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Technical Contact On Site (Yes/No)
Email:
Cell:
Address 2:
CUSTOMER INFORMATION
The Customer referenced above may submit Sales Orders to Comcast during the Term of this Agreement (“MSA Term”). After
the expiration of the initial MSA Term, Comcast may continue to accept Sales Orders from Customer under the Agreement, or
require the parties to execute a new MSA.
Primary Contact Address Information
Fax:
MSA ID#:
Primary Contact:
Services are only available to commercial customers in wired and serviceable areas in participating Comcast systems (and may
not be transferred). Minimum Service Terms are required for most Services and early termination fees may apply. Service
Terms are identified in each Sales Orders, and early termination fees are identified in the applicable Product Specific
Attachments.
Phone:
The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and
PSAs are located at https://business.comcast.com/terms-conditions-ent (or any successor URL).Use of the Services is also
subject to the High-Speed Internet for Business Acceptable Use Policy (“AUP”) located at
http://business.comcast.com/customer-notifications/acceptable-use-policy (or any successor URL), and the High-Speed Internet
for Business Privacy Policy (Privacy Policy”) located at http://business.comcast.com/customer-notifications/customer-privacy-
statement (or any successor URL). Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy
from time to time upon posting to the Comcast website.
Title:
Customer Name:
State:
Zip Code:
Address 1:
BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
MSA Term:
This Master Service Agreement ("Agreement") sets forth the terms and conditions under which Comcast Cable Communications
Management, LLC and its operating affiliates (“Comcast”) will provide communications and other services (“Services”) to the
above Customer. The Agreement consists of this fully executed Master Service Agreement Cover Page (“Cover Page”), the
Enterprise Services General Terms and Conditions (“General Terms and Conditions”), any written amendments to the
Agreement executed by both parties ("Amendments"), the Product-Specific Attachment for the applicable Services (“PSA(s)”)
and each Sales Order accepted hereunder (“Sales Orders”). In the event of any inconsistency among these documents,
precedence will be as follows: (1) this Cover Page, (2) General Terms and Conditions, (3) PSA(s) and (4) Sales Orders. This
Agreement shall be legally binding when signed by both parties and shall continue in effect until the expiration date of any
Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the
Agreement.
City:
Signature:
COMCAST USE ONLY (by authorized representative)
Date:
CUSTOMER SIGNATURE (by authorized representative)
Date:
Title:
Name:
Signature:
Name:
Title:
Sales Rep:
Sales Rep Email:
Region:
Division:
MN-5060506-KCarso
steven_urquhart@cable.comcast.com
MN
City of Columbia Heights
55421
West
590 40th Acenue NE
60 months
is@ci.columbia-heights.mn.us
Columbia Heights
IS Director
(763) 706-3638
Steven Urquhart
Aleksandr Chernin
All West Regions
COMCAST ENTERPRISE SERVICES
GENERAL TERMS AND CONDITIONS
VERSION: 1.3
DEFINITIONS
Affiliate: Any entity that controls, is controlled by or is under
common control with Comcast.
Agreement, Enterprise Services Master Services
Agreement or MSA: Consists of the Enterprise Master
Services Agreement Cover Page executed by the Customer and
accepted by Comcast, these Enterprise Services General Terms
and Conditions (“General Terms and Conditions”), the then
current Product-Specific Attachment for each ordered Service
(“PSA”), any written amendments to the Agreement executed
by both Parties including any supplemental terms and
conditions ("Amendment(s)"), and each Sales Order accepted
by Comcast under the Agreement.
Amendment(s): Any written amendment to the Agreement,
executed by both Parties, including any supplemental terms and
conditions.
Comcast: The operating company affiliate or subsidiary of
Comcast Cable Communications Management, LLC that
provides the Services under the Enterprise Services Master
Service Agreement. References to Comcast in the Limitation of
Liability, Disclaimer of Warranties and Indemnification
Articles shall also include its directors, officers, employees,
agents, Affiliates, suppliers, licensors, successors, and assigns,
as the case may be.
Comcast Website or Website: The Comcast website where the
General Terms and Conditions, PSAs and other Comcast
security and privacy policies applicable to the Agreement will
be posted. The current URL for the Website is
http://business.comcast.com/enterprise-terms-of-service.
Comcast may update the Website documents and/or URL from
time to time.
Comcast Equipment: Any and all facilities, equipment or
devices provided by Comcast or its authorized contractors at the
Service Location(s) that are used to deliver any of the Services
including, but not limited to, all terminals, wires, modems,
lines, circuits, ports, routers, gateways, switches, channel
service units, data service units, cabinets, and racks.
Notwithstanding the above, inside telephone wiring within the
Service Location, whether or not installed by Comcast, shall not
be considered Comcast Equipment.
Confidential Information: All information regarding either
Party’s business which has been marked or is otherwise
communicated as being “proprietary” or “confidential.” or
which reasonably should be known by the receiving party to be
proprietary or confidential information. Without limiting the
generality of the foregoing, Confidential Information shall
include, even if not marked, the Agreement, all Licensed
Software, promotional materials, proposals, quotes, rate
information, discount information, subscriber information,
network upgrade information and schedules, network operation
information (including without limitation information about
outages and planned maintenance) and invoices, as well as the
Parties’ communications regarding such items.
Customer: The company, corporation, or other entity named
on the Enterprise Services Master Service Agreement Cover
Page and a Sales Order.
Customer-Provided Equipment (CE): Any and all facilities,
equipment or devices supplied by Customer for use in
connection with the Services.
Demarcation Point: The point of interconnection between the
Network and Customer’s provided equipment located at a
Service Location. In some cases the Demarcation Point shall be
the User to Network Interface (UNI) port on Comcast
Equipment at a Service Location.
General Terms and Conditions: These Enterprise Services
General Terms and Conditions.
Licensed Software: Computer software or code provided by
Comcast or required to use the Services, including without
limitation, associated documentation, and all updates thereto.
Network: Consists of the Comcast Equipment, facilities, fiber
optic cable associated with electronics and other equipment
used to provide the Services.
Party: A reference to Comcast or the Customer; and in the
plural, a reference to both companies.
Product Specific Attachment(s) (PSA): The additional terms
and conditions applicable to Services ordered by Customer
under the Agreement.
Revenue Commitment: A commitment by Customer to
purchase a minimum volume of Service during an agreed term,
as set forth in a Sales Order.
Sales Order: A request for Comcast to provide the Services to
a Service Location(s) submitted by Customer to Comcast (a) on
a then-current Comcast form designated for that purpose or (b)
if available, through a Comcast electronic order processing
system designated for that purpose.
Service(s): A service provided by Comcast pursuant to a Sales
Order. All Services provided under the Agreement are for
commercial, non-residential use only. Services available under
this Agreement are identified on the Website.
Service Commencement Date: The date(s) on which Comcast
first makes Service available for use by Customer. A single
Sales Order containing multiple Service Locations or Services
may have multiple Service Commencement Dates.
Service Location(s): The Customer location(s) where Comcast
provides the Services, to the extent the Customer owns, leases,
Enterprise Services General Terms and Conditions Ver.1.3
or otherwise controls such location(s). For multi-tenant
buildings, Service Location shall be limited to the Customer’s
leased and/or owned business space.
Service Term: The duration of time (commencing on the
Service Commencement Date) for which Services are ordered,
as specified in a Sales Order.
Tariff: A federal or state Comcast tariff and the successor
documents of general applicability that replace such tariff in the
event of detariffing.
Termination Charges: Charges that may be imposed by
Comcast if, prior to the end of the applicable Service Term (a)
Comcast terminates Services for cause or (b) Customer
terminates Services without cause. Termination Charges are as
set forth in each PSA, and are in addition to any other rights and
remedies under the Agreement.
ARTICLE 1. CHANGES TO THE AGREEMENT TERMS
Comcast may change or modify the Agreement, and any related
policies from time to time (“Revisions”) by posting such
Revisions to the Comcast Website. The Revisions are effective
upon posting to the Website. Customer will receive notice of
the Revisions in the next applicable monthly invoice. Customer
shall have thirty (30) calendar days from the invoice notice of
such Revisions to provide Comcast with written notice that the
Revisions adversely affect Customer’s use of the Service(s). If
after such notice Comcast is able to verify such adverse effect
but is unable to reasonably mitigate the Revision’s impact on
such Services, then Customer may terminate the impacted
Service(s) without further obligation to Comcast beyond the
termination date, including Termination Charges, if any. This
shall be Customer’s sole and exclusive remedy.
ARTICLE 2. DELIVERY OF SERVICE
2.1 Orders. Customer shall submit to Comcast a properly
completed Sales Order to initiate Service to a Service
Location(s). A Sales Order shall become binding on the Parties
when (i) it is specifically accepted by Comcast either
electronically or in writing, (ii) Comcast begins providing the
Service described in the Sales Order or (iii) Comcast begins
installation or construction for delivery of the Services
described in the Sales Order, whichever is earlier. When a Sales
Order becomes effective it shall be deemed part of, and shall be
subject to, the Agreement.
2.2 Access. In order to deliver certain Services to
Customer, Comcast may require access, right-of-way, conduit,
and/or common room space (“Access”), both within and/or
outside each Service Location. Customer shall provide an
adequate environmentally controlled space and such electricity
as may be required for installation, operation, and maintenance
of the Comcast Equipment used to provide the Services within
the Service Location(s). Customer shall be responsible for
securing, and maintaining on an initial and ongoing basis during
the applicable Service Term and/or Renewal Term, such Access
within each Service Location unless Comcast has secured such
access prior to this Agreement. In the event that Customer, fails
to secure or maintain such Access within a particular Service
Location, Comcast may cancel or terminate Service at such
particular Service Location, without further liability, upon
written notice to Customer. In such event, if Comcast has
incurred any costs or expense in installing or preparing to install
the Service that it otherwise would not have incurred, a charge
equal to those costs and expenses shall apply to Customer’s
final invoice for that particular Service Location. If Comcast is
unable to secure or maintain Access outside a particular Service
Location, which Access is needed to provide Services to such
Service Location, Customer or Comcast may cancel or
terminate Service at such particular Service Location, without
further liability beyond the termination date, upon a minimum
thirty (30) days’ prior written notice to the other party. In such
event, if Comcast has incurred any costs or expense in installing
or preparing to install the Service that it otherwise would not
have incurred, Comcast shall be responsible for such costs or
expenses. Any other failure on the part of Customer to be ready
to receive Service, or any refusal on the part of Customer to
receive Service, shall not relieve Customer of its obligation to
pay charges for any Service that is otherwise available for use.
2.3 Hazardous Materials. If the presence of asbestos or
other hazardous materials exists or is detected at a Service
Location or within the building where the Service Location is
located, Comcast may immediately stop providing Services
until such a time as such materials are removed. Alternatively
Customer may notify Comcast to install the applicable portion
of the Service in areas of any such Service Location not
containing such hazardous material. Any additional expense
incurred by Comcast as a result of encountering hazardous
materials, including but not limited to, any additional
equipment shall be borne by Customer. Customer shall use
reasonable efforts to maintain its property and Service
Locations in a manner that preserves the integrity of the
Services.
2.4 Comcast Equipment. At any time Comcast may
remove or change Comcast Equipment in its sole discretion in
connection with providing the Services. Customer shall not
move, rearrange, disconnect, remove, attempt to repair, or
otherwise tamper with any Comcast Equipment or permit others
to do so, and shall not use the Comcast Equipment for any
purpose other than that authorized by the Agreement. Comcast
shall maintain Comcast Equipment in good operating condition
during the term of this Agreement; provided, however, that such
maintenance shall be at Comcast’s expense only to the extent
that it is related to and/or resulting from the ordinary and proper
use of the Comcast Equipment. Customer is responsible for
damage to, or loss of, Comcast Equipment caused by its acts or
omissions, and its noncompliance with this Article, or by fire,
theft or other casualty at the Service Location(s), unless caused
by the gross negligence or willful misconduct of Comcast.
2.5 Ownership, Impairment and Removal of Network,
The Network is and shall remain the property of Comcast
regardless of whether installed within or upon the Service
Enterprise Services General Terms and Conditions Ver.1.3
Location(s) and whether installed overhead, above, or
underground and shall not be considered a fixture or an addition
to the land or the Service Location(s) located thereon. Customer
agrees that it shall take no action that directly or indirectly
impairs Comcast’s title to the Network, or any portion thereof,
or exposes Comcast to any claim, lien, encumbrance, or legal
process, except as otherwise agreed in writing by the Parties.
Nothing in this Agreement shall preclude Comcast from using
the Network for services provided to other Comcast customers.
For a period of twelve (12) months following Comcast’s
discontinuance of Service to the Service Location(s), Comcast
retains the right to remove the Network including, but not
limited to, that portion of the Network that is located in the
Service Location. To the extent Comcast removes such portion
of the Network it shall be responsible for returning the Service
Location(s) to its prior condition, reasonable wear and tear
excepted.
2.6 Customer-Provided Equipment (“CE”). Comcast
shall have no obligation to install, operate, or maintain CE.
Customer shall have sole responsibility for providing
maintenance, repair, operation and replacement of all CE,
inside telephone wiring and other Customer equipment and
facilities on the Customer’s side of the Demarcation Point.
