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TPX COMMUNICATIONS, INC.
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Last modified
4/13/2021 3:11:52 PM
Creation date
4/13/2021 3:07:00 PM
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Contracts
Company Name
TPX COMMUNICATIONS, INC.
Contract #
A-2021-041
Agency
Information Technology
Council Approval Date
4/6/2021
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ADDENDUM TO <br />MASTER SERVICE AGREEMENT <br />This Addendum to Master Service Agreement ("Addendum") is made as of the 0 day of <br />March 2021, by and between U.S. TelePacific Corp., a Delaware corporation, d/b/a, TPx <br />Communications, 303 Colorado Street, Suite 2075, Austin, TX 78701 ("TPx") and City <br />of Santa Ana, a municipality organized under the laws of the state of California, 20 <br />Civic Center Plaza, Santa Ana, CA 92701 ("Customer"). <br />This Addendum amends and modifies that certain Master Service Agreement between <br />TPx and Customer signed by Customer on the —16th_ day of March 2021 <br />("Agreement"), as follows: <br />1. Based on the volume of Services ordered by Customer and the competitive <br />conditions in the marketplace for telecommunications services, TPx hereby agrees to <br />provide Services to Customer pursuant to Terms and Conditions and rates applicable to <br />the Agreement as modified below based upon Customer's commitment to a three (3) year <br />term ("Service Term') subject to the Terms and Conditions as modified by this <br />Addendum as set forth below. <br />2. On page I of the Service Agreement, delete: "including any changes to Total <br />Monthly Recurring Charges up to five per cent (5%) and/or Non -Recurring Charges up to <br />five per cent (5%) for Services and Equipment specified on this Service Agreement". <br />3. On Page 1, Section 2 of the Master Service Agreement, delete "set forth at <br />www.VX.com/terms". <br />4. On the Equipment Addendum, subsection (b) of Section 2, add "within a <br />reasonable time not to exceed fourteen (14) days and delete: "acknowledges acceptance <br />of the Equipment delivery". <br />5. In subsection (b) of Section 1 of the Terms and Conditions of the Agreement, <br />(a) in the fourth sentence, delete "the Tariffs"; <br />(b) in the sixth sentence, delete "which will become part of the Agreement"; <br />(c) in the last sentence, delete "applicable". <br />6. TPx shall not increase the monthly recurring charge for Services provided to <br />Customer during the Service Term and any provision to the contrary including Section <br />2(c) shall not apply. <br />7. Notwithstanding any other provisions to the contrary in Section 2(c) of the Terms <br />and Conditions of the Agreement, at the end of the Service Term, the Term for Services <br />shall renew only on a month -to -month basis at the same monthly recurring charges for <br />Services that were provided to Customer during the Service Term, unless either party <br />notifies the other party in writing at least ninety (90) days prior to the end of the then - <br />current Term of the intent not to allow the Service Term to renew. <br />VV91971328-9742-EASE-4663-DBAC <br />o /I I /1n11 1' . 11 — ,m, <br />
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