted, in whole or in part, from the negligence or willful misconduct of Sprint or its subcontractors, directors, officers, employees or authorized agents, but excluding Claims arising from or relating to disruption of the Services. 13.2 To be indemnified, Customer must give Sprint timely written notice of the claim, give Sprint full and complete authority, information and assistance for the claim's defense and settlement, and not materially prejudice Sprint's ability to satisfactorily defend or settle the claim. Sprint will retain the right, at its option, to settle or defend the claim, at its own expense and with its own counsel. Customer will have the right, at its option, to participate in the settlement or defense of the claim, with its own counsel and at its own expense, but Sprint will retain sole control of the claim's settlement or defense. 14. NOTICES. All notices must be in writing and are effective only when deposited in the U.S. mail, certified and postage prepaid or when sent via overnight delivery. Notices to Sprint will be sent to: Sprint Solutions, Inc., cto Vice President Custom Network Solutions, 2003 Edmund Halley Drive, Reston, VA 20191, with copies to Sprint Solutions, Inc., Legal Department Go Director — Public Sector, 2001 Edmund Halley Drive, Va 20191. Notices to Customer will be sent to the Customer representative below. Notice addresses may be changed by giving notice as provided in this Section. 16. MISCELLANEOUS. This Agreement is governed by the laws of the state in which the Premises are located, without regard to its choice of law principles. This Agreement, including any Exhibits, constitutes the entire agreement between the Parties with respect to the Equipment and supersedes all prior written and verbal agreements, representations, promises or understandings between the Parties regarding the Equipment. Any amendments to this Agreement must be In writing and executed by both Parties. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of that provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. No waiver by either Party of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement. 16. OFFER EXPIRATION. To become effective, this Agreement must be (a) signed by an authorized Customer representative; (b) delivered to Sprint on or before September 30, 2008; and (c) signed by a Sprint officer or authorized designee. Each Party has caused this Agreement to be executed by its authorized representative. SPRINT SOLUTIONS, INC. --7 L�s� manta Signature b A,(\ t4 Name 4)//%-Zi7 Title 9/iF�ok Date {moo Q IPY l �b 4 A 6"„A.77oa1 cI Address for Notices Template #287969v1 SPRINT CONFIDENTIAL AND PROPRIETARY INFORMATION Template Rev. May-07