Neither Comcast nor its employees, Affiliates, agents or
contractors will be liable for any damage, loss, or destruction to
CE, unless caused by the gross negligence or willful
misconduct of Comcast. CE shall at all times be compatible
with the Network as determined by Comcast in its sole
discretion. In addition to any other service charges that may be
imposed from time to time, Customer shall be responsible for
the payment of service charges for visits by Comcast’s
employees or agents to a Service Location when the service
difficulty or trouble report results from the use of CE or
facilities provided by any party other than Comcast.
2.7 Engineering Review. Each Sales Order submitted by
Customer may be subject to an engineering review. The
engineering review will determine whether and to what extent
the Network must be extended, built or upgraded (”Custom
Installation”) in order to provide the ordered Services at the
requested Service Location(s). Comcast will provide Customer
written notification in the event Service installation at any
Service Location will require an additional non-recurring
installation fee (“Custom Installation Fee”). Custom
Installation Fees may also be referred to as Construction
Charges on a Sales Order or Invoice. Customer will have five
(5) days from receipt of such notice to reject the Custom
Installation Fee and terminate, without further liability, the
Sales Order with respect to the affected Service Location(s).
For certain Services, the Engineering Review will be conducted
prior to Sales Order submission. In such case, Customer will
have accepted the designated Custom Installation Fee upon
submission of the applicable Sales Order.
2.8 Service Acceptance. Except as may otherwise be
identified in the applicable PSA, the Service Commencement
Date shall be the date Comcast completes installation and
connection of the necessary facilities and equipment to provide
the Service at a Service Location.
2.9 Administrative Website. Comcast may furnish
Customer with one or more user identifications and/or
passwords for use on the Administrative Website. Customer
shall be responsible for the confidentiality and use of such user
identifications and/or passwords and shall immediately notify
Comcast if there has been an unauthorized release, use or other
compromise of any user identification or password. In addition,
Customer agrees that its authorized users shall keep
confidential and not distribute any information or other
materials made available by the Administrative Website.
Customer shall be solely responsible for all use of the
Administrative Website, and Comcast shall be entitled to rely
on all Customer uses of and submissions to the Administrative
Website as authorized by Customer. Comcast shall not be liable
for any loss, cost, expense or other liability arising out of any
Customer use of the Administrative Website or any information
on the Administrative Website. Comcast may change or
discontinue the Administrative Website, or Customer’s right to
use the Administrative Website, at any time. Additional terms
and policies may apply to Customer’s use of the Administrative
Website. These terms and policies will be posted on the site.
ARTICLE 3. BILLING AND PAYMENT
3.1 Charges. Except as otherwise provided in the
applicable PSA, Customer shall pay Comcast one hundred
percent (100%) of the Custom Installation Fee prior to the
installation of Service. Customer further agrees to pay all
charges associated with the Services, as set forth or referenced
in the applicable PSA, Sales Order(s) or invoice from Comcast.
These charges may include, but are not limited to standard and
custom non-recurring installation charges, monthly recurring
service charges, usage charges including without limitation
charges for the use of Comcast Equipment, per-call charges,
pay-per-view charges, charges for service calls, maintenance
and repair charges, and applicable federal, state, and local taxes,
fees, surcharges and recoupments (however designated). Some
Services such as measured and per-call charges, pay-per-view
movies or events, and interactive television (as explained in the
applicable PSA) may be invoiced after the Service has been
provided to Customer. Except as otherwise indicated herein or
in the applicable PSA(s) monthly recurring charges for
Ethernet, Video and Internet Services that are identified on a
Sales Order shall not increase during the Service Term. Except
as otherwise indicated herein or in the Sales Order(s), Voice
Service pricing, charges and fees can be found in the applicable
PSA.
3.2 Third-Party Charges. Customer may incur charges
from third party service providers that are separate and apart
from, or based on the amounts charged by Comcast. These may
include, without limitation, charges resulting from wireless
services including roaming charges, accessing on-line services,
calls to parties who charge for their telephone based services,
purchasing or subscribing to other offerings via the Internet or
interactive options on certain Video services, or otherwise.
Enterprise Services General Terms and Conditions Ver.1.3
Customer agrees that all such charges, includi ng all applicable
taxes, are Customer’s sole responsibility. In addition, Customer
is solely responsible for protecting the security of credit card
information provided to others in connection with such
transactions.
3.3 Payment of Bills. Except as otherwise indicated
herein or in a PSA, Comcast will invoice Customer in advance
on a monthly basis for all monthly recurring charges and fees
arising under the Agreement. All other charges will be billed
monthly in arrears, including without limitation certai n usage
based charges and third party pass through fees. Payment is due
upon presentation of an invoice. Payment will be considered
timely made to Comcast if received within thirty (30) days after
the invoice date. Any charges not paid to Comcast within such
period will be considered past due. If a Service Commencement
Date is not the first day of a billing period, Customer’s first
monthly invoice shall include any pro-rated charges for the
Services, from the date of installation to the start of the next
billing period. In certain cases, Comcast may agree to provide
billing services on behalf of third parties, as the agent of the
third party. Any such third-party charges shall be payable
pursuant to any contract or other arrangement between the third
party and Customer and/or Comcast. Comcast shall not be
responsible for any dispute regarding these charges between
Customer and such third party. Customer must address all such
disputes directly with the third party.
3.4 Partial Payment. Partial payment of any bill will be
applied to the Customer’s outstanding charges in amounts and
proportions solely determined by Comcast. No acceptance of
partial payment(s) by Comcast shall constitute a waiver of any
rights to collect the full balance owed under the Agreement.
3.5 Credit Approval and Deposits. Initial and ongoing
delivery of Services may be subject to credit approval.
Customer shall provide Comcast with credit information
requested by Comcast. Customer authorizes Comcast to make
inquiries and to receive information about Customer’s credit
history from others and to enter this information in Customer’s
records. Customer represents and warrants that all credit
information that it provides to Comcast will be true and correct.
Comcast, in its sole discretion, may deny the Services based
upon an unsatisfactory credit history. Additionally, subject to
applicable regulations, Comcast may require Customer to make
a deposit (in an amount not to exceed an estimated two months
charge for the Services) as a condition to Comcast’s provision
of the Services, or as a condition to Comcast’s continuation of
the Services. The deposit will not, unless explicitly required by
law, bear interest and shall be held by Comcast as security for
payment of Customer's charges. Comcast may apply the deposit
to any delinquent Customer charges upon written notice to
Customer. If Comcast uses any or all of the deposit to pay an
account delinquency, Customer will replenish the deposit by
that amount within five (5) days of its receipt of written notice
from Comcast. If the provision of Service to Customer is
terminated, or if Comcast determines in its sole discretion that
such deposit is no longer necessary, then the amount of the
deposit (plus any required deposit interest) will be credited to
Customer's account or will be refunded to Customer, as
determined by Comcast.
3.6 Taxes and Fees. Except to the extent Customer
provides a valid tax exemption certificate prior to the delivery
of Service, Customer shall be responsible for the payment of
any and all applicable local, state, and federal taxes or fees
(however designated). Customer also will be responsible to pay
any Service fees, payment obligations and taxes that become
applicable retroactively.
3.7 Other Government-Related Costs and Fees.
Comcast reserves the right to invoice Customer for any fees or
payment obligations in connection with the Services imposed
by governmental or quasi-governmental bodies in connection
with the sale, installation, use, or provision of the Services,
including, without limitation, applicable franchise fees, right of
way fees and Universal Service Fund charges (if any),
regardless of whether Comcast or its Affiliates pay the fees
directly or are required by an order, rule, or regulation of a
taxing jurisdiction to collect them from Customer. Taxes and
other government-related fees and surcharges may be changed
with or without notice, In the event that any newly adopted law,
rule, regulation or judgment increases Comcast’s costs of
providing Services, Customer shall pay Comcast’s additional
costs of providing Services under the new law, rule, regulation
or judgment.
3.8 Disputed Invoice. If Customer disputes any portion
of an invoice, Customer must pay fifty percent (50%) of the
disputed charges, in addition to the undisputed portion of the
invoice and submit a written claim, including all substantiating
documentation, to Comcast for the disputed amount of the
invoice by the invoice due date. The Parties shall negotiate in
good faith to resolve any billing dispute. Comcast will
refund/credit all valid disputes resolved in Customer’s favor as
of the date the disputed charges first appeared on the
Customer’s invoice. Under no circumstances may Customer
submit a billing dispute to Comcast later than ninety (90) days
following Customer’s receipt of the applicable invoice.
3.9 Past-Due Amounts. Any payment not made when
due will be subject to a late charge of 1.5% per month or the
highest rate allowed by law on the unpaid invoice, whichever is
lower. If Customer’s account is delinquent, Comcast may refer
the account to a collection agency or attorney that may pursue
collection of the past due amount and/or any Comcast
Equipment which Customer fails to return in accordance with
the Agreement. If Comcast is required to use a collection
agency or attorney to collect any amount owed by Customer or
any unreturned Comcast Equipment, Customer agrees to pay all
reasonable costs of collection or other action. The remedies set
forth herein are in addition to and not in limitation of any other
rights and remedies available to Comcast under the Agreement
or at law or in equity.
3.10 Rejected Payments. Except to the extent otherwise
prohibited by law, Customer will be assessed a service charge
up to the full amount permitted under applicable law for any
Enterprise Services General Terms and Conditions Ver.1.3
check or other instrument used to pay for the Services that has
been rejected by the bank or other financial institution.
3.11 Fraudulent Use of Services. Customer is responsible
for all charges attributable to Customer with respect to the
Service(s), even if incurred as the result of fraudulent or
unauthorized use of the Service. Comcast may, but is not
obligated to, detect or report unauthorized or fraudulent use of
Services to Customer. Comcast reserves the right to restrict,
suspend or discontinue providing any Service in the event of
fraudulent use of Customer’s Service.
ARTICLE 4. TERM; REVENUE COMMITMENT
4.1 Agreement Term. Upon execution of the Agreement,
Customer shall be allowed to submit Sales Orders to Comcast
during the term referenced on the Master Service Agreement
Cover Page (“MSA Term”). After the expiration of the initial
MSA Term, Comcast may continue to accept Sales Orders from
Customer under the Agreement, or require the Parties to
execute a new agreement. This Agreement shall continue in
effect until the expiration or termination date of the last Sales
Order entered under the Agreement, unless terminated earlier in
accordance with the Agreement.
4.2 Sales Order Term/Revenue Commitment. The
applicable Service Term and Revenue Commitment (if any)
shall be set forth in the Sales Order. Unless otherwise stated in
these terms and conditions or the applicable PSA, if a Sales
Order does not specify a term of service, the Service Term shall
be one (1) year from the Service Commencement Date. In the
event Customer fails to satisfy a Revenue Commitment,
Customer will be billed a shortfall charge pursuant to the terms
of the applicable PSA.
4.3 Sales Order Renewal. Upon the expiration of the
Service Term, and unless otherwise agreed to by the Parties in
the Sales Order, each Sales Order shall automatically renew for
successive periods of one (1) year each (“Renewal Term(s)”),
unless otherwise stated in these terms and conditions or prior
written notice of non-renewal is delivered by either Party to the
other at least thirty (30) days before the expiration of the
Service Term or the then current Renewal Term. Effective at
any time after the end of the Service Term and from time to time
thereafter, Comcast may, modify the monthly recurring charges
for Ethernet, Internet and/or Video Services subject to thirty
(30) days prior written notice to Customer. Customer will have
thirty (30) days from receipt of such notice to cancel the
applicable Service without further liability. Should Customer
fail to cancel within this timeframe, Customer will be deemed
to have accepted the modified Service pricing.
ARTICLE 5. TERMINATION WITHOUT FAULT;
DEFAULT
5.1 Termination for Convenience. Notwithstanding any
other term or provision in this Agreement, Customer shall have
the right, in its sole discretion, to terminate any or all Sales
Order(s) at any time during the Service Term(s), upon thirty
(30) days prior written notice to Comcast and subject to
payment to Comcast of all outstanding amounts due for the
Services, any and all applicable Termination Charges, and the
return of all applicable Comcast Equipment. Comcast may
terminate the Agreement if Customer does not take any Service
under a Sales Order for twelve (12) consecutive months or
longer.
5.2 Termination for Cause. If either Party breaches any
material term of the Agreement, other than a payment term, and
the breach continues un-remedied for thirty (30) days after
written notice of default, the other Party may terminate for
cause any Sales Order materially affected by the breach. If
Customer is in breach of a payment obligation (including
failure to pay a required deposit) and fails to make payment in
full within ten (10) days after receipt of written notice of
default, Comcast may, at its option, terminate the Agreement,
terminate the affected Sales Orders, suspend Service under the
affected Sales Orders, and/or require a deposit, advance
payment, or other satisfactory assurances in connection with
any or all Sales Orders as a condition of continuing to provide
Service; except that Comcast will not take any such action as a
result of Customer’s non-payment of a charge subject to a
timely billing dispute, unless Comcast has reviewed the dispute
and determined in good faith that the charge is correct. A Sales
Order may be terminated by either Party immediately upon
written notice if the other Party has become insolvent or
involved in liquidation or termination of its business, or
adjudicated bankrupt, or been involved in an assignment for the
benefit of its creditors. Termination by either Party of a Sales
Order does not waive any other rights or remedie s that it may
have under this Agreement. The non-defaulting Party shall be
entitled to all available legal and equitable remedies for such
breach.
