10 approve the selection of Suddenlink to provide fiber network servicesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
12-02-2008
Council Date:
MIS
Kent Klinkerman
10.
12-0g-200g
RECOMMENDED MOTION:
Move to approve the selection of Suddenlink to provide fiber network services, and authorize the City
Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
BACKGROUND:
MIS has developed a multi-step plan to improve connectivity via fiber to remote City of
Paris sites. Currently all remote sites are connected via point to point wireless radios
except for the downtown complex. The Police Department, Water Treatment Plant,
Public Works, Garage, Warehouse, Waste Water Treatment, Animal Shelter, EMS
stations and Fire Stations are a few examples of sites relying on wireless connectivity for
email, file storage, internet access, etc.
Fiber is more reliable, has cleaner transmission quality and superior bandwidth. The plan
to improve connectivity to remote PC clusters and broadcast points (PD, Public
Works/Fire Station l, WEWT, EEWT) has been identified as a multi-year effort.
Phase 1 delivered fiber to the WEWT. This year the Police Department was next on the
list with $88,000 budgeted to deliver fiber. Estimates given to MIS by a company
utilized in the past were used for this budget year. They are currently unable to submit a
bid and are not known to be in business. All other bids have been almost triple the
budgeted amount. Alternative solutions were needed.
Suddenlink has presented a plan that would allow use of their fiber to connect not only
the PD but also Public Works/FS 1, EEWT and City Hall Annex. This would satisfy not
only Phase 2 objectives but also Phase 3 and 4. This would require an upfront expense of
$37,518 plus monthly fee increase of $950.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS: Proposal, Agreement
ACTION:
BUDGET INFO:
❑ Financial Report Z Minute Order
Expense
$ 49,518
❑ Department Report ❑ Resolution
Budgeted Amt.
$ 88,000
❑ Presentation ❑ Ordinance
y'I'D Actual
$ 0
❑ Public Hearing ❑ Other
Acct. Name
MIS
Acct. Number
01-1008-89-01
FISCAL NOTES:
City of Paris Revised 2/04/08
~ 000019
REVIEWED AND APPROVED BY:
Z Administration Z Ciry Clerk ❑ Community Development Z EMS/IT
❑ Municipal Coutt ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works
❑ Finance ❑ Fire
❑ Utilities
City of Paris o 0 0 0 2 11 Revised 2/04/08
~
Execudve Overview
Suddenlink Communications services more than 1.6 million customers. When doing
business with Suddenlink Business, City of Paris becomes a partner with a well respected
and trusted organization.
We offer affordable nefinrorking solutions, custom-tailored for each customer, with local
relationships that are quite unique to the telecommunications industry. We break the mold
by providing reliable, high-bandwidth Ethernet connectivity over a secure network and back
it with outstanding customer service and 24/7 network support.
There is no cost for onqoinq maintenance and support.
The proposed solution is offered as a service. All components installed by Suddenlink will be
owned and maintained by Suddenlink for the life of the contract, including the fiber-optic
lines and electronic components necessary for transmission.
Suddenlink Business Histo
In early 1996, as the former TCA and thereafter Cox Business Services, we began
'branching out into the business community providing business-class service and support of
telecommunications services to over 100,000 commercial customers.
We are able to leverage our existing fiber network, which reaches deep into the
communities that we serve,'delivering reliable, high capacity telecommunications services.
Proposal Summarv
Suddenlink Business proposes to City of Paris Internet bandwidth provisioned over
fiber; prices include Point to Point Connectivity between the Police Dept., City Hall,
East Water Tower, and Fire Dept.
We will take fiber to all four locations, place a Cisco switch in each location, deliver
the internet bandwidth from our head end to the City Hall, and there will be a Point to
Point connection between all locations.
Installation Fee: $37,518 - one time fee
Monthly Fees: 10 megs: $1500 per month - 3 year
Will provide a free cable modem until the build process is completed.
The service will be delivered over a fiber optic backbone. The interface will be an
Ethernet connection from the (Suddenlink) Cisco switch located at the City of Paris facility.
The Internet bandwidth will be delivered to Cat-5 port on the Cisco switch, interfaced to the
customer as an Ethernet port, with a 10 Meg limitation on the Internet bandwidth. Both of
which can easilv be upqraded if the customer's needs chanqe.
