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a t M CUSTOM WORK AGREEMENT CR #: 229239 Project Number: A01R49Z This Custom Work Agreement ("Agreement") is entered into by and between Page 2 of S BellSouth Telecommunications, LLC. d/b/a AT&T Southeast (hereafter "AT&T") and City of Sunny Isles Beach/ Golden Shores (Customer). AT&T and Customer hereby agree to following terms: 1. Tariffs/Guidebooks. This Agreement is subject to and controlled by the provisions of AT&T's tariffs/guidebooks as applicable and all such revisions to said documents as maybe made from time to time. 2. Special Construction. This Agreement is for the special construction as further described on page 1, attached hereto and incorporated herein by this reference ("Special Construction"). As consideration for the Special Construction, Customer shall pay to AT&T $ 254,133.01 . Advance payment based on estimated cost is required before work will begin for any project estimated to cost $2SK or more. Payment in full for the remaining balance exceeding the advance payment based on actual costs is required within thirty days after AT&T issues an invoice to the Customer for the Special Construction Charges. 3. Price Quote. The price is guaranteed for 60 days from July 14, 2023 If the charges are not accepted within 60 days the request will be canceled and a new request will need to be placed. The second estimate may be higher than the price that was originally quoted. 4. Early Termination. Should Customer terminate or cancel this Agreement prior to the completion of construction, Customer shall remain liable for the Special Construction Charges. Customer acknowledges and agrees AT&T shall incur substantial up -front costs in connection with its performance under this Agreement and that damages in the event of such early termination or cancellation are not readily ascertainable and that in such event of early termination payment of the Special Construction Charges is reasonable. Customer further acknowledges and agrees that it hereby waives any right to contest such payment of the Special Construction Charges for any reason, including, but not limited to reasonableness of the charges, quality of the work, or timeliness of the work. S. Limitation of Liability. AT&T's maximum liability arising in, out of or in any way connected to this Agreement shall be as set forth in the tariffs and/or guidebooks, as applicable, and in no event shall exceed Special Construction Charges paid by Customer to AT&T.