5.3 Effect of Expiration/Termination of a Sales Order.
Upon the expiration or termination of a Sales Order for any
reason:
A. Comcast shall disconnect the applicable Service;
B. Comcast may delete all applicable data, files,
electronic messages, or other information stored on Comcast’s
servers or systems;
C. If Customer has terminated the Sales Order prior to the
expiration of the Service Term for convenience, or if Comcast
has terminated the Sales Order prior to the expiration of the
Service Term as a result of material breach by Customer,
Comcast may assess and collect from Customer applicable
Termination Charges (if any);
D. Customer shall, permit Comcast to retrieve from the
applicable Service Location any and all Comcast Equipment.
If Customer fails to permit such retrieval or if the retrieved
Comcast Equipment has been damaged and/or destroyed other
than by Comcast or its agents, normal wear and tear excepted,
Comcast may invoice Customer for the manufacturer’s list
Enterprise Services General Terms and Conditions Ver.1.3
price of the relevant Comcast Equipment, or in the event of
minor damage to the retrieved Comcast Equipment, the cost of
repair, which amounts shall be immediately due and payable;
and
E. Customer’s right to use applicable Licensed Software
shall automatically terminate, and Customer shall be obligated
to return all Licensed Software to Comcast.
5.4 Resumption of Service. If a Service has been
discontinued by Comcast for cause and Customer requests that
the Service be restored, Comcast shall have the sole and
absolute discretion to restore such Service. At Comcast’s
option, deposits, advanced payments, nonrecurring charges,
and/or an extended Service Term may apply to restoration of
Service.
5.5 Regulatory and Legal Changes. The Parties
acknowledge that the respective rights and obligations of each
Party as set forth in this Agreement upon its execution are based
on applicable law and regulations as they exist on the date of
execution of this Agreement. The Parties agree that in the event
of any subsequent decision by a legislative, regulatory or
judicial body, including any regulatory or judicial order, rule,
regulation, decision in any arbitration or other dispute
resolution or other legal or regulatory action that materially
affects the provisions or ability to provide Services on
economic terms of the Agreement, Comcast may, by providing
written notice to the Customer, require that the affected
provisions of the Agreement be renegotiated in good faith. If
Customer refuses to enter such renegotiations, or the Parties
can’t reach resolution on new Agreement terms, Comcast may,
in its sole discretion, terminate this Agreement, in whole or in
part, upon sixty (60) days written notice to Customer.
ARTICLE 6. LIMITATION OF LIABILITY;
DISCLAIMER OF WARRANTIES; WARNINGS
6.1 Limitation of Liability.
A. THE AGGREGATE LIABILITY OF COMCAST
FOR ANY AND ALL LOSSES, DAMAGES AND CAUSES
ARISING OUT OF THE AGREEMENT, INCLUDING,
BUT NOT LIMITED TO, THE PERFORMANCE OF
SERVICE, AND NOT OTHERWISE LIMITED
HEREUNDER, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, SHALL NOT EXCEED DIRECT
DAMAGES EQUAL TO THE SUM TOTAL OF
PAYMENTS MADE BY CUSTOMER TO COMCAST
DURING THE THREE (3) M ONTHS IMMEDIATELY
PRECEDING THE EVENT FOR WHICH DAMAGES
ARE CLAIMED. THIS LIMITATION SHALL NOT
APPLY TO COMCAST’S INDEMNIFICATION
OBLIGATIONS AND CLAIMS FOR DAMAGE TO
PROPERTY AND/OR PERSONAL INJURIES
(INCLUDING DEATH) ARISING OUT OF THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF
COMCAST WHILE ON THE CUSTOMER SERVICE
LOCATION.
B. NEITHER PARTY SHALL BE LIABLE TO THE
OTHER FOR ANY INCIDENTAL, INDIRECT,
SPECIAL, COVER, PUNITIVE OR CONSEQUENTIAL
DAMAGES, WHETHER OR NOT FORESEEABLE, OF
ANY KIND INCLUDING BUT NOT LIMITED TO ANY
LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS,
OR LOSS OF PROFIT WHETHER SUCH ALLEGED
LIABILITY ARISES IN CONTRACT OR TORT
HOWEVER, THAT NOTHING HEREIN IS INTENDED
TO LIMIT CUSTOMER’S LIABILITY FOR AMOUNTS
OWED FOR THE SERVICES, FOR ANY EQUIPMENT
OR SOFTWARE PROVIDED BY COMCAST OR FOR
TERMINATION CHARGES.
6.2 Disclaimer of Warranties.
A. Services shall be provided pursuant to the terms and
conditions in the applicable PSA and Service Level Agreement,
and are in lieu of all other warranties, express, implied or
statutory, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose, title, and
non-infringement. TO THE MAXIMUM EXTENT
ALLOWED BY LAW, COMCAST EXPRESSLY
DISCLAIMS ALL SUCH EXPRESS, IMPLIED AND
STATUTORY WARRANTIES.
B. Without limiting the generality of the foregoing, and
except as otherwise identified in a PSA or Service Level
Agreement, Comcast does not warrant that the Services,
Comcast Equipment, or Licensed Software will be
uninterrupted, error-free, or free of latency or delay, or that the
Services, Comcast Equipment, or Licensed Software will meet
customer’s requirements, or that the Services, Comcast
Equipment, or Licensed Software will prevent unauthorized
access by third parties.
C. In no event shall Comcast, be liable for any loss,
damage or claim arising out of or related to: (i) stored,
transmitted, or recorded data, files, or software; (ii) any act or
omission of Customer, its users or third parties; (iii)
interoperability, interaction or interconnection of the Services
with applications, equipment, services or networks provided by
Customer or third parties; or (iv) loss or destruction of any
Customer hardware, software, files or data resulting from any
virus or other harmful feature or from any attempt to remove it.
Customer is advised to back up all data, files and software prior
to the installation of Service and at regular intervals thereafter.
6.3 Disruption of Service. Notwithstanding the
performance standards identified in a PSA, the Services are not
fail-safe and are not designed or intended for use in situations
requiring fail-safe performance or in which an error or
interruption in the Services could lead to severe injury to
business, persons, property or environment ("High Risk
Activities"). These High Risk Activities may include, without
limitation, vital business or personal communications, or
activities where absolutely accurate data or information is
required.
Enterprise Services General Terms and Conditions Ver.1.3
6.4 Customer’s sole and exclusive remedies are expressly
set forth in the Agreement. Certain of the above exclusions may
not apply if the state in which a Service is provided does not
allow the exclusion or limitation of implied warranties or does
not allow the limitation or exclusion of incidental or
consequential damages. In those states, the liability of Comcast
is limited to the maximum extent permitted by law.
ARTICLE 7. INDEMNIFICATION
7.1 Comcast’s Indemnification Obligations. Comcast
shall indemnify defend, and hold harmless Customer and its
parent company, affiliates, employees, directors, officers, and
agents from and against all claims, demands, actions, causes of
actions, damages, liabilities, losses, and expenses (includin g
reasonable attorneys’ fees) (“Claims”) incurred as a result of:
infringement of U.S. patent or copyright relating to the Comcast
Equipment or Comcast Licensed Software hereunder; damage
to tangible personal property or real property, and personal
injuries (including death) arising out of the gross negligence or
willful misconduct of Comcast while working on the Customer
Service Location.
7.2 Customer’s Indemnification Obligations. Customer
shall indemnify, defend, and hold harmless Comcast from any
and all Claims arising on account of or in connection with
Customer’s use or sharing of the Service provided under the
Agreement, including with respect to: libel, slander,
infringement of copyright, or unauthorized use of trademark,
trade name, or service mark arising out of communications via
the Service; for patent infringement arising from Customer’s
combining or connection of CE to use the Service; for damage
arising out of the gross negligence or willful misconduct of
Customer with respect to users of the Service.
7.3 Indemnification Procedures. The Indemnifying
Party agrees to defend the Indemnified Party for any loss,
injury, liability, claim or demand (“Actions”) that is the subject
of this Article 7. The Indemnified Party agrees to notify the
Indemnifying Party promptly, in writing, of any Actions,
threatened or actual, and to cooperate in every reasonable way
to facilitate the defense or settlement of such Actions. The
Indemnifying Party shall assume the defense of any Action with
counsel reasonably satisfactory to the Indemnified Party. The
Indemnified Party may employ its own counsel in any such
case, and shall pay such counsel’s fees and expenses. The
Indemnifying Party shall have the right to settle any claim for
which indemnification is available; provided, however, that to
the extent that such settlement requires the Indemnified Party
to take or refrain from taking any action or purports to obligate
the Indemnified Party, then the Indemnifying Party shall not
settle such claim without the prior written consent of the
Indemnified Party, which consent shall not be unreasonably
withheld, conditioned or delayed.
ARTICLE 8. SOFTWARE & SERVICES
8.1 License. If and to the extent that Customer requires
the use of Licensed Software in order to use the Service
supplied under any Sales Order, Customer shall have a
personal, nonexclusive, nontransferable, and limited license to
use such Licensed Software in object code only and solely to
the extent necessary to use the applicable Service during the
corresponding Service Term. All Licensed Software provided
to Customer, and each revised version thereof, is licensed (not
sold) to Customer by Comcast only for use in conjunction with
the Service. Customer may not claim title to, or an ownership
interest in, any Licensed Software (or any derivations or
improvements thereto), and Customer shall execute any
documentation reasonably required by Comcast, including,
without limitation, end-user license agreements for the
Licensed Software. Comcast and its suppliers shall retain
ownership of the Licensed Software, and no rights are granted
to Customer other than a license to use the Licensed Software
under the terms expressly set forth in this Agreement.
8.2 Restrictions. Customer agrees that it shall not: (i)
copy the Licensed Software (or any upgrades thereto or related
written materials) except for emergency back-up purposes or as
permitted by the express written consent of Comcast; (ii)
reverse engineer, decompile, or disassemble the Licensed
Software; (iii) sell, lease, license, or sublicense the Licensed
Software; or (iv) create, write, or develop any derivative
software or any other software program based on the Licensed
Software.
8.3 Updates. Customer acknowledges that the use of
Service may periodically require updates and/or changes to
certain Licensed Software resident in the Comcast Equipment
or CE. If Comcast has agreed to provide updates and changes,
such updates and changes may be performed remotely or on-
site by Comcast, at Comcast’s sole option. Customer hereby
consents to, and shall provide free access for, such updates
deemed reasonably necessary by Comcast. If Customer fails to
agree to such updates, Comcast will be excused from the
applicable Service Level Agreement and other performance
credits, and any and all liability and indemnification obligations
regarding the applicable Service.
8.4 Export Law and Regulation. Customer
acknowledges that any products, software, and technical
information (including, but not limited to, services and training)
provided pursuant to the Agreement may be subject to U.S.
export laws and regulations. Customer agrees that it will not use
distribute, transfer, or transmit the products, software, or
technical information (even if incorporated into other products)
except in compliance with U.S. export regulations. If requested
by Comcast, Customer also agrees to sign written assurances
and other export-related documents as may be required for
Comcast to comply with U.S. export regulations.
8.5 Ownership of Telephone Numbers and Addresses.
Customer acknowledges that use of certain Services does not
give it any ownership or other rights in any telephone number
or Internet/on-line addresses provided, including but not limited
to Internet Protocol (“IP”) addresses, e-mail addresses and web
addresses.
Enterprise Services General Terms and Conditions Ver.1.3
8.6 Intellectual Property Rights in the Services. Title
and intellectual property rights to the Services are owned b y
Comcast, its agents, suppliers or affiliates or their licensors or
otherwise by the owners of such material. The copying,
redistribution, bundling or publication of the Services, in whole
or in part, without express prior written consent from Comcast
or other owner of such material, is prohibited.
ARTICLE 9. CONFIDENTIAL INFORMATION AND
PRIVACY
9.1 Disclosure and Use. All Confidential Information
disclosed by either Party shall be kept by the receiving party in
strict confidence and shall not be disclosed to any third party
without the disclosing party’s express written consent.
Notwithstanding the foregoing, such information may be
disclosed (i) to the receiving party’s employees, affiliates, and
agents who have a need to know for the purpose of performing
under this Agreement, using the Services and rendering the
Services(provided that in all cases the receiving party shall take
appropriate measures prior to disclosure to its employees,
affiliates, and agents to assure against unauthorized use or
disclosure); or (ii) as otherwise authorized by this Agreement.
Each Party agrees to treat all Confidential Information of the
other in the same manner as it treats its own proprietary
information, but in no case using a degree of care less than a
reasonable degree of care.
9.2 Exceptions. Notwithstanding the foregoing, each
Party’s confidentiality obligations hereunder shall not apply to
information that: (i) is already known to the receiving party
without a pre-existing restriction as to disclosure; (ii) is or
becomes publicly available without fault of the receiving party;
(iii) is rightfully obtained by the receiving party from a third
party without restriction as to disclosure, or is approved for
release by written authorization of the disclosing party; (iv) is
developed independently by the receiving party without use of
the disclosing party’s Confidential Information; or (v) is
required to be disclosed by law or regulation.
9.3 Publicity. The Agreement provides no right to use
any Party’s or its affiliates’ trademarks, service marks, or trade
names, or to otherwise refer to the other Party in any marketing,
promotional, or advertising materials or activities. Neither
Party shall issue any publication or press release relating to, or
otherwise disclose the existence of, the terms and conditions of
any contractual relationship between Comcast and Customer,
except as permitted by the Agreement or otherwise consented
to in writing by the other Party.
9.4 Passwords. Comcast may furnish Customer with user
identifications and passwords for use in conjunction with
certain Services, including, without limitation, for access to
certain non-public Comcast website materials. Customer
understands and agrees that such information shall be subject to
Comcast’s access policies and procedures located on Comcast’s
Web Site.
