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25G - INTERNET ACCESS SERVICES
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05/04/2009
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25G - INTERNET ACCESS SERVICES
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1/3/2012 4:21:05 PM
Creation date
4/29/2009 12:56:45 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25G
Date
5/4/2009
Destruction Year
2014
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Product Rider-Dedicated Internet Access (Ver. 1-4) <br />Confidential ®Cogent Communications. 2008 <br />Customer will allow access and if necessary provide escort, for COGENT'a or its representatives' necessary personnel to perform the installation and <br />maintenance of the Service, to the designated building's phone closet(s) or telecommunioationa room or to the Customer's premises for the purposes of survey, <br />installation, operations and maintenance of the Service, after prior arrangement between the parties. Customer's faihrre to cooperate shall release COGENT from <br />its obligations pertaining to the Installation Guarantee included in the SLA but shall not suspend the Service Date or billing start date. <br />in the event of technical problems relating to the Service, the Customer will ensure that COGENT'a or its representatives' service engineers have unrestricted <br />access to the designated building's phone closet(s) or telecommuniaationa room or to the customer premises equipment. Customer's failure to provide access <br />shall release COGENT from its obligations pertaining to the Network Availability part of the SLA. <br />4. Demarcation Pofot <br />Within a COGENT data center: If Service delivery taken place within a COGENT data center, COGENT will deliver the Service at a demarcation point situated <br />on the COGENT equipment. COGENT will provide, maintain and operate the necessary wiring ("Cross-Connect' far Customer to connect to COGENT's <br />service at the indicated demarcation point. COGENT will provide such Cross-Connect for the fee set fath on the Order Form. <br />Within a third par(y data center: ff Service delivery takes place within a third party data carter (i.e. that is not owned and/or operated by COGENT), COGENT <br />will deliver the Service at a demarcation point situatod on the COGENT equipment. Unless otherwise agreed, Customer will at its own cost provide, maintain and <br />operate the necessary wiring ("Grose-Connect' to connect to COGENT'a service at the indicated demarcation point. If Customer and COGENT agree that <br />COGENT shall provide auc6 Cross-Connect, then COGENT will provide such Cross-Connect against fees such as indicated on the Order Form and the Service <br />demarcation point will remain ~ the GENT equipment. <br />Within an On Net corporate buildinY: If Service delivery taken place within an On-Net corporate building, COGENT will deliver the Service at a demarcation <br />point situated on the COGENT equipment within the Customer's suite. COGENT will provide, maintain end operate the necessary wiring ("Riaet'~ between the <br />building entry and the indicated demaroafi~ point. <br />At an Ofj--Net Customer Location: Off-Net Services are being delivered to the Customer Location indicated in the Order Form through athird-party local loop to <br />be provisioned by COGENT asr behalf of Customer. Ae auoh, the Customer and COGENT agree that the charges set forth in the Order Form for auoh Service <br />assumes that each Service will be terminated at a pro-established demaroaton point or minimum point of entry (MPOE) in the building housing the Customer <br />Location, as determined by the local access provider. COGENT may charge Customer additional nonrecumng charges not othawiae set forth basin for such <br />Service where the Customer or local access provider determines that it is necessary to extend the demarcation point w MPOE through the provision of additional <br />infraattucture, cabling, electronics or other materials necessary to rsach the Customer Location. It shall be the Cwtomer's responsibility to allow access to the <br />facility for the local access provide, es well as to facilitate or coordinate with the property owner at the Customer Location, all additional apace and electricity <br />determined by the local access provider to be necessary to provide the Service. COGENT will notify Customer of any additional non-recurring charges, if any, as <br />soon as practicable after COGENT u notified by the local access provider of the amount of auoh charges. From time to time, COGENT may provide, and <br />Customer may accept, budgetary estimates for the extension of the demarcation point to the Customer Location along with the initial Order Form. These <br />estimated coats may be based on certain known costa or typical inatallationa that do not require extraordinary efforts by the provider to extend the service. Tn the <br />evert actual costs exceed the budgetary estimate, Cogart will notify the Cwtomer as outlined above. <br />in addition, the charges and the Term set forth in the Order Form for the Service assumes that auoh Service can be provisioned by COGENT through the local <br />access provider selected by COGENT (and/or Customer) for the stated Term. in the event COGENT is unable to provision such Service through the selected <br />local access provider or the selected local access provider requires a higher cost or longs Service Term they that set forth in the Order Form, COGENT reserves <br />the right, regardless of whether COGENT has accepted the Order Form, to suspend provisioning of the Service hereunder and notify Customer in writing of any <br />additional non-recurring charges, monthly recurring charges and/or Tam that may apply, or to cancel the Service set forth on the Order Form. Upon receipt of <br />such notice, Customer will have five (S) business days to accept or reject such changes. If Customer does not respond to COGENT within the five (5) business <br />day period, such changes will be deemed rejected by Customer. Tn the event Customer rejects the changes (whether affirmatively or through the expiration of the <br />five (3) business day period) or if COGENT elects to cancel the Service ordetsd hetsin, the affected Service will be cancelled without cancellation or termination <br />liability of either party. <br />Accepted and agreed to: <br />CUSTOMER: COGENT COMMUNICATIONS <br />sy: 13y: <br />Title: Title: <br />Date: Date: <br />APPROVED Aj "~U r~r-.:~, <br />-~?` <br />Laura tt~ :~~~eedy <br />AsSistan~'' <br />Page 2 of 2 <br />Cogent Communioationa www.cogrntco.com <br />See Order Form or web site for fall contact details. <br />
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