...::...ii
~ 0Q00'2i
December 2, 2008
Page 2
Network Hiqhliqhts
High Capacity - Ethernet over fiber is scalable to a Gigabit and beyond providing a
future-proof platform.
Ethernet Handoff - Suddenlink provides a Cat-5 connection, which saves the expense of
purchasing and maintaining additional hardware.
Scalable - With a simple phone call, the bandwidth can easily be upgraded within a few
hours. No additional equipment OR installation is required.
At Suddenlink, we employ local, Certified Fiber Engineers who are
ON CALL 24 - 7, providing a fast response time. There is NO COST for fiber-line
maintenance.
Cisco-Certified Engineers - no cost for WAN-electronics maintenance
Fiber is superior in Reliability to Copper-
Fiber is a non-metallic material, which transmits light waves and is immune to data loss
caused by noise interference, cross talk, and changes in temperature, moisture, or electrical
surges.
Service and Support
In the event of an outage or disruption in service, planned or unplanned, the
City of Paris personnel may contact the Network Operations Center (NOC) by calling 1-
866-232-5455, which is a non-published number for the NOC and should not be used
except in the event of an outage or technical difficulty with the proposed services. Or, City
of Paris may be contacted by the Network Operations Center (NOC) according to a
prescribed notification process provided by City of Paris including contact information and
hours of availability. If it is necessary for a Suddenlink technician to be dispatched onsite the
response time will be within 4 business hours.
Installation
A Project Management team will oversee the project from start to finish, including the
purchase and delivery of all equipment, timelines, and communication of schedules, (etc.).
The IP Engineering department will work with City of Paris to pre-configure the switch prior
to installation and will also perform and oversee the installation of a Cisco 3560 switch at
the customer location. The Suddenlink Regional Fiber Planning Engineer will plan and
oversee the installation of all fiber and termination equipment. Once the equipment is in
place, performance testing will be conducted.
" 0l/ 002M
December 2, 2008
Page 3
Conclusion
The proposed connection and equipment will be maintained and supported by Suddenlink
Business at no additional charge. Our certified technicians and engineers are available
24 / 7 and are ready to assist in whatever needs arise.
When considering the reliability of fiber and Suddenlink's maintenance and support, the
proposed service is a very cost-effective solution for City of Paris.
Our goal is to provide you with a product that is reliable, scalable and affordable. We believe
the proposed service will meet this goal.
Thank you for your interest and for the opportunity to present this proposal.
Amanda Gadison
Suddenlink Business
903-520-5005 (cell)
Amanda.qadison(cD_suddenlink.com
Proposed site in Paris, TX
0 (lP f) 2
Ink
Commercial Service Order & AarppmPnt vla ti2nannn7l
Account Re
Amanda Gadison
5 stem Address
Phone Number
903-520-5005
Fax Number
866-748-7706
Custcmer Information
Authorized Cuskamer Re rpsen
tative
L al Com an Name
Ci of Paris
Full Name
Kent Klinkerman
Street Address
150 SE 1s` Street
Tele hone
903-715-0248
Ci SWte Si
Paris TX 75460
Fax
Billin Address
Additional Contact Number
Russell Thrasher 903-640-3834
Ci State Zi
Email Address
kklinkerman@paristexas.gov
Federal Tax ID
Account Number
If Bar or ResWurant accoun notate occu an 1-50• 51-100• 101-150• 151-200• 201-300• 301-500• 501+
Taxes and Fees Not Included '
Monthly Recurring
(video rates subject to
Term no more than 10% One Time Activation
Service Destri tiOn uanti Unit PriCe Months annual increases & Setu Fees
30 mb of internet bandwidth via fiber & 1 1500.00 36 1500.00 37 518.00
Point to Point Connedivi
Totals
'E ui ment Cha 'es
Descrition
uanti
Unit Price
Total Fee
0
S' " I Conditions for int'to int services•" include the addresses of'both circuit termination lacations `
Point A: City Hall 150 SE 151 Street Paris, TX (Internet bandwidth will be delivered to Point A)
Point B: Police Dept. 2910 Clarksville St. Paris, TX Point C: Fire Station 1444 N Main St. Paris, TX Point D: East Water Tower 635 NE 25'" Street Paris, TX
Promotlon'Details :
NOTICE REGARDING 911 SERVICES
While your Suddenlink Phone Service may be supported by a battery backup, it is electrically powered. In the event of a power outage or Suddenlink network failure,
931 service will not be available. You are prohibited from moving the phone modem from the address where it was installed. If you move the phone modem, the 911
service may not function properly and emergency operators will not be able to identify the caller's location.
