{"id":42092,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/at-amp-t-internet-services-general-agreement-at-amp-t-corp-and.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"at-amp-t-internet-services-general-agreement-at-amp-t-corp-and","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/at-amp-t-internet-services-general-agreement-at-amp-t-corp-and.html","title":{"rendered":"AT&T Internet Services General Agreement – AT&T Corp. and Lois Inc."},"content":{"rendered":"
\n                            AT&T INTERNET SERVICES\n                               GENERAL AGREEMENT\n\n--------------------------------------------------------------------------------\nCustomer Name ('Customer')               AT&T\n                                         Internet Services Contract Management\nLois, Inc.\n--------------------------------------------------------------------------------\nAddress                                  Address\n105 north 28th                           55 Corporate Drive, Room - 32B15\nvan buren, ar 72956                      Bridgewater, NJ 08807\n--------------------------------------------------------------------------------\n\nThis Agreement consists of this Cover Sheet, the attached General Terms and\nConditions and all Service Attachments ('Attachments') indicated below\n(collectively, this 'Agreement').  In the event of conflict between the General\nTerms and Conditions and any Attachment, the Attachment shall take precedence.\n\nThis Agreement shall become effective when signed by both parties and shall\ncontinue in effect for as long as any Attachment remains in effect, unless\nearlier terminated in accordance with the provisions of the Agreement.  The term\nof each Attachment is stated in the Attachment.\n\n\nCAPTION>\n==================================================================================================================================\n                                                       SERVICE(S) ORDERED\n==================================================================================================================================\n                                                              \n[_]  AT&T WorldNet(R) Managed Internet Service                  All of the following services must be accompanied with an AT&T Web\n[_]  AT&T WorldNet(R) Managed Internet Service - Burstable      Site Services Attachment                            \n     Service                                                    [_]  AT&T Easy World Wide Web(R) Service ('EW3')     \n[_]  AT&T WorldNet(R) Enhanced Fax Service                      [_]  AT&T Easy World Wide Web(R) Service ('EW3' Basic)            \n[_]  AT&T WorldNet(R) Asynchronous Service                      [_]  AT&T Easy World Wide Web(R) Service ('EW3' Basic for Alternate\n[_]  AT&T WorldNet(R) Virtual Private Network Service                Channel)                                                     \n[_]  AT&T WorldNet(R) Business Dial Service                     [_]  AT&T Enhanced Web Development Package ('EWDP')               \n                                                                [_]  AT&T Dedicated Hosting Service - Level 1                     \n                                                                [_]  AT&T Dedicated Hosting Service - Level 2                     \n                                                                [_]  AT&T SecureBuy(SM) Service                                    \n                                                                [_]  AT&T interactiveAnswers(SM) Service                           \n                                                                [_]  AT&T Web Site Service eCommerce Suite                         \n==================================================================================================================================\n\n\n--------------------------------------------------------------------------------\nCUSTOMER'S SIGNATURE BELOW ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS\nEACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREES TO BE BOUND BY\nTHEM.\n--------------------------------------------------------------------------------\n\nCUSTOMER:                               AT&T CORP.\n\n\nBy:  \/s\/ Kyle Parker                    By:  \/s\/ Yolanda Wilson\n    -------------------------------         ------------------------------------\n    (Authorized Signature)                       (Authorized Signature)\n\n\nKyle Parker                             Yolanda Wilson\n-----------------------------------     ----------------------------------------\n(Typed or Printed Name)                 (Typed or Printed Name)\n\n\nC.E.O.                                  Contract Manager\n-----------------------------------     ----------------------------------------\n(Title)                                 (Title)\n\n\n12-8-98                                 12\/21\/98\n-----------------------------------     ----------------------------------------\n(Date)                                  (Date)\n\n501-471-5581\n-------------\n(Telephone #)\n\n                           SALES TRACKING INFORMATION\n\n\n------------------------------------------------------------------------------------------------------ \n    AT&T SALES REPRESENTATIVE INFORMATION                   AT&T AUTHORIZED AGENT INFORMATION\n======================================================================================================\n                                                 \nBRANCH MANAGER:         Joe Houawcak                  NAME:\n------------------------------------------------------------------------------------------------------ \nNAME:                   Joice Vinsant                 COMPANY NAME:\n------------------------------------------------------------------------------------------------------\nPHONE NUMBER:           501-474-6520                  PHONE NUMBER:\n------------------------------------------------------------------------------------------------------\nE-MAIL:                 Jvinsant@ATT.com              E-MAIL:\n------------------------------------------------------------------------------------------------------\nADDRESS:                7600 I 30                     ADDRESS:\n                        Little Rock, AR  72209  \n------------------------------------------------------------------------------------------------------\nSALES STRATA:           Commercial                    AGENT CODE:\n------------------------------------------------------------------------------------------------------\nSALES REGION:           Southern\n-------------------------------------------------\n\n\n \n                            AT&T INTERNET SERVICES\n                               GENERAL AGREEMENT\n\nThe following terms and conditions shall apply to the provisions and use of the\nproducts and services (individually a 'Service') provided pursuant to the\nAttachments.