9.5 Remedies. Notwithstanding any other Article of this
Agreement, the non-breaching Party shall be entitled to seek
equitable relief to protect its interests pursuant to this Article 9,
including, but not limited to, injunctive relief.
9.6 Monitoring of Services. Except as otherwise
expressly set forth in a PSA, Comcast assumes no obligation to
pre-screen or monitor Customer’s use of the Service, including
without limitation postings and/or transmission. However,
Customer acknowledges and agrees that Comcast and its agents
shall have the right to pre-screen and monitor such use from
time to time and to use and disclose such results to the extent
necessary to operate the Service properly, to ensure compliance
with applicable use policies, to protect the rights and/or
property of Comcast, or in emergencies when physical safety is
at issue, and that Comcast may disclose the same to the extent
necessary to satisfy any law, regulation, or governmental
request. Comcast shall have no liability or responsibility for
content received or distributed by Customer or its users through
the Service, and Customer shall indemnify, defend, and hold
Comcast and its directors, officers, employees, agents,
subsidiaries, affiliates, successors, and assigns harmless from
any and all claims, damages, and expenses whatsoever
(including reasonable attorneys’ fees) arising from such content
attributable to Customer or its users. For the avoidance of
doubt, the monitoring of data described in this Section 9.6 refers
to aggregate data and types of traffic (protocol,
upstream/downstream utilization, etc.). Comcast does not have
access to the content of encrypted data transmitted across
Comcast networks.
9.7 Survival of Confidentiality Obligations. The
obligations of confidentiality and limitation of use described in
this Article 9 shall survive the expiration and termination of the
Agreement for a period of two (2) years (or such longer period
as may be required by law).
ARTICLE 10. USE OF SERVICE; USE AND PRIVACY
POLICIES
10.1 Prohibited Uses and Comcast Use Policies.
Customer is prohibited from using, or permitting the use of, any
Service (i) for any purpose in violation of any law, rule,
regulation, or policy of any government authority; (ii) in
violation of any Use Policy (as defined below); (iii) for any use
as to which Customer has not obtained all required government
approvals, authorizations, licenses, consents, and permits; or
(iv) to interfere unreasonably with the use of Comcast service
by others or the operation of the Network. Customer is
responsible for assuring that any and all of its users comply with
the provisions of the Agreement. Comcast reserves the right to
act immediately and without notice to terminate or suspend the
Services and/or to remove from the Services any information
transmitted by or to Customer or users, if Comcast determines
that such use is prohibited as identified herein, or information
does not conform with the requirements set or Comcast
reasonably believes that such use or information may violate
any laws, regulations, or written and electronic instructions for
use. Furthermore, to the extent applicable, Services shall be
Enterprise Services General Terms and Conditions Ver.1.3
subject to Comcast’s acceptable use policies (“Use Policies”)
that may limit use. The Use Policies and other security policies
concerning the Services are posted on the Website, and are
incorporated into this Agreement by reference. Comcast may
update the Use Policies from time to time, and such updates
shall be deemed effective immediately upon posting, with or
without actual notice to Customer. Comcast’s action or
inaction in enforcing acceptable use shall not constitute review
or approval of Customer’s or any other users’ use or
information.
10.2 Privacy Policy. In addition to the provisions of Article
9, Comcast’s commercial privacy policy applies to Comcast’s
handling of Customer confidential information. Comcast’s
privacy policy is available on the Website.
10.3 Privacy Note Regarding Information Provided to
Third Parties. Comcast is not responsible for any information
provided by Customer to third parties. Such information is not
subject to the privacy provisions of this Agreement. Customer
assumes all privacy and other risks associated with providing
personally identifiable information to third parties via the
Services.
10.4 Prohibition on Resale. Customer may not sell, resell,
sublease, assign, license, sublicense, share, provide, or
otherwise utilize in conjunction with a third party (including,
without limitation, in any joint venture or as part of any
outsourcing activity) the Services or any component thereof.
10.5 Violation. Any breach of this Article 10 shall be
deemed a material breach of this Agreement. In the event of
such material breach, Comcast shall have the right to restrict,
suspend, or terminate immediately any or all Sales Orders,
without liability on the part of Comcast, and then to notify
Customer of the action that Comcast has taken and the reason
for such action, in addition to any and all other rights and
remedies under this Agreement.
ARTICLE 11. MISCELLANEOUS TERMS
11.1 Force Majeure. Neither Party (and in the case of
Comcast, Comcast affiliates and subsidiaries) shall be liable to
the other Party for any delay, failure in performance, loss, or
damage to the extent caused by force majeure conditions such
as acts of God, fire, explosion, power blackout, cable cut, acts
of regulatory or governmental agencies, unavailability of right-
of-way or materials, or other causes beyond the Party’s
reasonable control, except that Customer’s obligation to pay for
Services provided under the Agreement shall not be excused.
Changes in economic, business or competitive condition shall
not be considered force majeure events.
11.2 Assignment or Transfer. Customer shall not assign
any right, obligation or duty, in whole or in pa rt, nor of any
other interest hereunder, without the prior written consent of
Comcast, which shall not be unreasonably withheld. All
obligations and duties of either Party under this Agreement
shall be binding on all successors in interest and assigns of such
Party. Nothing herein is intended to limit Comcast’s use of
third-party consultants and contractors to perform Services
under a Sales Order.
11.3 Notices. Except as otherwise identified herein, any
notice sent pursuant to the Agreement shall be deemed given
and effective when sent by facsimile (confirmed by first -class
mail), or when delivered by overnight express or other express
delivery service, in each case as follows: (i) with respect to
Customer, to the address set forth on any Sales Order; or (ii)
with respect to Comcast, to: Vice President/Enterprise Sales,
One Comcast Center, 1701 JFK Blvd., Philadelphia, PA 19103,
with a copy to Cable Law Department, One Comcast Center,
50th Floor, 1701 JFK Blvd., Philadelphia, PA 19103. Each
Party shall notify the other Party in writing of any changes in
its address listed on any Sales Order. Alternatively, Customer
may send termination notice to Comcast through the Comcast
disconnection portal found at the following URL:
https://business.comcast.com/landingpage/disconnect.Comcast
may update the URL from time to time, and the updated URL
shall be deemed effective immediately upon posting, with or
without actual notice to Customer.
11.4 Entire Understanding. The Agreement, together
with any applicable Tariffs, constitutes the entire understanding
of the Parties related to the subject matter hereof. The
Agreement supersedes all prior agreements, proposals,
representations, statements, or understandings, whether written
or oral, concerning the Services or the Parties’ rights or
obligations relating to Services. Any prior representations,
promises, inducements, or statements of intent regarding the
Services that are not embodied in the Agreement are of no
effect. No subsequent agreement among the Parties concerning
Service shall be effective or binding unless it is made in writing
by authorized representatives of the Parties. Terms or
conditions contained in any Sales Order, or restrictive
endorsements or other statements on any form of payment, shall
be void and of no force or effect.
11.5 Tariffs. Notwithstanding anything to the contrary in
the Agreement, Comcast may elect or be required to file with
regulatory agencies tariffs for certain Services. In such event,
the terms set forth in the Agreement may, under applicable law,
be superseded by the terms and conditions of the Tariffs.
Without limiting the generality of the foregoing, in the event of
any inconsistency with respect to rates, the rates and other terms
set forth in the applicable Sales Order shall be treated as
individual case based arrangements to the maximum extent
permitted by law, and Comcast shall take such steps as are
required by law to make the rates and other terms enforceable.
If Comcast voluntarily or involuntarily cancels or withdraws a
Tariff under which a Service is provided to Customer, the
Service will thereafter be provided pursuant to the Agreement
and the terms and conditions contained in the Tariff
immediately prior to its cancellation or withdrawal. In the event
that Comcast is required by a governmental authority to modify
a Tariff under which Service is provided to Customer in a
manner that is material and adverse to either Party, the affected
Party may terminate the applicable Sales Order upon a
Enterprise Services General Terms and Conditions Ver.1.3
minimum thirty (30) days’ prior written notice to the other
Party, without further liability
11.6 Construction. In the event that any portion of the
Agreement is held to be invalid or unenforceable, the Parties
shall replace the invalid or unenforceable portion with another
provision that, as nearly as possible, reflects the original
intention of the Parties, and the remainder of the Agreement
shall remain in full force and effect.
11.7 Survival. The rights and obligations of either Party
that by their nature would continue beyond the termination or
expiration of a Sales Order shall survive termination or
expiration of the Sales Order.
11.8 Choice of Law. The domestic law of the state in
which the Service is provided shall govern the construction,
interpretation, and performance of this Agreement, except to
the extent superseded by federal law.
11.9 No Third Party Beneficiaries. This Agreement does
not expressly or implicitly provide any third party (including
users) with any remedy, claim, liability, reimbursement, cause
of action, or other right or privilege.
11.10 Parties’ Authority to Contract. The persons whose
signatures appear below are duly authorized to enter into the
Agreement on behalf of the Parties name therein.
11.11 No Waiver; Etc. No failure by either Party to enforce
any right(s) hereunder shall constitute a waiver of such right(s).
This Agreement may be executed in counterpart copies.
11.12 Independent Contractors. The Parties to this
Agreement are independent contractors. Neither Party is an
agent, representative, or partner of the other Party. Neither
Party shall have any right, power, or authority to enter into any
agreement for, or on behalf of, or incur any obligation or
liability of, or to otherwise bind, the other Party. This
Agreement shall not be interpreted or construed to create an
association, agency, joint venture, or partnership between the
Parties or to impose any liability attributable to such a
relationship upon either Party.
11.13 Article Headings. The article headings used herein
are for reference only and shall not limit or control any term or
provision of this Agreement or the interpretation or
construction thereof.
11.14 Compliance with Laws. Each of the Parties agrees to
comply with all applicable local, state and federal laws and
regulations and ordinances in the performance of its respective
obligations under this Agreement.
Ethernet Dedicated Internet Services PSA Ver. 1.11
COMCAST ENTERPRISE SERVICES
PRODUCT-SPECIFIC ATTACHMENT
ETHERNET DEDICATED INTERNET SERVICES
ATTACHMENT IDENTIFIER: Ethernet Dedicated Internet, Version 1.11
The following additional terms and conditions are
applicable to Sales Orders for Comcast’s Ethernet
Dedicated Internet Service:
DEFINITIONS
Capitalized terms not otherwise defined herein shall have
the meaning ascribed to them in the General Terms and
Conditions.
“Estimated Availability Date” means the target date for
delivery of Service.
“HFC Network” means a hybrid fiber coax network
“Interconnection Facilities” means transmission capacity
provided by Comcast, Customer or a third-party supplier to
extend the Comcast Equipment from a Comcast terminal to
any other location (e.g., a local loop provided by a local
exchange company or other communications company).
“Off-Net” means geographical locations that are outside of
Comcast’s service area and/or geographical locations that
are within Comcast’s service area generally, but are not
readily accessible by Comcast network facilities. All Off-
Net Services are provided by third-party service providers.
Off-Net Services provisioned over a fiber optic network are
referred to as “Off-Net Fiber.”
“On-Net” means geographical locations where Comcast
currently provides Services through its Comcast network.
On-Net Services may be provisioned over a fiber optic
network (“On-Net Fiber”), or via a HFC Network (“On-Net
HFC”), as available through Comcast.
“Service(s)” means Ethernet Dedicated Internet Services.
ARTICLE 1. SERVICES
This attachment shall apply to Ethernet Dedicated Internet
Service. A further description of the Service is set forth in
Schedule A-1 hereto which is incorporated herein by
reference.
ARTICLE 2. PROVIDER
On-Net Service shall be provided by Comcast Business
Communications, LLC.
On-Net Service provided over the HFC Network and Off-
Net Services are available in a limited number of markets.
For information on service availability, call 866-429-0152.
ARTICLE 3. CUSTOM INSTALLATION FEES
Once Comcast accepts a Sales Order for Services, Comcast
will invoice Customer for all Custom Installation Fee(s).
Customer will pay the Custom Installation Fee(s) within
thirty (30) days of the invoice date unless a payment
schedule is specified in the applicable Sales Order.
ARTICLE 4. PROVISIONING INTERVAL
Following its acceptance of a Sales Order, Comcast shall
notify Customer of the Estimated Availability Date
applicable to that Sales Order. Comcast shall use
commercially reasonable efforts to provision the Services
on or before the Estimated Availability Date; provided,
however, that Comcast’s failure to provision by said date
shall not constitute a breach of the Agreement.
ARTICLE 5. SERVICE COMMENCEMENT DATE
Comcast shall inform Customer when Service is available
and performing in accordance with the “Technical
Specifications” set forth in Schedule A-1 hereto
(“Availability Notification”). Charges for Service shall
begin to accrue as of the Service Commencement Date. The
Service Commencement Date shall be earliest of: (A) the
date on which Customer confirms receipt of and
concurrence with the Availability Notification; (B) five (5)
business days following the date of the Availability
Notification, if Customer fails to notify Comcast that the
Service does not comply materially with the Technical
Specifications (defined in Article 8); or (C) the date on
which Customer first uses the Service. In the event that a
Service Term has not been expressly set forth in a Sales
Order, the Service Term for such Sales Order shall be twelve
(12) months
ARTICLE 6. TERMINATION CHARGES;
PORTABILITY; UPGRADES
6.1 The charges set forth or referenced in each Sales
Order have been extended to Customer in reliance on the
Service Term.