By signing below; (i) you represent that you are the Customer or Customer's authorized agent; (ii) you agree that you have received a copy of and have been given an
opportunity to review this Commercial Service Order and the Commercial Service Agreement, of which this Service Order is a part; (iii) you agree to the terms and
conditions of the Commercial Service Agreement; (iv) you acknowledge that you have read and understood the Notice Regarding 911 Services above; (v) you agree
that all work by Suddenlink or Suddenlink's agent has been performed to your satisfaction as set forth herein; and (vi) you acknowledge that THIS BUSINE55
SERVICE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Customer Authorized Signature Date
Print Name Title
Cequel Communications, LLC dba Suddenlink Communications, Date
on behalf of its affiliates providing services hereunder ("Suddenlink")
Print Name Title
1 ,
Commercial Service Aareement
TERMS OF SERVICE APPLICABLE TO ANY AND ALL SERVICE(S):
Customer, idenUfied in the Service Order (defined in paragraph 1 below), understands and agrees that this Commercial Service Agreement, together with the
Annex,(collectively, the "AgreemenY~ applies to each and every communication service provided to Customer by Suddenlink Communications ("Suddenlink'l
("Service(s)'% which may include, without limitation, cable television service ("Video Service'% high speed data service ("High Speed Internet Service'), voice service
("Phone Service'l and Suddenlink equipment ("EquipmenY'). This Commercial Service Agreement, along with the Annex, each as may be updated from time to time,
can be found on our website at www.Suddenlink.com
1. Aareement. This Agreement shall be effective upon execution by the
parties, and Services shall be provided for the term set forth Commercial
Service Order. Customer agrees to be bound to this Agreement by: (i)
executing a copy of the Commercial Service Order presented to Customer at
the time of installation ("Service Order'l, (ii) ordering a Service, or (iii) using
one or more Services at Customer's location. Suddenlink may, in its sole
discretion, change, modify, add or remove portions of this Agreement at any
time by giving Customer notice in accordance with Sedion of this Agreement.
Customer's continued use of the Services following such notice shail be
deemed as Customer's acceptance to any revision in this Agreement. If
Customer dces not agree to the revised Agreement, Customer must
immediately notify Suddenlink of Customer's intent to terminate Service and
return all Equipment. Service and Installation.
2. Services and Use. Suddenlink shall use reasonable efforts to make the
Services available by any requested service date. Suddenlink shall not be
liable for any damages whatsoever resulting from delays in meeting any
service dates due to delays resulting from construdion or for reasons beyond
its control. The parties acknowledge and agree that, except for Web hosting,
if applicable, and as otherwise set forth ion the Commercial Services Order,
Customer may only use the Services for its own commercial purposes and not
that of any third party. Customer shall not resell the Services. Customer shall
be responsible for any software and content displayed and distributed by
Customer or Customer's web hosting customers, if any. Unless otherwise
expressly set forth in the Commercial Service Order, Customer acknowledges
that pay per view events and premium video and audio services may not be
available, and, ff provided, may be subject to additional charges beyond the
base rate. Suddenlink shall provide Customer with the Services and
Equipment identifled on Customer's Commercial Service Order; provided,
however, if Suddenlink determines that Customer's location is not serviceable
under Suddenlink's normal installation guidelines, Suddenlink may terminate
this Agreement. Unless provided otherwise herein, Suddenlink shall use
reasonable efforts to maintain the Services in accordance with applicable
performance standards, however, Suddenlink shall have no responsibiliry for
the maintenance or repair of networks, facilities and equipment not furnished
by Suddenlink.
3. Pavment. Customer shall pay all monthly service charges, plus non-
recurring, one-time set-up, installation and/or construdion charges as set
forth on the Commercial Service Order. Unless stated otherwise on the
Commercial Service Order, Monthly Recurring Charges/Access Charges
("MRCs'l for services provided hereunder ("Services') shall begin upon, and
Non Recurring Charge/One-time Activation and Set-up Fees ("NRCs'l if any
shall be due upon, the commencement of Services. Any amount not received
by the due date will be subject to additional fees as set forth below. If
applicable to the Service, Customer shall pay sales, use, gross receipts,
excise, access, universal service fund assessments, 911 fees, franchise fees,
bypass or other local, state and Federal taxes or charges imposed on the use
of the Services. Taxes will be separetely stated on the Customer's invoice.
