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~~ at&t ~ SPECIAL CONSTRUCTION AGREEMENT Project #: 7334211 Authority: 9MN01035B AT&T Contact: Darren Thomas Customer Name: Jorge Vera Customer Number: 305-792-1701 Work Site Address: Atlantic Avenue from Collins Avenue to the cul-de-sac at 334 Atlantic Avenue, Sunny Isles Beach, FL Telephone #: (305) 690-9691 This Special Construction Agreement ("Agreement") is entered into by and between BellSouth Telecommunications, Inc. d/b/a AT&T Southeast ("AT&T") and City of Sunny Isles Beach ("Customer"). AT&T and Customer hereby agree to the following terms and conditions: I. Tariffs. This Agreement is subject to and controlled by the provisions of AT&T's tariffs including but not limited to Section AS of the General Subscriber Services Tariff and Section BS of the Private Line Services Tariff and all such revisions to said tariffs as may be made from time to time. 2. Special Construction. This Agreement is for the special construction as further described on Exhibit 1, attached hereto and incorporated herein by this reference ("Special '" Construction"). As consideration for the Special Construction, Customer shall pay to A T& T ----:r $106,575.05 - Quotation charge already subtracted ("Special Construction Charges"). Payment in full is required within thirty days after AT&T issues an invoice to the Customer for the Special Construction Charges. Payment shall be made by mail to AT&T's offices at 600 North Pointe Parkway; Alpharetta, Ga., 30005, or to such other address as AT&T may designate, in writing. Should Customer fail to pay any invoice within thirty days, Customer shall be liable for late payment and interest charges, and for all reasonable costs of collection, including attorney's fees, and AT&T may suspend or deny any services which are dependent upon the Special Construction, until any outstanding balance related to the Special Construction Charges is paid in full. 3. 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. 4. 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 in no event shall exceed Special Construction Charges paid by Customer AT&T. 5. Severability. A.ny provision of this Agreement held by a court of competent jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder of this Agreement and the effect thereof shall be confined to the provision so herd to be invalid or unenforceable. 6. Successors and Assi~ns. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Exhibit "A"