6.2 Termination Charges for On-Net Services.
A. In the event that On-Net Service is terminated
following Comcast’s acceptance of the applicable Sales
Order, but prior to the Service Commencement Date,
Customer shall pay Termination Charges equal to the costs
and expenses incurred by Comcast in installing or preparing
Ethernet Dedicated Internet Services PSA Ver. 1.11
to install the On-Net Service plus twenty percent (20%).
B. In the event that On-Net Service is terminated on
or following the Service Commencement Date but prior to
the end of the applicable Service Term, Customer shall pay
Termination Charges equal to a percentage of the monthly
recurring charges remaining for the unexpired portion of the
then-current Service Term, calculated as follows:
i. 100% of the monthly recurring charges with
respect to months 1-12 of the Service Term; plus
ii. 80% of the monthly recurring charges with
respect to months 13-24 of the Service Term; plus
iii. 65% of the monthly recurring charges with
respect to months 25 through the end of the
Service Term; plus
iv. 100% of any remaining, unpaid Custom
Installation Fees.
Termination Charges shall be immediately due and payable
upon cancellation or termination and shall be in addition to
any and all accrued and unpaid charges for the Service
rendered by Comcast through the date of cancellation or
termination.
C. Termination Charges for Off-Net Services. In
the event Customer terminates Off-Net Service following
Comcast’s acceptance of the applicable Sales Order but
prior to the end of the applicable Service Term, Customer
shall pay Termination Charges equal to 100% of the
monthly recurring charges remaining through the end of the
Service Term plus 100% of any remaining, unpaid Custom
Installation Fees. Customer shall also pay any third-party
service provider ancillary fees incurred by Comcast due to
the early termination of Service by the Customer.
6.3 Exclusions. Termination Charges shall not apply
to Service terminated by Customer as a result of Comcast’s
material and uncured breach in accordance with the General
Terms and Conditions.
6.4 Portability. Customer may terminate an existing
On-Net Service (an “Existing Service”) and turn up a
replacement On-Net Service (i.e., activate Service with
termination points on Comcast’s network that are different
than those of the Existing Service) (a “Replacement
Service”) without incurring Termination Charges with
respect to the Existing Service, provided that: (a) the
Replacement Service must have a Service Term equal to or
greater than the remaining Service Term of the Existing
Service, but in no event less than twelve (12) months; (b) the
Replacement Service must have monthly recurring charges
equal to or greater than the monthly recurring charges for
the Existing Service; (c) Customer submits a Sales Order to
Comcast for the Replacement Service within ninety (90)
days after termination of the Existing Service and that Sales
Order is accepted by Comcast; (d) Customer reimburses
Comcast for any and all installation charges that were
waived with respect to the Existing Service; and (e)
Customer pays the actual costs incurred by Comcast in
installing and provisioning the Replacement Service.
6.5 Upgrades. Customer may upgrade the speed or
capacity of an Existing Service without incurring
Termination Charges, provided that: (a) the upgraded
Service (the “Upgraded Service”) must assume the
remaining Service Term of the Existing Service, but in no
event less than twelve (12) months; (b) the Upgraded
Service must have the same points of termination on
Comcast’s network as the Existing Service; (c) Customer
submits a Sales Order to Comcast for the Upgraded Service
and that Sales Order is accepted by Comcast; (d) Customer
pays Comcast’s applicable nonrecurring charges for the
upgrade; and (e) Customer agrees to pay the applicable
monthly recurring charges for the Upgraded Service
commencing with the upgrade. Upgrades to Off-Net
Services are subject to the applicable third party service
provider rules and availability. Comcast has no obligation to
upgrade Customer’s Off-Net Service.
ARTICLE 7. ADDITIONAL INFORMATION
As necessary for the interconnection of the Service with
services provided by third parties, Comcast may request (as
applicable), and Customer will provide to Comcast, circuit
facility assignment information, firm order commitment
information, and design layout records necessary to enable
Comcast to make the necessary cross-connection between
the Service and Customer’s other service provider(s).
Comcast may charge Customer nonrecurring and monthly
recurring cross-connect charges to make such connections.
ARTICLE 8. TECHNICAL SPECIFICATIONS;
SERVICE LEVEL AGREEMENT
The technical specifications applicable to the Service are set
forth in Schedule A-1 hereto (“Technical Specifications”).
The service level agreement applicable to the Service is set
forth in a Schedule A-2 hereto and incorporated herein by
reference.
Ethernet Dedicated Internet Services PSA Ver. 1.11
COMCAST ENTERPRISE SERVICES
PRODUCT-SPECIFIC ATTACHMENT
ETHERNET DEDICATED INTERNET SERVICES
SCHEDULE A-1
SERVICE DESCRIPTIONS AND TECHNICAL SPECIFICATIONS
COMCAST ETHERNET DEDICATED INTERNET SERVICES
Comcast’s Ethernet Dedicated Internet Service will be provided in accordance with the service descriptions and technical
specifications set forth below:
Service Descriptions
Ethernet Dedicated Internet Service (“EDI”). EDI provides reliable, simple, and flexible access to the Internet. The Service
is offered in the Ethernet User-to-Network Interfaces (“UNI”) increments identified in Figure 1 below and is available in
Committed Information Rate (“CIR”) speed increments starting at 1Mbps, subject to available capacity. The Service provides
an Ethernet Virtual Connection (“EVC”) from the Customer Service Location to a Comcast Internet Point of Presence (“POP”)
router.
Threat Management Services (“TMS”). TMS is a managed security service that includes threat mitigation functionality to
respond to certain types of distributed denial of service (“DDoS”) attacks, including volumetric and flood attacks. TMS
Service is available to Customer on either an emergency or subscription basis, both of which requires the purchase of EDI.
WITH RESPECT TO THE TMS, THIS PSA ONLY APPLIES TO CUSTOMERS THAT PURCHASED THE TMS
(INCLUDING THE EMERGENCY SERVICE OR SUBSCRIPTION SERVICE) PRIOR TO MARCH 5, 2019. IF A
CUSTOMER PURCHASED COMCAST’S DDoS MITIGATION SERVICE ON OR AFTER MARCH 5, 2019, SUCH
SERVICE IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS CONTAINED IN THE DDoS
MITIGATION SERVICES – PRODUCT SPECIFIC ATTACHMENT, WHICH IS AVAILABLE ON THE
WEBSITE.
1. Emergency DDoS Mitigation Service (“Emergency Service”). Upon notification of suspicious traffic from
Customer, Comcast will analyze traffic for anomaly detection and patterns to determine whether the business is under a DDoS
attack. In performing this analysis Comcast will gather the appropriate network information (e.g., routable IP addresses).
When authorized by Customer via the execution of a Sales Order Form, which will include relevant fees. Comcast will redirect
Customer’s incoming Internet traffic to Comcast scrubbing centers where malicious traffic matching specific attack vectors
will be filtered and legitimate traffic will be re-routed back to Customer’s network.
2. Subscription DDoS Mitigation Service (“Subscription Service”).
A. The Subscription Service is a subscription-based Service offering that provides Customer with proactive network
detection of DDoS attack traffic, alert notifications, and mitigation of attacks. Upon receipt of complete and accurate
Customer contact and network information, Comcast will configure Customer’s site(s), related IP addresses, and
preconfigure countermeasure options. Customer will be notified to contact Comcast to perform an acceptance test.
Customer has five (5) business days to contact Comcast to initiate the acceptance test to confirm that the Subscription
Service is configured in accordance with Customer’s preferences after activation and to verify the operation of
Subscription Service. .
B. Comcast monitors the Customer network traffic for a specified set of IP addresses. When DDoS attack traffic is
detected, an alert will be sent to both the Comcast operations center and the Customer via email and SMS. During
the mitigation, Comcast will redirect Customer’s incoming Internet traffic to Comcast scrubbing centers where
malicious traffic matching specific attack vectors will be filtered and legitimate traffic will be re-routed back to
Customer’s network. After mitigation is terminated, all traffic is re-directed back to Customer’s network via normal
paths.
Ethernet Dedicated Internet Services PSA Ver. 1.11
C. Customer has a choice of On-Demand or Automatic mitigation options under the Subscription Service:
a. On-Demand. Customer must authorize Comcast by phone to initiate mitigation. Time to mitigate (the
“Mitigation Interval”) is the elapsed time from when the customer authorizes Comcast to enable mitigation
until Comcast initiates mitigation of any attack traffic.
b. Automatic. With the Automatic mitigation option, no Customer intervention is required. Comcast’s
scrubbing platform automatically initiates mitigation when an alert is generated due to the detection of attack
traffic exceeding pre-set thresholds. The Mitigation Interval is the elapsed time from when the alert is
generated to when Comcast initiates mitigation of any attack traffic.
D. For those Customers receiving the Subscription Service that request additional Mitigation Incidents beyond the pre-
determined limits ordered, incremental charges may apply. A “Mitigation Incident” is defined as one (1) twenty-four
(24) hour window in which Comcast provides Customer with DDoS mitigation assistance as set forth above.
3. Disclaimer. Customer acknowledges the following additional terms for the DDoS Mitigation Services
A. When Customer Internet traffic is traversing Comcast mitigation platform, Comcast makes no guarantees that only
DDoS attack traffic will be prevented from reaching the Service Location nor that only legitimate traffic will be
allowed to reach Customer.
B. Comcast mitigation constitutes only one component of Customer’s overall security program and is not a
comprehensive security solution; instead the DDoS Mitigation Service is intended to mitigate the impacts of certain
types of DDoS attacks that are already underway
C. Comcast makes no warranty, express or implied, that: (i) all DDoS attacks will be detected (for Customers receiving
the Subscription Service); (iii) the mitigation efforts implemented by Comcast in response to such DDoS attacks will
be successful in mitigating the overall impact of the incident; or (iii) or that Comcast detection, alerting, and/or
mitigation will be uninterrupted or error-free. Customer also understands that there may be volumetric based attacks
that exceed the amount of traffic volume that Comcast can successfully divert.
D. Comcast’s ability to provide the DDoS Mitigation Services is contingent on Customer providing accurate and timely
information to Comcast, including the provision of IP addresses.
EDI Technical Specifications.
1. Ethernet User-to-Network Interface. The Service provides the bidirectional, full duplex transmission of untagged
Ethernet frames using a standard IEEE 802.3 Ethernet interface (UNI) to attach to the Customer’s router. Figure 1 lists the
available UNI speed and their UNI Physical Interfaces, and available CIR bandwidth increments and Committed Burst Sizes
(CBS). CIR increments of less than 10 Mbps are generally not available in conjunction with Off-Net Services.
UNI
Speed
UNI Physical
Interface CIR
Increments
CBS
(bytes)
1 Mbps 25,000
100 Mbps 100BaseT 10 Mbps 250,000
1 Gbps 1000Base T or
1000BaseSX 100 Mbps 2,500,000
10 Gbps 10GBase-SR or
10GBase-LR 1 Gbps 25,000,000
100 Gbps 100GBASE-LR4 10 Gbps 25,000,000
Figure 1: Available UNI interface types and CBS values for different CIR Increments
2. Traffic Management. Comcast’s network traffic-policing policies restrict traffic flow to the subscribed, CIR. If
the Customer-transmitted bandwidth rate exceeds the subscription rate CIR and CBS, Comcast will discard the non-
conformant packets. The Customer’s router must shape traffic to the contracted CIR. Traffic management policies associated
with any Off-Net portions of Service will conform to the policies enforced by the third-party service provider.
3. Maximum Frame Size. The Service supports a maximum transmission unit (“MTU”) frame size of 1518 bytes
including Layer 2 Ethernet header and FCS.
Ethernet Dedicated Internet Services PSA Ver. 1.11
4. Layer 2 Control Protocol (“L2CP”) Processing. All L2CP frames are discarded at the UNI.
5. IP Address Allocation. IP address space is a finite resource that is an essential requirement for all Internet access
services. Comcast assigns up to two (2) routable IP addresses to each customer circuit. Customer can obtain additional IP
addresses if required based on American Registry for Internet Numbers (“ARIN”) guidelines and by completing an IP address
request form; additional charges may apply.
6. Domain Name Service. Comcast provides primary and secondary Domain Name Service (“DNS”). DNS is the
basic network service that translates host and domain names into corresponding IP addresses, and vice-versa.
7. Border Gateway Protocol (“BGP”) Routing. Comcast supports BGP-4 routing (“BGP-4”) as an optional service
feature. BGP-4 allows Customers to efficiently multi-home across multiple ISP networks. This optional service feature
requires an Autonomous System Number (ASN) be assigned to a customer by the ARIN. Customers should also be proficient
in BGP routing protocol to provision and maintain this optional service feature on their router. Additional information and
requirements for BGP routing will be provided to the Customer upon request. Comcast supports private peering if the
Customer is multi-homed only to Comcast’s network.
8. Monitoring, Technical Support and Maintenance
1. Network Monitoring. Comcast monitors On-Net Service on a 24x7x365 basis.
2. Technical Support. Comcast provides a toll-free trouble reporting telephone number to the Comcast Enterprise
Technical Support (“ETS”) center that operates on a 24x7x365 basis. Comcast provides technical support for Service-related
inquiries. ETS will not offer consulting or advice on issues relating to CPE or other equipment not provided by Comcast.