Unpaid balances shall be subject to interest or late charges at the maximum
rate allowed by law. Failure to pay the total balance when due may be
grounds for Suddenlink to impose an administrative fee ("Administrative
Fee') in accordance with applicable law. Any Administrative Fee imposed on
Customer is intended to be a reasonable advance estimate of costs of
managing past due accounts. Suddenlink does not extend credit to
Suddenlink's Customers and the Administrative Fee is not interest, a credit
service charge or a finance charge. Failure to receive a bill does not release
Customer from Customer's obligation to pay. Failure to pay the total balance
when due shall constitute a breach of this Agreement and may be grounds
for termination of Service, removal of Equipment from Customer's premises
and/or imposition of an administretive fee ("Administretive Fee'~ in
accordance with applicable law.
4. Additional Fees. In addition to MRCs, NRCs, late charges, interest,
and any Administretive Fee, additional fees may be imposed, including fees
for returned checks, charge card chargeback, eariy termination, reconnection
and service calls. Additional charges, including attorney fees, may also be
imposed if collection activities are required to recover past due balances.
5. Term, Earlv Termination. The term of the Service Order shall
commence on the date that any Service commences and shall terminate upon
then current Renewal Tertn. Effective at any time after the end of the iniGal
Service Term and from time to dme therein, Suddenlink may, modify the charges
for Phone, High Speed Internet and/or Video Services to reflect thentuRent
prevailing pricing subject to thirty (30) days prior notlce. Customer will have
thirty (30) days from receipt of such notlce to cancel the applicable Service
without further Ilability. Should Customer fail to cancel within fhis timeframe,
Customer will be deemed to have accepted the modified Service pricing for the
remainder of the Renewal Tertn. If Customer cancels, terminates or downgrades
the Service before the completion of the term shown on the Commercial Service
Order (the "Term'D, or prior to the term of any promodonal ofFer, Customer
agrees to pay Suddenlink all sums, which shall become due and owing as of the
effective date of the cancellation or tertnination, Including: (i) all non-recurring
charges reasonably expended by Suddenlink to establish service to Customer and
not remunerated, (ii) any disconnection, early cancellatlon or tertninatlon charges
reasonably incurred and paid by Suddenlink to third parties on behalf of
Customer, and (iii) all recurring charges for the remaining balance of the Term or
term of the promotional offer.
6. Disouted Chames. Customer must notify Suddenlink in writing of
billing errors disputes or requests for credit within thirty (30) days after
Customer receives the bill for which correction of an error or credit is sought.
The date of the dispute shall be the date Suddenlink receives sufficient
documentation to enable Suddenlink to investigate the dispute. The date of
the resolution is the date Suddenlink completes Its investigation and notifles
the Customer of the disposition of the dispute.
7. Default. If Customer fails to comply with any material provision of this
Agreement, including, but not limited to failure to make payment as
specified, then Suddenlink, at its sole option, may elect to pursue one or
more of the following courses of action upon proper notice to Customer as
required by applicable law: (i) terminate service whereupon all sums then
due and payable shall become immediately due and payable, (ii) suspend all
or any part of Services, and/or (iii) pursue any other remedies, including
reasonable attorneys' fees, as may be provided at law or in equity, including
the applicable termination Iiabilities.
