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ADDENDUM TO <br />TELECOMMUNICATIONS ACCOUNT AGREEMENT <br />This Addendum to Telecommunications Account Agreement ("Addendum") is made as <br />of the 20 day of February 2018, by and between U.S. Talo.Pacific Corp., a California <br />corporation, d/b/a, TPx Communications, 515 S. flower Street, 45ttr floor, Los Angeles, <br />CA 90071 »2201 ("TPx") and City of Santa Ana, a California municipality, 20 Civic <br />Center Plaza, Santa Ana, CA 92701("Customer" ). <br />This Addendum atneuds and modifies that certain Telecommunications Account <br />.Agreement between TPx and Customer signed by Customer on time 6 day of <br />�v _ , 20 Vb? ("Agreement"), as follows: <br />I. Based on the volume of Services ordered by Custormrer and the competitive <br />conditions in time marketplace fbr telecommunications services, TPx. hereby agrees to <br />provide Services to Customer pursuant to Torms and Conditions and rates applicable to <br />the Agreement as modified below based upon Custwnoras cotnrrritruermtto. athree (3) year <br />term (11tiltial Term") subject to the Terms antt'Conditions as mo lfied.by this Addendum <br />as :vet forth below. <br />2. Notwithstanding the provisions of subsection (b) of Section 4 of the Terms and <br />Conditions ol`the Agreement, In the event Customer no. longer needs the Set vices <br />covered under this Agreement at one or more service Locations, Customer may, <br />upon forty-five (45) days written notice to TPx, terminate Services that are not needed <br />and, except that Customer shall :pay to i'Px all amount t4us) to the tariffed Non - <br />Recurring Charges for installation of Solvices to such affected service Locations, other <br />termination charges (except for any termination charges .imposed on TPx by a provider of <br />any underlying facilities) will not apply, provided that the total Mombly recurring <br />Charges covered under this Agreement at any time are not reduced by shore than twonty <br />percent (20%) below the greater of (i) tile. total Monthly recurring Charges applicable to <br />the Services installed at the commencement of this Agreement, or (ii) the total Monthly <br />Recurring Charges applicable to the Services provided to Customer in any one of the <br />then -preceding three (3) months, If the total Monthly Recurring Charges for Services <br />falls below the eighty percent (80%) level, Customershall pay the termination charges set <br />forth in subsection (b) of Section 4 of the Terms and Conditions of the Agreement, In <br />addition, Customer agrees that the :ability to reduce services no longer needed and <br />Without termination charges shall not apply to any terminated services the Customer ports <br />or transfers to a different service provider, In those cases, Customer shall be responsible <br />for paying the termination charges, <br />3. During the Initial Tenn of the Agreement, upon Customer providing TPx a. <br />minimum forty -'five (45) days advance written notice, Custommor my request that TPx <br />move Services from Customer's current Service: Location to a Service Location at a <br />different address served by TPx one (1) time at each of Customer's Service Locations <br />without incurring any non-recurring charges normally charged to Customers in <br />connection with moving said Services, flowever, TPx maypass lbrouSh a termination <br />charge which, as a result of Customer's termination, TPx becomes obligated to pay to a <br />third party provider of the underlying facilities. Also, a new Term may apply to any <br />