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<br />SPECIAL CONSTRUCTION AGREEMENT <br /> <br />Authority: 8MN03092B <br />AT&T Contact: Patrick Pritchett <br />Telephone #: 305.690.0128 <br /> <br />Customer Name: City of Sunny Isles Beach <br />Customer Number: 305.792.1701 <br />Work Site Address: See Exhibit 1 <br /> <br />This Special Construction Agreement ("Agreement") is entered into by and between <br />BellSouth Telecommunications, Inc. d/b/a AT&T Florida ("A T &T") and City of Sunny <br />Isles Beach, Florida ("Customer"). AT&T and Customer hereby agree to the following <br />terms and conditions: <br /> <br />1. Tariffs. This Agreement is subject to and controlled by the provisions of AT&T's <br />tariffs including but not limited to Section A5 of the General Subscriber Services <br />Tariffand Section B5 of the Private Line Services Tariff and all such revisions to said <br />tariffs as may be made from time to time. <br /> <br />2. Special Construction. This Agreement is for the special construction as further <br />described on Exhibit 1, attached hereto and incorporated herein by this reference <br />("Special Construction"). As consideration for the Special Construction, Customer <br />shall pay to AT&T $29,900.74 ("Special Construction Charges"). Payment in full is <br />required before the special construction will begin. Payment shall be made by mail <br />to AT&T's offices at 250 Williams Street, NW; Suite 5020; Atlanta, Ga. 30303, or to <br />such other address as AT&T may designate, in writing. <br /> <br />3. Early Termination. Should Customer terminate or cancel this Agreement prior to <br />the completion of construction, Customer shall remain liable for the Special <br />Construction Charges. Customer acknowledges and agrees AT&T shall incur <br />substantial up-front costs in connection with its performance under this Agreement <br />and that damages in the event of such early termination or cancellation are not readily <br />ascertainable and that in such event of early termination payment of the Special <br />Construction Charges is reasonable. Customer further acknowledges and agrees that <br />it hereby waives any right to contest such payment of the Special Construction <br />Charges for any reason, including, but not limited to reasonableness of the charges, <br />quality of the work, or timeliness of the work. <br /> <br />4. Indemnification. To the extent permitted by applicable law, each party shall <br />indemnity and hold harmless the other party, and its officers, directors, agents, <br />employees, successors and assigns, from any claims, losses, or damages arising out of <br />the party's performance of this Agreement, except to the extent arising from the acts <br />or omissions of the other party. <br />