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These Standard Terms and Condition are not applicable to Embarq services governed by Tariffs on file with <br /> the FCC or state regulatory authorities.Tariffs are located at www.embarq.com/ratesandeonditions. <br /> EMBARQ STANDARD TERMS AND CONDITIONS <br /> FOR COMMUNICATIONS SERVICES <br /> ("STANDARD TERMS AND CONDITIONS") <br /> 1. GENERAL. <br /> 1.1 Applicability.These Standard Terms and Conditions contain general provisions that apply to all retail <br /> business Products and Services that an Embarq-affiliated entity provides. "Agreement" refers to the <br /> terms and conditions under which Customer purchases Embarq Products and Services, including all <br /> attachments,these Standard Terms and Conditions,documents incorporated by reference, and all related <br /> Order(s). Other capitalized terms are defined in this document or in the applicable Schedules or Product <br /> and Service-specific Annexes. <br /> 1.2 Additional Terms and Conditions. Customer's purchase and use of Products and Services is also <br /> governed by product and service-specific terms and conditions found in the applicable Schedules <br /> and Product and Service-specific Annexes, posted to http://www.embara.coin/ratesandconditions <br /> (the"Rates and Conditions Website"). <br /> 1.3 Local Governments and Programs. <br /> A. Local Government Customers. Unless specified otherwise, purchases of Products or Services by <br /> local governmental entities also are subject to the Embarq Government Customer Annex posted to <br /> the Rates and Conditions Website. <br /> B. Universal Service Administrative Company Programs. Customers seeking funds through <br /> Universal Service Administrative Company programs such as the Schools and Libraries Program of <br /> the Universal Service Fund ("E-Rate Program"), the Rural Health Care Program of the Universal <br /> Service Fund ("RHC Program"), or state or local corollaries to the E-Rate Program or the RHC <br /> Program are subject to applicable program annexes posted to the Rates and Conditions Website. <br /> 1.4 Conflicts Provision. If a conflict exists among provisions within the Agreement, specific terms will <br /> control over general provisions, and negotiated or added terms, conditions or pricing will control over <br /> standardized,posted or non-negotiated terms,conditions and pricing. <br /> 2. TERM. "Term" or "Agreement Term" refers to the period defined in the Agreement during which Embarq <br /> provides Products and Services to Customer.These Standard Terms and Conditions and relevant Schedules and <br /> Product and Service-specific Annexes apply from the Effective Date until the Term expires or terminates. <br /> Embarq will not accept Orders for Products and Services after expiration of the Term,but these Standard Terms <br /> and Conditions and relevant Schedules or Product and Service-specific Annexes will continue to apply to <br /> Orders properly placed during the Term. If Customer continues to use Embarq maintenance, managed, or <br /> professional Services following the termination or expiration of the Term or an Order issued during the Term <br /> for such Services, Embarq may, at its sole discretion, provide those Services on a time and material basis at <br /> Embarq's then-current rates without applying any discounts or credits under the Agreement,but these Standard <br /> Terms and Conditions and the Time and Materials Product Annex (posted to <br /> www.emba�.com/ratesandconditions)will govern Embarq's provision of such Services. <br /> 3. CHARGES. <br /> 3.1 Embarq Charges. Customer will pay Embarq the rates and charges for Products and Services set forth <br /> in the Agreement and any Order under the Agreement,including all charges associated with establishing <br /> Customer's Products and Services or related to Embarq's installation or provisioning costs. <br /> 3.2 Fixed Rates and Percentage Discounts. Except as expressly stated otherwise in the Agreement, rates <br /> and charges that are stated as a flat or fixed recurring or non-recurring charge will not change during the <br /> Term if Embarq increases or decreases the list rate in a Schedule or price list.Rates and charges not fixed <br /> in the Agreement will be based on current Schedules or price lists and may change during the Term. If <br /> #280902 Pagel of 10 Rev.12.07 <br />