Agmt15 U.S. TelePacific Corp. - Laserfiche WebLink

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�Te%Pacifi�_c_" ' Terms and Conditions Page 7 of 7 �0 M M U N I C A.,o N. . copy to the other party), a copy of this Agreement and the administrative fee required by the AAA n.�les to the AAA office serving the Arbitration Site. The remaining cost of the arbitration shall be shared equally by the parties unless the arbitration award provides otherwise. Each party shall bear the cost of preparing and presenting its case in an arbitration, unless the a�bitration award provides othenroise. You and we agree to undertake all reasonable steps to expedite the arbitration process. One arbitrator will be appointed in accordance with the AAA rules within 30 calendar days of the submission of the demand for arbitration. The arbitrator wiii designate the time and place for the Arbitration within 30 days of appointment. The parties agree that the arbitratoPs authority to grant retief shall be subject to the provisions of this Agreement, our applicable tariffs, if any,and any other applicable law. The arbitrator shall not be entitled to award, nor shall either party be entitled to receive, punitive, incidental, exemplary, consequential, reliance or special damages, induding damages for lost profits. The arbitrato�'s decision shall follow the plain meaning of this Agreement and shall be final, binding and enforceable in a cou�t of competent jurisdiction. The parties waive any right to trial by jury and to participate in or initiate class actions; if the parties cannot waive these rights,this entire section is null and void. (e)Entire Agreement and Modifications.This Agreement and all other documents specifically referred to in this Agreement constitute the entire and final agreement and understanding between you and us with respect to the subject matter of this Agreement and supersede all prio�ag�eements relating to such subject matter,which are of no further force or effect. Any and all exhibits referred to in this Agreement are integral parts of this Agreement and are made a pa�t of this Agreement.This Agreement may only be maiified or supplemented by an instrument in writing executed by both your and our duly authorized representatives or by a written notice of change pursuant to section 1(b) hereof. (�Severability. If any provision of this Agreement is held to be invalid or unenforceable by a cou�t or administrative agency with jurisdiction over the Services, such provision shall be deemed amended to the minimum extent necessary to render it enforceable. (g)Headings. The headings used in this Agreement are for convenience only and do not in any way limit or otherwise affect the meaning of any of the terms. (h)Waiver. Under no circumstances shall either party's failure to enforce any provision of this Agreement in any particular instance be construed as a waiver of that provision. (i)Notices. All notices from you to us must be in writing and delivered by certified mail, return receipt requested or by Federal Express or other similar expedited delivery service to: U.S.TelePac�c Corp., Attn. General Counsel, 515 S. Flower Street,47�'Floor, Los Angeles,CA 90071-2201. If you are notifying us that you do not wish to renew Services, your written notice may be by a letter delivered in that manner or by an email to: retentionCc�telepacific.com . (j.) Limitation on Actions. Any legal action arising in connection with this Agreement must begin within finro(2)years after the cause of action arises. 7. Service Guarantee Notwithstanding anything to the contrary contained in this Agreement, you may terminate this Agreement without any further obligation if the Services we provide are not substantially performing up to industry standards during the�rst 90 days the Services are available for your use. If you elect to terminate the Agreement pursuant to this guarantee,we will reimburse you for all reasonable costs you incurred to re- establish service with your previous service provider not to exceed the amount that you paid to us for installation of the Services.This Service Guarantee only applies if: (a)the cause of the Service deficiency was within our reasonable control; (b)you ordered at least the amount of Services that we recommended to meet your traffic volumes; (c)you give us written notice of the deficiency within the first ninery(90)days after we notified you the Services are available for your use, and(d)we fail to correct the Service deficiency within fifteen(15)days after receiving written notice from you of the deficiency. v082313 ATTY/AGR.2015.186/Telepacific Telephone Lines