A. Escalation. Reported troubles are escalated within the ETS to meet the response/restoration objectives
described below (Response and Restoration Standards). Service issues are escalated within Comcast ETS as follows: to
a Supervisor at the end of the applicable objective time interval plus one (1) hour; to a Manager at the end of the
applicable objective time interval plus two (2) hours, and to a Director at the end of the applicable objective time interval
plus four (4) hours.
B. Maintenance. Comcast’s standard maintenance window for On-Net Services is Sunday to Saturday from 12:00am
to 6:00am local time. Scheduled maintenance for On-Net Services is performed during the maintenance window and
will be coordinated between Comcast and the Customer. Comcast provides a minimum of forty-eight (48) hour notice
for non-service impacting scheduled maintenance. Comcast provides a minimum of seven (7) days’ notice for service
impacting planned maintenance. Emergency maintenance is performed as needed without advance notice to Customer.
Maintenance for Off-Net Services shall be performed in accordance with the applicable third party service provider rules.
Therefore, maintenance for Off-Net Service may be performed without advance notice to Customer.
3. Comcast provides certain Comcast Equipment for provisioning its Services and the delivery of the UNI, which will
reside on the Customer-side of the Demarcation Point. Comcast will retain ownership and management responsibility for this
Comcast Equipment. This Comcast Equipment must only be used for receipt of the Services. Customers are required to shape
their egress traffic to the CIR identified in the Sales Order. Comcast will be excused from paying SLA credits, as set forth in
Schedule A-2, if the Service Interruption is the result of Customer’s failure to shape their traffic to the contracted CIR or
utilizing Comcast Equipment for non-Comcast provided Services.
Response and Restoration Standards
Comcast has the following response and restoration objectives:
CATEGORY OBJECTIVE MEASUREMENT REMEDIES
Mean Time to Respond
Telephonically to Call 15 minutes Averaged over one Month Escalation
(see above)
Mean Time to Restore
On-Net Comcast Equipment 4 hours Averaged over one Month Escalation
(see above)
Ethernet Dedicated Internet Services PSA Ver. 1.11
Mean Time to Restore
Off-Net Equipment 4 hours Averaged over one Month Escalation
(see above)
Mean Time to Restore
On-Net Services 6 hours Averaged over one Month Escalation
(see above)
Mean Time to Restore
Off-Net Services 6 hours Averaged over one Month Escalation
(see above)
Customer shall bear any expense incurred, e.g., dispatch/labor costs, where a Service Interruption is found to be the fault of
Customer, its end users, agents, representatives or third-party suppliers.
Ethernet Dedicated Internet Services PSA Ver. 1.11
COMCAST ENTERPRISE SERVICES
PRODUCT-SPECIFIC ATTACHMENT
ETHERNET DEDICATED INTERNET SERVICES
SCHEDULE A-2
SERVICE LEVEL AGREEMENT
Comcast’s Ethernet Dedicated Internet Service is backed by the following Service Level Agreement (“SLA”):
A. Definitions
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Ethernet Dedicated Internet
Services PSA or the General Terms and Conditions.
“Planned Service Interruption” means any Service Interruption caused by planned work such as scheduled maintenance or
planned enhancements or upgrades to the network.
“Service Interruption” means an interruption in transmission that renders the Service unusable due to a total loss of signal
for the Service. The Service shall be “Available” in the absence of a Service Interruption.
B. EDI Service Level Agreements
1. Availability SLAs. Comcast’s liability, and Customer’s sole remedy for Service Interruptions, and errors, omissions,
interruptions, delays, outages, or defects in transmission or switching of any Service (individually or collectively, “Liability”),
shall be limited to the amounts set forth in the Tables below (“Credit”). For the purposes of calculating credit for a Service
Interruption, the “Length of Service Interruption” begins when the Customer reports such Service Interruption and a trouble
ticket is opened, and concludes upon the closing of the same trouble ticket or, if sooner, the termination of the Service
Interruption less any time Comcast is awaiting additional information or premises testing from the Customer. In no event
shall the total amount of Credit issued to Customer’s account on a per-month basis exceed 50% of the total monthly recurring
charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order. The Length of Service
Interruptions will not be aggregated for purposes of determining Credit allowances. To qualify, Customer must request the
Credit from Comcast within thirty (30) days of the beginning of the Service Interruption. Comcast shall not incur any Liability,
including Credit, for any failure of the Services caused by force majeure events, Planned Service Interruptions, Customer
actions, omission or equipment, CPE, or any other items set forth in the “Exceptions to Credit Allowances” section below.
TABLE 1: Availability SLA for Services provided over On-Net or Off-Net Fiber (99.99% Availability)
Length of Service Interruption: Amount of Credit:
Less than 4 minutes None
At least 4 minutes but less than 4 hours 5% of Total MRC
At least 4 hours but less than 8 hours 10% of Total MRC
At least 8 hours but less than 12 hours 20% of Total MRC
At least 12 hours but less than 16 hours 30% of Total MRC
At least 16 hours but less than 24 hours 40% of Total MRC
At least 24 hours or greater 50% of Total MRC
TABLE 2: Availability SLA for Services provided over On-Net HFC or Off-Net Non-Fiber (99.9% Availability)
Length of Service Interruption: Amount of Credit:
Less than 40 minutes None
At least 40 minutes but less than 4 hours 5% of Total MRC
At least 4 hours but less than 8 hours 10% of Total MRC
At least 8 hours but less than 12 hours 20% of Total MRC
At least 12 hours but less than 16 hours 30% of Total MRC
At least 16 hours but less than 24 hours 40% of Total MRC
Ethernet Dedicated Internet Services PSA Ver. 1.11
At least 24 hours or greater 50% of Total MRC
THE TOTAL CREDIT ALLOWANCES PER CALENDAR MONTH IS CAPPED AT 50% of THAT MONTH’S MRC FOR
THE INTERRUPTED PORTIONS OF SERVICE. SEPARATELY OCCURRING SERVICE INTERRUPTIONS ARE NOT
AGGREGATED FOR THE PURPOSES OF DETERMINING CREDIT ALLOWANCES.
2. DDoS Mitigation Services Service Level Agreement
a. Service Delivery Interval
For a customer adding Subscription Service to a new EDI service, the Subscription Service delivery interval will be the same
as the EDI service delivery interval. For a customer with existing EDI service, Comcast will configure and activate Customer’s
Subscription Service within ten (10) business days of submitting the order for Subscription Service.
Service Delivery Option Service Delivery Interval Remedy
Add Subscription Service to New EDI
Service
At time of EDI service delivery No Credit
More than twenty-four (24) hours after
EDI service delivery
50% of the DDoS Set-Up fee
Add Subscription Service to Existing
EDI Service
Less than or equal to 10 business days No Credit
More than 10 business days 50% of the DDoS Set-Up fee
b. Mitigation Interval
Service Mitigation Option Mitigation Interval Remedy
Emergency DDoS Mitigation N/A
Less than or equal to 60 minutes No Credit
Greater than 60 minutes One day of Daily
Mitigation fee
Subscription DDoS
Mitigation
On Demand*
(whether Single Incident
or Unlimited)
Less than or equal to 15 minutes
from Customer authorization
No Credit
Greater than 15 minutes from
Customer authorization
1/30 of DDOS MRC
Automatic**
Less than or equal to 5 minutes
from discovery of attack traffic
No Credit
Greater than 5 minutes from
discovery of attack traffic
1/30 of DDOS MRC
*After receipt of Customer’s notification of suspicious Internet traffic and Comcast’s acceptance of the Sales Order or
Customer request, Comcast shall commence On Demand Mitigation within the above stated Mitigation Intervals. **Upon
identification of suspicious Internet traffic by Comcast threat detection platform, Comcast shall commence Automatic
Mitigation within the above stated Mitigation Interval.
Comcast failure to meet the above Mitigation Intervals shall not constitute a Service Interruption. The SLAs and available
credits for EDI Service identified above will not apply during the time period any Comcast-imposed Threat Management or
DDoS Mitigation countermeasures are in place.
Customer shall be entitled to up to one credit per day and, for any billing month, Credits may not exceed fifty percent (50%)
of the total MRC of the Subscription Service.
In order to receive a Credit for Comcast’s failure to meet the DDoS Mitigation SLA detailed above, Customer must open a
trouble ticket with Comcast. Customer must request a credit within sixty (60) days following the initial attack event.
C. Exceptions and Terms applicable to all SLAs
Emergency Blocking
The parties agree that if either Party hereto, in its reasonable and sole discretion, determines that an emergency action is
Ethernet Dedicated Internet Services PSA Ver. 1.11
necessary to protect its own network, the Party may, after engaging in reasonable and good faith efforts to notify the other
Party of the need to block, block any transmission path over its network by the other Party where transmissions do not meet
material standard industry requirements. The Parties further agree that none of their respective obligations to one another
under the Agreement will be affected by any such blockage except that the Party affected by such blockage will be relieved
of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no Party will have any
obligation to the other Party for any claim, judgment or liability resulting from such blockage.
Remedy Processes
All claims and rights arising under this Service Level Agreement must be exercised by Customer in writing within thirty (30)
days of the event that gave rise to the claim or right. The Customer must submit the following information to the Customer’s
Comcast account representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account
number; and (c) basis of credit allowance claim (including date and time, if applicable). Comcast will acknowledge and
review all claims promptly and will inform the Customer by electronic mail or other correspondence whether a credit
allowance will be issued or the claim rejected, with the reasons specified for the rejection.
Exceptions to Credit Allowances
A Service Interruption shall not qualify for the remedies set forth herein if such Service Interruption is related to, associated
with, or caused by: scheduled maintenance events; Customer actions or inactions; Customer-provided power or equipment;
any third party not contracted through Comcast, including, without limitation, Customer’s users, third-party network
providers, any power, equipment or services provided by third parties; or an event of force majeure as defined in the
Agreement.
Other Limitations
The remedies set forth in this Service Level Agreement shall be Customer’s sole and exclusive remedies for any Service
Interruption, Liability, outage, unavailability, delay, or other degradation, or any Comcast failure to meet the service objectives
and Mitigation Intervals.
SD-WAN Services PSA ver. 1.1
COMCAST ENTERPRISE SERVICES
PRODUCT-SPECIFIC ATTACHMENT
STANDARD SOFTWARE-DEFINED WIDE AREA NETWORKING (Standard SD-WAN)
ATTACHMENT IDENTIFIER: SD-WAN, Ver. 1.1
The following additional terms and conditions are applicable to Sales Orders for Comcast’s Standard SD-WAN Services:
DEFINITIONS
Capitalized terms not otherwise defined herein shall have the
meaning ascribed to them in the General Terms and Conditions.
“Architectural Confirmation Document” or “ACD” means a
document that contains the initial configuration for the Service,
as agreed to by Customer and Comcast.
“Customer Expectations Document” means a document
created by Comcast that identifies Comcast’s and Customer’s
responsibilities and obligations with respect to the delivery and
support of the Services.
“Estimated Availability Date” means the target date for
delivery of Service.
“Service(s)” means Standard SD-WAN service(s).
“SD-WAN” means Software-Defined Wide Area Network.
“Underlay Service” means the connectivity over which the
Service operates.
ARTICLE 1. SERVICES
This attachment shall apply to Standard SD-WAN Services. A
further description of these Services is set forth in Schedule A-
1 hereto which is incorporated herein by reference. For the
avoidance of doubt, Advanced SD-WAN shall be governed
by the Comcast Managed Services PSA.
ARTICLE 2. PROVIDER
Standard SD-WAN Service shall be provided by Comcast
Business Communications, LLC (“Comcast”).
ARTICLE 3. PROVISIONING INTERVAL
Following the Customer’s acceptance of a Sales Order,
Comcast shall notify Customer of the Estimated Availability
Date applicable to that Sales Order. Comcast shall use
commercially reasonable efforts to provision the Service on or
about the Estimated Availability Date; provided, however, that
Comcast’s failure to provision Services by said date shall not
constitute a breach of the Agreement.
ARTICLE 4. SERVICE COMMENCEMENT DATE
The Service Commencement Date shall be the date Comcast
informs Customer that the Services are available and
performing at at least two Service Locations in accordance with
the “Performance Standards” set forth in Schedule A-1 hereto.
Charges for Service shall begin to accrue as of the Service
Commencement Date.
ARTICLE 5. TERMINATION CHARGES;
5.1 In the event that Service is terminated on or following
the Service Commencement Date but prior to the end of the
applicable Service Term, Customer shall pay Termination
Charges solely on the underlying Comcast provided Underlay
Service, as provided in the applicable PSA.
ARTICLE 6. ADDITIONAL INFORMATION
As necessary for the interconnection of the Service with third-
party provided services, Comcast may request (as applicable),
and Customer will provide to Comcast, circuit facility
assignment information, firm order commitment information,
and design layout records necessary to enable Comcast to make
the necessary cross-connection between the Service and
Customer’s third-party provided service(s). Comcast may
charge Customer nonrecurring and monthly recurring cross-
connect charges to make such connections.
ARTICLE 7. SD-WAN CUSTOMER PORTAL
Comcast provides the Customer with a password-protected web
portal to access information regarding the Customer’s Standard
SD-WAN Service. Customer shall have the option to use the
portal to view network-related data, subject to the availability
of the Service.
ARTICLE 8. TECHNICAL SPECIFICATIONS AND
PERFORMANCE STANDARDS; SERVICE LEVEL
AGREEMENT
The technical specifications and performance standards
applicable to the Service are set forth in Schedule A-1 hereto.