8. LIMITATION OF LIABILITY. EXCEPT FOR ANY REFUNDS OR
CREDifS AS IXPRESSLY PROVIDED IN THIS AGREEMENT, SUDDENLINK, ITS
OFFICERS, SHAREHOLDERS, DIRECfORS, EMPLOYEES, AFFILIATES,
VENDORS, CARRIER PARTNERS, CONTENT PROVIDERS AND OTHER
PERSONS OR ENTITIES INVOLVED IN PROVIDING THE SERVICES OR
EQUIPMENT (COLLECTIVELY, THE "SUDDENLINK PARTIES'l SHALL NOT BE
LIABLE FOR FOR ANY LOSS, DAMAGE, COST OR IXPENSE INCLUDING DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, TREBLE, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFIfS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA,
PERSONAL IWURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES
AND DCPENSES, SOUGHT BY CUSfOMER OR ANYONE ELSE USING CUSTOMER'S
SERVICE ACCOUNT, AND/OR USE OF THE EQUIPMENT OR OTNERWISE
ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE,
REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S
RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WIfHOUT
LIMITATION ANY LIABILITY THAT ARISES DIRECTLY OR INDIRECTLY OUT OF
THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY
TO ACCESS EMERGENCY 911 OR E911 SERVICES), MISZ'AKES, OMISSIONS,
INTERRUPTIONS, FAILURE OR MALFUNCfION, DELETION OR CORRUPTION OF
FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS
IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF
OPERATION, FAILURE TO DCERQSE REASONABIF SUPERVISION, DELAYS IN
TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF
THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR
INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY
ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES
9. AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT,
PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRNACY, OR
OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY
THIRD PARTY. SUDDENLINK'S MAXIMUM LIABILITY TO CUSTOMER ARISING
UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE
AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER FOR
THE RESPECTIVE REGUTAR BILLING PERIOD.
the expiratlon or earlier termination of the Agreement Term set forth on the
Service Order. If a Service Order does not specify a term of service, the 10. WARRANTIES. CUSTOMER AGREES THAT THE SERVICES AND
Agreement Term shall be one (1) year from the date that any Service EQUIPMENT ARE PROVIDED BY SUDDENLINK ON AN "AS IS" AND "AS
commences. Upon the expiration of the Term, each Service Order(s) shall AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS
automatically renew for successive periods of one (1) year each ("Renewal VIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR
Term(s)'), unless prior notice of non-renewal is delivered by either party to t~ ~~j ESENTATIONS, IXPRESS OR IMPLIED, EITHER IN FACT OR BY
other at least thirty (30) days before the expiration of the Service Term orThe F RATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF TITLE, NON-INFRINGEMENT MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES.
SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND SUDDENLINK
DOES NOT WARRANT THAT 7HE SERVICES, EQUIPMENT OR SOFfWARE
SHALL BE ERROR-FREE OR WITHOUT INTERRUP'fION. SUDDENLINK MAKES
NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSfREAM
SPEEDS OF THE NETWORK. ALL USE OF THE SERVICES ARE PROVIDED AT
CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY
FOR CUSTOMER'S OR ANY USER'S USE OF THE SERVICES. THE
SUDDENLINK PARTIES MAKE NO WARRANTIES THAT THE SERVICE,
EQUIPMENT OR SOFfWARE ARE COMPATIBLE WITH ANY CUSTOMER
EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR
IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER
EQUIPMENT. THE SUDDENLINK PARTIES MAKE NO WARRANTY AS TO THE
SECURITY OF CUSTOMER'S COMMUNICATIONS VIA SUDDENLINK'S
FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN
UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER'S
COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE
RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT
THE SUDDENLINK PARTIES WILL NOT BE LIABLE FOR ANY LOSS
ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS.
11. Indemniri. Customer shall indemnify and hold Suddenlink and its
respective affiliates, subcontractors, employees or agents harmless (including
payment of reasonable attorneys fees) from and against any claim, actions or
demands relating to or arising out of or related in any way to Customer's use
of the Service, any other person's use of the Customer's account, the
placement or presence or removal of Suddenlink's Equipment, facilities and
associated wiring on Customers premises including without Iimitation (i) any
content or software displayed, distributed or otherwise disseminated by the
Customer, its employees, or users of the Senrices, (ii) any claim that
Customer's use of the Service including the registration and maintenance of
Customer's selected domain name(s), infringes on the patent, copyright,
trademark or other intellectual property right of any third party; (iii) any
malicious act or act in violation of any laws committed by Customer, its
employees or users using the Services; and/or (iv) violation by Customer, its
employees or authorized users of the Suddenlink AUP.
