2010-147 ES - Century Link for Embarq 911

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pricing in the Agreement is stated as a percentage discount off of a Schedule rate or list price, the percentage discount is fixed for the Term, but Embarq may modify the underlying rate or list price to which the percentage discount is applied on no less than one day's notice. Changes to Schedules are posted to the Rates and Conditions Website. 3.3 Rate Adjustments.Embarq may impose additional fees, charges or surcharges on Customer to recover amounts that Embarq is required or permitted by governmental or quasi-governmental authorities to collect,or pay to others in support of statutory or regulatory programs, plus a commercially reasonable amount to recover the administrative costs associated with such charges or programs.These charges may include state and federal Carrier Universal Service Charges, compensation to payphone providers, International Mobile Termination Charges,E911,Telephone Relay Service,or Wireless Number Pooling or Wireless Local Number Portability surcharges.Embarq may impose additional charges or surcharges to recover amounts Embarq is charged for terminating or originating a call to other wireless providers. 3.4 Taxes. A. Taxes Not Included. Embarq's rates and charges for Products and Services do not include taxes. Customer will pay all taxes, including, but not limited to, sales, use, gross receipts, excise, VAT, property,transaction,or other local,state,or national taxes or charges imposed on or based upon the provision,sale or use of Products and Services. B. Withholding Taxes.Notwithstanding any other provision of the Agreement,if Customer is required by law to make a deduction or withholding from any amount due to Embarq, Customer must notify Embarq in writing.Embarq will then increase the gross amount of Customer's invoice so that,after Customer's deduction or withholding for taxes,the net amount paid to Embarq will not be less than the amount Embarq would have received without the required deduction or withholding. C. Exclusions.Customer will not be responsible for payment of: (1) Embarq's direct income taxes and employment taxes;and (2) any other tax to the extent that Customer demonstrates a legitimate exemption under applicable law. 4. BILLING AND PAYMENT. 4.1 Invoicing. A. Commencement of Invoicing.Embarq may begin invoicing Customer in full for rates and charges on the later of: (1) the date the Products or Services are installed and made available;or (2) the first day of the first bill cycle after the Effective Date. B. Delays. If Embarq cannot install or make available the Products or Services by the delivery date specified in the Order due to a Customer-caused delay,Embarq may bill Customer as of the delivery date specified in the Order,or if no date is specified,any time 30 days after the Effective Date. C. Recurring Services. For recurring Services and nonrecurring charges, Embarq bills fixed service charges in advance,and usage-based charges in arrears. D. Additional Invoice Information. Customer may make a written request to Embarq for additional invoice-related information, including duplicate invoices, to the extent such information is reasonably available in Embarq's sole discretion. Embarq may charge Customer for such information. Customer may only request information from Embarq for the 12-month period preceding the date of Customer's written request. 4.2 Payment and Late Charges.Customer must pay all undisputed amounts within 30 days from Embarq's invoice date,unless otherwise defined in the Agreement.Customer's payments to Embarq must be in the form of electronic funds transfer(via wire transfer or ACH)or paper check.Other than items subject to a bona fide dispute,Embarq may charge a late fee(up to the maximum rate allowed by law)or take other action to compel payment of past due amounts after written notice to Customer,including suspension or termination of Services, unless prohibited by applicable law or regulation. Service that is suspended or #280902 Page 2 of 10 Rev.12.07