The service level agreement applicable to the Service is set forth
in a Schedule A-2 hereto
SD-WAN Services PSA ver. 1.1
COMCAST ENTERPRISE SERVICES
PRODUCT-SPECIFIC ATTACHMENT SOFTWARE DEFINED WIDE AREA NETWORKING
SCHEDULE A-1
SERVICE DESCRIPTIONS, TECHNICAL SPECIFICATIONS, AND PERFORMANCE STANDARDS
Comcast’s Standard SD-WAN Services will be provided in accordance with the service descriptions, technical specifications, and
performance standards set forth below:
1. Service Descriptions
Comcast’s Standard SD-WAN provides customers with a secure connection, both point-to-point and point-to-multi-point, creating
a fully encrypted overlay network to Customer’s Underlay Service, regardless of whether such Underlay Service is provided by
Comcast or a third-party. Standard SD-WAN enables network abstraction and the separation of the control plane and data plane.
1. Standard SD-WAN is the next generation replacement (physical or virtual) for traditional WAN routers and is agnostic
to WAN transport technologies.
2. Based on business and/or application policies, Standard SD-WAN allows for dynamic routing and/or load balancing of
traffic across multiple WAN connections in an efficient and dynamic fashion.
3. Standard SD-WAN assists with the management, configuration, and orchestration of WANs.
4. Standard SD-WAN provides secure VPNs and has the ability to integrate additional network services and offload
Internet-destined traffic closer to the edge of the network.
2. Service Requirements
In order to provide the Services to a Customer Service Location, such Service Location must have internet connectivity. The
connectivity may be pre-existing or ordered in conjunction with the Services. Comcast supports the Services over Comcast EDI
Service, Comcast Business Internet Service, or internet connectivity services provided by a third-party service provider. If the
underlying connectivity is terminated at a Service Location or unavailable for any reason at any time, the Services at said Service
Location will be inoperable.
3. Technical Specifications
a. Underlay connectivity. The Services leverage Public Internet (Comcast on-net Layer 3 internet access services over fiber and
DOCSIS, Comcast provided off-net Layer 3 internet access, or third-party-provided internet access) to provide connectivity
between Service Locations.
b. Hybrid WAN connectivity. The Services will work with any third-party Layer 3 IP technology (e.g. IP VPN and MPLS) as a
LAN service via Customer-provided routers and connectivity.
c. SD-WAN Overlay. The overlay service uses underlay access to establish IPSec VPN tunnels using AES-256 encryption
between Comcast provided uCPEs as well as to provide control plane access from the uCPE to the SD-WAN controller.
d. SD-WAN uCPE. Comcast will provide robust, flexible, high powered Universal Customer Premise Equipment (“uCPEs”)
based on x86 hardware that is service agnostic and can deploy Virtualized Network Functions (“VNFs”) as needed based on
Customer requirements.
e. SD-WAN Firewall. Comcast will provide a Layer 3/Layer 4 Stateful Firewall VNF as part of the Services.
f. Local Internet Breakout. Comcast can configure a local internet breakout at each Customer Service Location with the purpose
of routing traffic directly to the internet as needed. Local internet breakout is not a connectivity service and is solely a route
configuration inside the uCPE to allow the local host to access the internet through the VPN.
SD-WAN Services PSA ver. 1.1
g. Service Orchestration. Provisioning and configuration of connectivity, routing policies, security, and application aware traffic
steering is provided through centralized, public internet accessible SD-WAN controllers that are logically segregated per
Customer.
h. Digital Experience. Service visibility and reporting is provided via Comcast Business Digital Experience web portal (“Portal”).
i. Traffic Management. Comcast’s network traffic-policing policies restrict traffic flows to the subscribed, Committed
Information Rate (“CIR”). Comcast Business SD-WAN can mark traffic based on IP Address or Port and map the marked
traffic into the 6 prioritization queues available. Prioritization only occurs on the egress of the uCPE.
j. IP Address Allocation. The uCPE will use a single IP address provided from the Underlay service.
k. Border Gateway Protocol (“BGP”) Routing. The Services support private peering BGP-4 routing to efficiently multi-home
across multiple Service Locations. The Service can use a public Autonomous System Number (ASN) or a private ASN provided
by the Customer.
4. SD-WAN Service Delivery and Service Management
a. Kick-off call: Comcast will sponsor a kick-off call with the Customer to explain the Standard SD-WAN delivery process and
Comcast and Customer will review the Customer Expectations Document.
b. Technical interview: Comcast will engage Customer in one or several interviews related to Customer’s network design
initiatives. Comcast will document the technical information discovered through the interview process into an Architectural
Confirmation Document and the Customer will review and confirm that the ACD is correct. The ACD shall be available via
the Portal.
c. Managed Install, Test and Turn-up: When Comcast installs the Standard SD-WAN equipment, the configuration created for
the Customer will be loaded on the equipment and Comcast will test the Services.
d. Network Monitoring and Management: On and after the Service Commencement Date, Comcast will monitor the Standard
SD-WAN Service 24/7/365 and pull alarms from the equipment related to the availability and performance of the Services.
Comcast will send an alert to the Customer for specific, Service impacting alarms. After receiving such an alarm, Comcast
will open an internal ticket and begin to troubleshoot the issue. It is recommended the Customer open a customer trouble ticket
with Comcast to confirm that Customer is being impacted by the issue.
e. On-Going Solution Support:
i. Comcast will support Customer’s requested configuration changes, in accordance with Comcast’s then current
configuration change policy (the “Configuration Change Policy”). Upon request, Comcast shall provide Customer with its
then current Configuration Change Policy. Any moves, additions, changes, or deletions to the Services shall be requested
via the Portal or over the phone. This includes any changes to the Service configuration as initially outlined in the ACD.
Comcast has the following configuration change response objectives:
Category Objective
Simple Configuration Change 4 hours
Complex Configuration Change 48 hours
“Simple Configuration Change” means changes such as firewall updates, traffic steering policies, quality of service
changes, adding and removing IP addresses, and NAT and PAT changes.
“Complex Configuration Change” means changes such as WAN/LAN reconfiguration, DHCP scope changes, DNS
changes, and changes to routing policies.
ii. If a Comcast vendor develops software updates and/or security patches for such vendor’s equipment which Comcast uses
to provide the Services, Comcast will upload such software updates and/or security patches to the applicable equipment to
SD-WAN Services PSA ver. 1.1
the extent Comcast determines, in its sole discretion, that such software updates and/or security patches are necessary.
Updates or patches that are viewed as critical may require immediate action with a maintenance window. For the avoidance
of doubt, Comcast shall have no obligation to develop software updates or security patches and its only obligation under
this paragraph is to install updates and security patches developed by its applicable vendors to the extent Comcast
determines, in its sole discretion, that such software updates and/or security patches are necessary.
5. Security Monitoring and Mitigation.
For the Services, Comcast monitors the equipment. COMCAST DOES NOT PROVIDE MONITORING OF SECURITY
EVENTS, ANY SECURITY EVENT MITIGATION, OR ADVICE REGARDING SECURITY ISSUES OR THREATS.
Upon request by Customer, Comcast will modify the configuration of the Standard SD-WAN Service in accordance with
specifications provided by Customer to attempt to mitigate security events and security threats identified by Customer. Comcast’s
sole obligation is to implement the configuration settings requested by Customer. This Service is provided on a commercially
reasonable efforts basis only and Comcast makes no guarantees with respect to the detection or blocking of viruses/worm/malware
or any other types of attacks and is not responsible for any such malicious data that may be transmitted over the provided network.
SD-WAN Services PSA ver. 1.1
COMCAST ENTERPRISE SERVICES
PRODUCT-SPECIFIC ATTACHMENT
STANDARD SD-WAN SERVICES
SCHEDULE A-2
SERVICE LEVEL OBJECTIVES
Comcast’s Standard SD-WAN Services are backed by the following Service Level Objectives:
1. Definitions:
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the SD-WAN Services PSA or the General
Terms and Conditions.
“Planned Service Interruption” means any Service Interruption caused by planned work such as scheduled maintenance or planned
enhancements or upgrades to the network.
“Service Interruption” means a complete loss of signal that renders the Service unusable or the output signal presented to Customer
by Comcast does not conform to the technical specification in Schedule A-1.
2. Performance Standards
“Performance Standards” are set forth in Schedule A-1 to the Product-Specific Attachment for Standard SD-WAN.
3. SD-WAN Service Level Agreement (SLA)
The Credit allowance available to Customer for Service Interruptions shall be limited to the amounts set forth in the Table below
(“Credits”). For the purposes of calculating Credits for any such Service Interruption, the Service Interruption begins when the Customer
reports to Comcast an interruption in the portion of the Service, provided that the interruption is reported by Customer during the duration
of the interruption, and, a trouble ticket is opened; the Service Interruption shall be deemed resolved upon closing of the same trouble
ticket or the termination of the interruption, if sooner, less any time Comcast is awaiting additional information or premises testing from
the Customer. In no event shall the total amount of Credit issued to Customer’s account on a per-month basis exceed 50% of the total
monthly recurring charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order. Service Interruptions
will not be aggregated for purposes of determining credit allowances. To qualify, Customer must request the Credit from Comcast within
thirty (30) days of the interruption. Customer will not be entitled to any additional credits for Service Interruptions. Comcast shall not
be liable for any Service Interruption caused by force majeure events, Planned Service Interruptions, or Customer actions, omissions, or
equipment.
Length of Service Interruption: Amount of Credit:
Less than 4 minutes None
At least 4 minutes but less than 4 hours 5% of Total MRC
At least 4 hours but less than 8 hours 10% of Total MRC
At least 8 hours but less than 12 hours 20% of Total MRC
At least 12 hours but less than 16 hours 30% of Total MRC
At least 16 hours but less than 24 hours 40% of Total MRC
At least 24 hours or greater 50% of Total MRC
THE TOTAL CREDIT ALLOWANCES PER MONTH IS CAPPED AT 50% of THAT MONTH’S MRC FOR THE INTERRUPTED
PORTIONS OF SERVICE. SEPARATELY OCCURRING SERVICE INTERRUPTIONS ARE NOT AGGREGATED FOR THE
PURPOSES OF DETERMINING CREDIT ALLOWANCES.
4. Additional Service Level Objectives
Comcast provides Service Level Objectives for the Service, including network availability, mean time to respond, and mean time to
restore. The service objectives are measured monthly from the Comcast point of demarcation.
SD-WAN Services PSA ver. 1.1
Service availability is also affected by the choice of Underlay Service.
a. Mean Time to Respond. Mean Time to Respond is the average time required for the ETS to begin troubleshooting a reported
fault. The Mean Time to Respond objective is fifteen (15) minutes upon receipt of a fault notification or from the time a
trouble ticket is opened with the ETS.
b. Mean Time to Restore. Mean Time to Restore is the average time required to restore service to an operational condition as
defined by the technical specifications in Section 1 of this document. The Mean Time to Restore objective is four (4) hours
for electronic equipment failure or six (6) hours for fiber optic facilities failure from the time a trouble ticket is opened with
the ETS.
Mean Time to Restore Equipment
On-Net Services Same day replacement
Off-Net Services Next day replacement
5. Customer Responsibilities
In addition to the responsibilities and obligations identified in the Customer Expectations Document, Customer shall have the
following responsibilities related to the installation, support, and maintenance of the Service:
a. Provide an operating environment with temperatures not below fifty-five (55) or above eighty-five (85) degrees Fahrenheit.
Humidity shall not exceed ninety (90) percent at eighty-five (85) degrees Fahrenheit.
b. Provide secure space sufficient for access to one (1) standard, freestanding, equipment cabinet at each of the Customer
facilities, no further than fifty feet from the Customer router or switch interface.
c. Provide power including UPS AC power equipment, circuit sizing to be determined, if applicable.
d. Provider Emergency local generator backup service, if applicable.
e. Provide access to the buildings and point of demarcation at each Customer Service Location to allow Comcast and its
approved Contractors to install Universal Customer Premise Equipment. Provide access to each location for regular (8am -
5pm) and emergency (24 hour) service and maintenance of Comcast’s equipment and facilities.
f. If interfacing with a third-party IP service: provide, install and maintain a device that is capable of routing network traffic
between the Service and the Customer’s Wide Area Network (WAN).
g. Customer must provide a point of contact (POC) for installation, service activation, notices for Service Interruptions, and
any maintenance activities.
h. Customer must approve the final Architecture Configuration Document (ACD) prior to installation of the Services.
i. Customer must ensure that any Customer-provided or existing underlays installed and operational prior to installation of the
Services.
j. The demarcation point of the Standard SD-WAN Service is the ActiveCore uCPE. Customer shall have sole responsibility
for installing, configuring, providing and maintaining all customer LAN equipment.
6. Monitoring, Technical Support, and Maintenance
a. Network Monitoring. Comcast monitors all Comcast Services purchased by a Customer on a 24x7x365 basis. Customers
who maintain an account on the Customer portal shall receive SMS messages and/or email alerts from Comcast upon
discovery of a Service Interruption related to the Equipment or Comcast port.
SD-WAN Services PSA ver. 1.1
b. Technical Support. Comcast provides Customers a toll-free trouble reporting telephone number to the Customer Enterprise
Technical Support (ETS) that operates on a 24x7x365 basis. Comcast provides technical support for service-related inquiries.