12. Miscellaneous. This Agreement, any document referenced herein,
and the AUP constitute the entire agreement between Suddenlink and
Customer for the Services and equipment provided herein. The invalidity or
unenforceability of any term or condition of this Agreement shall not affect
the validity or enforceability of any other provision. This Agreement may be
modified, waived or amended only by a written instrument signed by the
parties; provided Suddenlink may modify the AUP and if Customer continues
to use the Service, Customer shall be bound by such AUP as modified. The
rights and obligations of the parties under this Agreement shall be governed
by the laws of the State of New York. The failure by either party to exercise
one or more rights provided in this Agreement shall not be deemed a waiver
of the right to exercise such right in the future. Notices required by this
Agreement shall be in writing and shall be delivered either by personal
delivery or by mail. If delivered by mail, notices shall be sent by any
overnight mail service with proof of receipt; or by certified or registered mail,
return receipt requested; with all postage and charges prepaid. AIl notices
and other written communications under this Agreement shall be addressed
to the parties at the addresses on the first page of this Agreement, or as
specified by subsequent written notice delivered by the party whose address
has changed. The failure of Suddenlink to enforce this Agreement and any of
its components, for whatever reason, shall not constitute a waiver of any
right of Suddenlink or the ability [o assert or enforce such right at any time in
the future. All representations, warranties, indemnifications, dispute
resolution provisions and limitations of liability contained in this Agreement
shall survive the termination of this Agreement, as well as any other
obligations of the parties hereunder which, by their terms, would be expected
to survive such termination or which relate to the period prfor to termination
(including legal conditions, payment, and Suddenlink rights and the rights of
others).
13. Reaulatorv Authoriri-Force Maieure. This Agreement and
the obligations of the paKies shall be subject to modification to comply with
all applicable laws, regulations, court rulings, and administrative orders, as
amended. In no event shall either party have any claim against the other for
failure of performance if such failure is caused by acts of God, natural
disasters including fire, Flood, or winds, civil or military action, including riots,
civil insurredions or acts of terrorists or the taking of property by
condemnation. Suddenlink may, in its sole discretion, immediately terminate
this Agreement, in whole or in part, in the event there is a material change in
any law, rule, regulation, Force Majeure event, or judgment of any court or
government a9ency, and that change affects Suddenlink's ability to provide
the Services herein.
14. ARBITRATION. CUSTOMER AND SUDDENLINK AGREE THAT ANY
CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS
AGREEMENT INCLUDING ANY OF ITS COMPONENTS, THE SERVICES OR
EQUIPMENT PROVIDED BY SUDDENLINK OR ANY ORAL OR WRITTEN
STATEMENTS, ADVERTISEMENTS OR PROMOTIONS RELATING TO THIS
AGREEMENT OR TO THE SERVICES OR EQUIPMENT (COLLECTIVELY, "CLAIM'D
SHALL BE RESOLVED THROUGH ARBIfRATION. ALL ARBI'TRA7ION SHALL BE
INITIAlED AND CONDUCTED IN ACCORDANCE WffH THE COMMERCIAL
ARBITRATION RULES AND MEDIATION PROCEDURES OF THE AMERICAN
ARBITRATION ASSOCL4TION ("AAA'I. THE AAA SHALL APPOINT THE
ARBITRATOR. ARBITRATION MUST BE INITIATED BY CUSTOMER WIfHIN ONE
(1) YEAR OF TNE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS
GIVING RISE TO THE DISPUTE (IXCEPT FOR BILLING DISPUTES WHICH MUST
BE INITIATED WITHIN THIRTY (30) DAYS). CUSTOMER WAIVES ANY CLAIM
NOT FILED IN ACCORDANCE WITH THE PREVIOUS SENTENCE. THE PARTY
INITIATING ARBITRATION SHALL GIVE NOTICE TO THE OTHER PARTY BY
MAILING A COPY OF THE REQUEST FOR ARBITRA7ION TO THE OTHER
PARTY AT THE ADDRESSES ON THE SERVICE ORDER. ALL PARTIES TO THE
ARBITRATION MUST BE INDIVIDUALLY NAMED AND THERE SHALL BE NO
RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS
ACTION OR CONSOLIDATED BASIS OR THROUGH A REPRESENTATIVE,
UNLESS APPLICABLE STATE LAW MANDATES OTHERWISE. ARBITRATION
OF CLAIMS WILL BE CONDUCTED IN SUCH FORUM AND PURSUANT TO
SUCH LAWS AND RULES RELATED TO COMMERCIAL ARBITRATION IN THE
STATE OF NEW YORK THAT ARE IN EFFECT ON THE DATE OF THE NOTICE
TO ARBITRATE.
. UoOn2r)