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HomeMy WebLinkAboutLumen_-_12-mon_Renewal_-_12.15.25Docusign Envelope ID: 7B4C7A31-81A5-4F30-97C0-BDBF9C8B9370 LUMEN" Renewal Order Form Customer Name: City of Waterloo BusOrg ID: 3-994166 Transaction ID: 345661-12-01 Requestor: Jones, Georgina (Gina) Customer Contact: Chris Youngbult Billing Account Number: 5-JFHR6CCJ Currency: USD A Location Address (SCID) 715 MULBERRY STREET, WATERLOO, IA, UNITED STATES, 50703 715 MULBERRY STREET, WATERLOO, IA, UNITED STATES, 50703 715 MULBERRY STREET, WATERLOO, IA, UNITED STATES, 50703 715 MULBERRY STREET, WATERLOO, IA, UNITED STATES, 50703 Z Location Address Line Item (SCID) Description Fixed Port GE "" Fixed Port - CDR: 1000 MBPS Internet Access 100GE**Fixed Port NA - CDR: 1000 MBPS Logical Interface - CDR: 1000 MBPS Product PhD Dedicated Internet 445276341 Access (DIA) Dedicated Internet 445276341 Access (DIA) Dedicated Internet 445276341 Access (DIA) Managed Router Managed Services 445276341 Service SCID 345931526""SW 345931527""S W 345931525""S W 345931528**SW New Service Term Current New (Months) Burstable Burstable 12 12 12 12 Current MRC New MRC 0.00 0.00 475.00 475.00 400.00 400.00 199.00 199.00 1,074.00 1,074.00 345661-12-01 Page 1 of 4 Docusign Envelope ID: 7B4C7A31-81A5-4F30-97C0-BDBF9C8B9370 LUMEN" Summary of Monthly Recurring Charges Billing Account Number: 5-JFHR6CCJ Currency: USD Total New MRC: 1,074.00 345661-12-01 Page 2 of 4 Docusign Envelope ID: 7B4C7A31-81A5-4F30-97C0-BDBF9C8B9370 LUMEN" Terms and Conditions 1. "Lumen" is defined for purposes of this renewal Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services under this renewal Order. The Lumen entity providing Services is identified on the invoice. This confidential renewal Order may not be disclosed to third parties and is non -binding until accepted by Lumen, as set forth in Section 2. Customer places this renewal Order by signing or otherwise acknowledging (in a manner acceptable to Lumen) this renewal Order and returning it to Lumen. Pricing is valid for 90 calendar days from the date indicated unless otherwise specified. The Services in this renewal Order are renewed subject to the service agreement(s) and applicable Service Exhibit(s)/Service Schedule(s) between Lumen and Customer (or its affiliate if expressly provided for under such affiliate service agreement) governing the Service(s) during their current Service Term ("Existing Agreement), to the extent not in conflict with these terms. At the expiration of the Service Term, Service will continue month -to -month at the existing rates, subject to change by Lumen on 30 days' written notice. If the Existing Agreement does not include cancellation or early termination charges and if Customer cancels or terminates Service for any reason other than Lumen's uncured default or if Lumen cancels or terminates for cause, then Customer will pay Lumen's standard cancellation or early termination liability charges in Lumen's standard Master Service Agreement, copies of which are available at https://www.lumen.com/en-us/about/legal/business-customer-terms- conditions.html or upon request. 2. Customer -signed renewal Order must be received and processed by Lumen at least 15 calendar days prior to the start of the next full invoice cycle for the rates and New Service Term to be effective on that following invoice. Otherwise, rates and New Service Term will be effective as of the second full monthly invoice for such Services following receipt by Lumen. Acceptance of this renewal Order will be evidenced by Lumen's implementation of rates or New Service Term set forth in this renewal Order. Until Lumen accepts this renewal Order, Customer's pricing for existing Services will continue to be governed by the Existing Agreement, and Customer will pay any charges that are accrued but unpaid under the Existing Agreement. 3. Your existing service configurations (e.g., bandwidth, port type, seat type, and maintenance option) will remain the same, and Lumen's internal records will control for purposes of determining your configurations. If your Existing Agreement has a minimum service period, then the minimum service periods for existing Services will not carry forward. 4. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of the performance or failure to perform under this renewal Order. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the affected Service. 5. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee per month to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional details on taxes and surcharges that are assessed, visit www.lumen.com/taxes. 6. Unless otherwise set forth in a Service Attachment, Customer will pay the ancillary charges for expedite fees and additional activities, features or options as set forth in the Ancillary Fee Schedule, available at www.lumen.com/ancillary-fees. 7. If your network service utilizes TDM technologies, then the following applies: (a) During the Service Term and on 60 days' prior written notice, Lumen may re - provision Services ("Service Re -provision"). If Customer objects to the Service Re -provision, Customer may terminate the affected Service by notifying Lumen in writing within 30 days of the date of the Service Re -provision notification; and (b) During the Service Term, Lumen may increase rates for off -net TDM Services. Lumen will provide Customer 60 days' prior written notice before implementing the increase ("Rerate Notice"). If Customer objects to the increase, Customer must notify Lumen in writing within 30 days of the date of the Rerate Notice whether Customer will (i) receive the affected Service on a month -to -month basis or (ii) terminate the affected Service, subject to early termination liability charges. Under subsection (ii), Customer's requested disconnect date must be within 90 days of the Rerate Notice. Unless Customer so notifies Lumen, the affected Service will continue to be provided at the rates set forth in the Rerate Notice. 345661-12-01 Page 3 of 4 Docusign Envelope ID: 7B4C7A31-81A5-4F30-97C0-BDBF9C8B9370 LUMEN" 8. Infrastructure Investment and Jobs Act (IIJA) Grant Programs. If Customer participates in an IIJA program, including but not limited to, the Middle Mile Grant, Tribal Connectivity Broadband, and the Broadband Equity Access and Deployment (BEAD) Grant Programs, then Customer cannot pay for Services with funds obtained through the IIJA or other similar grants that would obligate Lumen to provide certain information or perform certain regulatory compliance functions, unless each of those functions and obligations is explicitly identified and agreed to by the parties in the Agreement or in an amendment to the Agreement. Intended Use and Third Party Peer Destined Traffic. High Speed IP (any port size) or Dedicated Internet Access (10G or larger) Service is intended to be used for a mixture of internet destinations and not for traffic overly weighted towards individual networks. If at any time, Lumen's provision of Service to Customer results in unbalanced traffic ratios between Lumen and any other third party peer network that would negatively impact any of Lumen's peering relationships or if more than 25% of total traffic is carried across Lumen's inter -continental backbone links or more than 25% of total traffic (excluding traffic terminating to AS3356 or AS209) is sent towards an individual egress network that would negatively affect Lumen's network operations, then Lumen will provide written notice to the Customer along with a 10 calendar day opportunity to cure such traffic imbalance ("Balance Cure Period") during which Lumen and Customer will cooperate to cure the traffic imbalance. Lumen will clearly identify to Customer the traffic imbalance volume and location(s) of imbalance. If the Customer fails to remedy the imbalance within the Balance Cure Period, then Lumen, in its sole discretion, will have the right to use technical means to restrict access from the affected Services. Notwithstanding the foregoing, if an emergency condition exists ("emergency condition" is considered to be traffic conditions which threaten a material and adverse impact on Lumen's network or its peers' networks), then Lumen may, in its' sole reasonable discretion, take appropriate action without the Customer's consent, which may include, but is not limited to, using technical means to restrict access from those Services; provided that in such event, Lumen will provide as much notice as is practicable under the particular emergency condition. Customer Name: Quentin Hart Customer Signature DocuSigned by: C ,tuAlitA, f-t-? D0525D78AAC8449... Date: 12/15/2025 Renewal Pricing Expires On: 01-Mar-26 345661-12-01 Page 4 of 4