Technical support will not offer consulting or advice on issues relating to CPE not provided by Comcast.
c. Escalation. Reported troubles are escalated within the Comcast ETS to meet the standard restoration interval described in
the Service Level Objectives. Troubles are escalated within the Comcast ETS as follows: Supervisor at the end of the standard
interval plus one hour; to the Manager at the end of the standard interval plus two hours, and to the Director at the end of the
standard interval plus four hours.
d. Maintenance. Comcast’s standard maintenance window is Sunday to Saturday from 12:00am to 6:00am local time.
Scheduled maintenance is performed during the maintenance window and will be coordinated between Comcast and the
Customer. Comcast provides a minimum of forty-eight (48) hour notice for non-service impacting scheduled maintenance.
Comcast provides a minimum of seven (7) days’ notice for service impacting planned maintenance. Emergency maintenance
is performed as needed.
7. Emergency Blocking
The parties agree that if either party hereto, in its reasonable sole discretion, determines that an emergency action is necessary to protect
its own network, the party may, after engaging in reasonable and good faith efforts to notify the other party of the need to block, block
any transmission path over its network by the other party where transmissions do not meet material standard industry requirements. The
parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage
except that the party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s)
which is so blocked and that no party will have any obligation to the other party for any claim, judgment, or liability resulting from such
blockage.
8. Remedy Processes
All claims and rights arising under this Service Level Agreement must be exercised by Customer in writing within thirty (30) days of
the event that gave rise to the claim or right. The Customer must submit the following information to the Customer’s Comcast account
representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account number; and (c) basis of
credit allowance claim (including date and time, if applicable). Comcast will acknowledge and review all claims promptly and will
inform the Customer by electronic mail or other correspondence whether a credit allowance will be issued or the claim rejected, with
the reasons specified for the rejection.
9. Exceptions to Credit Allowances
A Service Interruption shall not qualify for the remedies set forth herein if such Service Interruption is related to, associated with, or
caused by: scheduled maintenance events; Customer actions or inactions; Customer-provided power or equipment; any third party not
contracted through Comcast, including, without limitation, Customer’s users, third-party network providers, any power, equipment or
services provided by third parties; or an event of force majeure as defined in the Agreement.
10. Other Limitations
The remedies set forth in this Service Level Agreement shall be Customer’s sole and exclusive remedies for any Service Interruption,
outage, unavailability, delay, or other degradation, or any Comcast failure to meet the service objectives.
Comcast Cable Communications Management, LLC c/o Market Development, Comcast Business
RE:
Property Address:
Dear Comcast:
The Owning Entity identified below, being the owner of the premises described above (the “Property”), hereby consents to the installation, operation, and maintenance by Comcast Cable Communications Management, LLC, on behalf of its affiliates (together, “Comcast”), at Comcast’s sole cost and expense, of Comcast’s cable and other equipment into, over, under, across, and along the Property, to be used by Comcast to provide communications services to tenants and other occupants of the Property.
Comcast will contact the Owner, or Owner’s representative, before work begins. This information will not be used for any other purpose.
Owning Entity:
Contact name:
Contact email address:
Comcast shall repair any damage to the Property caused by the installation, operation, or maintenance of Comcast’s equipment on the Property.
Owner’s consent will continue for so long as Comcast provides communications services to tenants or other occupants of the Property. The Access to Property shall bind and benefit the parties and their respective successors and assigns.
Sincerely,
Signature:
Owner or Duly Authorized Agent of Owner
Print Name:
Full Title:
Contact phone number:
Date Signed:
Ext.
Additional Contact (optional):
Street Address (include applicable range, exclude suite numbers)
City, State and Zip
Additional Address Information (optional)
10 River Park Plaza, St. Paul, MN 55107
2105 37th Ave NE
Columbia Heights, MN 55421
36-30-24-44-0026
City of Columbia Heights
Joseph Kloiber
(763) 706-3627
Jkloiber@columbiaheightsmn.gov
Alekandr Chernin is@ci.columbia-heights.mn.us 612.226.7559
DocuSign Envelope ID: A6F99A88-6E06-47E7-8604-B098DEB75345
9/4/2020
Joseph Kloiber
Finance Director
Comcast Cable Communications Management, LLC c/o Market Development, Comcast Business
RE:
Property Address:
Dear Comcast:
The Owning Entity identified below, being the owner of the premises described above (the “Property”), hereby consents to the installation, operation, and maintenance by Comcast Cable Communications Management, LLC, on behalf of its affiliates (together, “Comcast”), at Comcast’s sole cost and expense, of Comcast’s cable and other equipment into, over, under, across, and along the Property, to be used by Comcast to provide communications services to tenants and other occupants of the Property.
Comcast will contact the Owner, or Owner’s representative, before work begins. This information will not be used for any other purpose.
Owning Entity:
Contact name:
Contact email address:
Comcast shall repair any damage to the Property caused by the installation, operation, or maintenance of Comcast’s equipment on the Property.
Owner’s consent will continue for so long as Comcast provides communications services to tenants or other occupants of the Property. The Access to Property shall bind and benefit the parties and their respective successors and assigns.
Sincerely,
Signature:
Owner or Duly Authorized Agent of Owner
Print Name:
Full Title:
Contact phone number:
Date Signed:
Ext.
Additional Contact (optional):
Street Address (include applicable range, exclude suite numbers)
City, State and Zip
Additional Address Information (optional)
10 River Park Plaza, St. Paul, MN 55107
4950 Central Ave NE
Columbia Heights, MN 55421
26-30-24-14-0143
City of Columbia Heights
Joseph Kloiber
(763) 706-3627
Jkloiber@columbiaheightsmn.gov
Alekandr Chernin is@ci.columbia-heights.mn.us 612.226.7559
DocuSign Envelope ID: A6F99A88-6E06-47E7-8604-B098DEB75345
Finance Director
Joseph Kloiber
9/4/2020
Comcast Cable Communications Management, LLC c/o Market Development, Comcast Business
RE:
Property Address:
Dear Comcast:
The Owning Entity identified below, being the owner of the premises described above (the “Property”), hereby consents to the installation, operation, and maintenance by Comcast Cable Communications Management, LLC, on behalf of its affiliates (together, “Comcast”), at Comcast’s sole cost and expense, of Comcast’s cable and other equipment into, over, under, across, and along the Property, to be used by Comcast to provide communications services to tenants and other occupants of the Property.
Comcast will contact the Owner, or Owner’s representative, before work begins. This information will not be used for any other purpose.
Owning Entity:
Contact name:
Contact email address:
Comcast shall repair any damage to the Property caused by the installation, operation, or maintenance of Comcast’s equipment on the Property.
Owner’s consent will continue for so long as Comcast provides communications services to tenants or other occupants of the Property. The Access to Property shall bind and benefit the parties and their respective successors and assigns.
Sincerely,
Signature:
Owner or Duly Authorized Agent of Owner
Print Name:
Full Title:
Contact phone number:
Date Signed:
Ext.
Additional Contact (optional):
Street Address (include applicable range, exclude suite numbers)
City, State and Zip
Additional Address Information (optional)
10 River Park Plaza, St. Paul, MN 55107
5225 University Ave NE
Columbia Heights, MN 55421
26-30-24-21-0093
City of Columbia Heights
Joseph Kloiber
(763) 706-3627
Jkloiber@columbiaheightsmn.gov
Alekandr Chernin is@ci.columbia-heights.mn.us 612.226.7559
DocuSign Envelope ID: A6F99A88-6E06-47E7-8604-B098DEB75345
9/4/2020
Joseph Kloiber
Finance Director
Comcast Cable Communications Management, LLC c/o Market Development, Comcast Business
RE:
Property Address:
Dear Comcast:
The Owning Entity identified below, being the owner of the premises described above (the “Property”), hereby consents to the installation, operation, and maintenance by Comcast Cable Communications Management, LLC, on behalf of its affiliates (together, “Comcast”), at Comcast’s sole cost and expense, of Comcast’s cable and other equipment into, over, under, across, and along the Property, to be used by Comcast to provide communications services to tenants and other occupants of the Property.
Comcast will contact the Owner, or Owner’s representative, before work begins. This information will not be used for any other purpose.
Owning Entity:
Contact name:
Contact email address:
Comcast shall repair any damage to the Property caused by the installation, operation, or maintenance of Comcast’s equipment on the Property.
Owner’s consent will continue for so long as Comcast provides communications services to tenants or other occupants of the Property. The Access to Property shall bind and benefit the parties and their respective successors and assigns.
Sincerely,
Signature:
Owner or Duly Authorized Agent of Owner
Print Name:
Full Title:
Contact phone number:
Date Signed:
Ext.
Additional Contact (optional):
Street Address (include applicable range, exclude suite numbers)
City, State and Zip
Additional Address Information (optional)
10 River Park Plaza, St. Paul, MN 55107
825 41st Ave NE
Columbia Heights, MN 55421
35-30-24-14-0151
City of Columbia Heights
Joseph Kloiber
(763) 706-3627
Jkloiber@columbiaheightsmn.gov
Alekandr Chernin is@ci.columbia-heights.mn.us 612.226.7559
DocuSign Envelope ID: A6F99A88-6E06-47E7-8604-B098DEB75345
Joseph Kloiber
Finance Director
9/4/2020
AGENDA SECTION CONSENT
ITEM NO.
MEETING DATE AUGUST 10, 2020
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
CouncilLetter_ComcastISPagreeement_081020.docx
ITEM:APPROVE AGREEMENT WITH COMCAST FOR INTERNET AND MANAGED NETWORK SERVICES AT
$161,000 FOR FIVE YEARS.
DEPARTMENT: Finance CITY MANAGER’S APPROVAL:
BY/DATE:Joseph Kloiber/ August 5, 2019 BY/DATE:
CITY STRATEGY: #7: Strong Infastructure/Public Services
Additional Strategy? N/A
SHORT TERM GOAL (IF APPLICABLE
Additional Goal? N/A
BACKGROUND:
In 2011, the City entered into an agreement for a 5 year commitment with Comcast to provide the City connectivity
infrastructure to our liquor operation locations, as well as serve as the City’s internet service provider. This agreement
was negotiated as part of the City’s cable television franchise agreement, and was renewed for five additional years to
January 2021. All service subsequent to January 2021, regardless of service provider chosen, will not be associated with
a cable television franchise agreement.
The IS department obtained quotes for service from Comcast, CenturyLink, State MNIT Service, and Arvig. It looked at
multiple different service configurations to balance the needs of both the City and the Liquor Operation, along with the
best value to the taxpayers of Columbia Heights. The 2 best solutions were Comcast SD-WAN Business solution and
CenturyLink Fiber+ Standard Business Service. Cost evaluations were done for each service and the needed components,
as well as support time needed to implement and support both solutions. Details of these two proposals are listed in
the attached table. Both proposals include enough additional bandwidth over the current service to provide for
significant growth in internet activity over the next five years.
STAFF RECOMMENDATION:
The agreement that stood out as the best value was the Comcast solution. It closely represents our current set up. It
avoids all construction costs and the uncertainty those add to the CenturyLink proposal. It provides the least amount of
down time for the City and Liquor Operations. The Comcast proposal has a higher direct cost, but it provides for the
least amount of down time, and uses notably less IS staff time. In addition, Comcast has been a proven provider for the
City for the last 10 years.
RECOMMENDED MOTION(S): Motion to approve an agreement with Comcast for internet and managed network
services at $161,000 for five years.
Cost Descriptions and Time Estimates
What follows are the cost descriptions and time estimates for the cost matrix. We have added in what
would be needed to bring the CenturyLink proposal up to Comcast’s proposal for an apples to apples
comparison of service. (It does not include the extra features included with the Comcast proposal that
cannot be duplicated in the CenturyLink Proposal)
One‐time costs (for three stores):
‐ FortiGate 60F: $438 x 3 = $1,314
‐ FortiExtender 201E: $498 x 3 = $1,494
‐ AT&T USB800 Modem: $180 x 3 = $540
Total one‐time costs: $3,348
Recurring monthly costs (for three stores):
‐ Fortinet 5‐Years 24x7 FortiCare Contract for FortiGate 60F: $520 x 3 / 60 months = $26 / month
‐ Fortinet 5‐Years 24x7 FortiCare Contract for FortiExtender 201E: $300 x 3 / 60 months = $15 / month
‐ Verizon modems data plan: $33 / month
‐ Estimated Verizon modems overage: $30 / month (2019 spread out between 12 months)
‐ AT&T modems data plan: $50 x 3 = $150
‐ Estimated additional IS staff time to reconfigure liquor store networks and hosts for VPNs and to manage
and troubleshoot VPNs: 12 hours / month x $50 / hr = $600 / month
Total monthly costs: $854 / month
Estimated cost of 1 hour interruption to sales at TopValu 1 and 2 at peak hours (have much bigger sales volume
than TopValu 3): $663 / hour
Justification:
Annual profit from sales (2020 budget, TV 1 and 2): $1.9M ($7.4M sales ‐ $5.5M cost of goods sold).
Annual hours of operation (before COVID‐19, TV 1 and 2): 8,600.
Average hourly profit (TV 1 and 2): $1.9M / 8,600 = $221 / hour.
Estimated: three times as much during peak hours: 3 x $221 = $663 / hour
Price difference between Comcast SD-Wan ($2,632 / month) and CenturyLink Internet only ($1,300 / month) +
Construction costs (unknown): $1,325 / month ‐ Minus additional monthly costs ($854 / month): $474 / month
Break even if Comcast allows us to prevent < 1 hour downtime at TopValu 1 and 2 every month at peak hours.
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