\n\n1.0  DEFINITIONS\n\n1.1  'Affiliate' of a party means any entity that controls, is controlled by or\nis under common control with such party, and, in the case of AT&T, also means\nany entity which AT&T has authorized under contract to offer any Service or part\nof any Service.\n\n1.2  'Content' means information made available, displayed or transmitted in\nconnection with a Service (including, without limitation, information made\navailable by means of an HTML, 'hot link', a third party posting or similar\nmeans) including all trademarks, service marks and domain names contained\ntherein as well as the contents of any bulletin boards or chat forums and, all\nupdates, upgrades, modifications and other versions of any of the foregoing.\n\n1.3  'User' means anyone whom CUSTOMER, allows, by action or omission, to use\nor access any Service including, without limitation, CUSTOMER'S Affiliates.\n\n2.0  CHARGES AND BILLING\n\n2.1  CUSTOMER shall pay AT&T for its and Users' use of the Services at the rates\nand charges specified in the Attachments, without deductions, setoff or delay\nfor any reason, including circumstances arising under any other Attachment.\nCharges set forth in the Attachments are exclusive of any applicable taxes.\nCUSTOMER may be required to pay a deposit before Services are provided or as\nspecified in Section 10.1.\n\n2.2  CUSTOMER shall pay all shipping charges, taxes (excluding those on AT&T's\nnet income (and other similar charges (and any related interest and penalties)\nrelating to the sale, transfer of ownership, installation, license, use or\nprovision of the Services, except to the extent a valid tax exemption\ncertificates is provided by CUSTOMER to AT&T prior to the delivery of Services.\n\n2.3  Payment is due within 30 days after the date of invoice and shall refer to\nthe invoice number.  Restrictive endorsements or other statements on checks\naccepted by AT&T will not apply.  CUSTOMER shall reimburse AT&T for all costs\n(including reasonable attorney fees) associated with collecting delinquent or\ndishonored payments.  At AT&T's option, interest charges may be added to any\npast due amounts at the lower of 1.5% per month or the maximum rate allowed by\nlaw.\n\n3.0  RESPONSIBILITIES OF THE PARTIES\n\n3.1  AT&T shall provide Services to CUSTOMER in accordance with the terms and\nconditions and at the charges specified in this Agreement.\n\n3.2  CUSTOMER represents and warrants that its and User's use of the Services\nand the Content will at all times comply with all applicable laws, regulations\nand written and electronic instructions for use.  CUSTOMER shall promptly\nresolve all claims by anyone that CUSTOMER'S or Users' use or Content violate\nany laws or regulations.  AT&T reserves the right to terminate affected\nAttachments, suspend affected Services and\/or remove CUSTOMER or Users' Content\nfrom the Services if AT&T (i) determines, in its sole discretion, that AT&T's\npublic image, reputation or goodwill will be adversely affected or that such use\nor Content does not conform with the requirements set forth in this Agreement,\nor that AT&T could be subject to liability; or (ii) receives notice from anyone\nthat CUSTOMER's or Users' use or Content may violate any laws or regulations.\nAT&T's actions or inaction under this Section shall not constitute review or\napproval of CUSTOMER's or Users' use or Content.\n\n3.3  AT&T grants to CUSTOMER the right to permit Users to access and use the\nServices, provided that CUSTOMER shall remain solely responsible for such access\nand use and shall defend, indemnify and hold harmless AT&T from and against all\nDamages (including, without limitation, reasonable attorney fees), whether or\nnot arising out of third-party claims and regardless of the form of action,\nwhether in contract, tort, strict liability or otherwise, concerning or relating\nto:  any noncompliance by CUSTOMER or Users with any provision of this\nAgreement; negligent acts or omissions by CUSTOMER or Users; CUSTOMER's or\nUsers' Content or use of the Services (including, without limitation,\ninfringement of any personal or property rights); and claims by any User or\nbusiness affiliate of Customer relating to any Service failure, defect or\noutage.\n\n3.4  Except to the extent required by law or expressly permitted in an\nAttachment, CUSTOMER may not resell any Services.\n\n4.0  USE OF INFORMATION\n\n4.1  All documentation, technical information, Software, business information,\nproposals for new Services or other materials that are disclosed by either party\nto the other in the course of performing this Agreement shall be considered\nproprietary information ('INFORMATION') of the disclosing party, provided such\ninformation is in written or other tangible form that is clearly marked as\n'proprietary' or 'confidential', or is disclosed orally and is both identified\nas proprietary or confidential at the time of disclosure and summarized in a\nwriting so marked within 15 business days following the oral disclosure.  This\nAgreement shall be deemed to be AT&T INFORMATION.\n\n4.2  Each party's INFORMATION shall, for a period of 3 years following its\ndisclosure (except in the case of Software, for an indefinite period):  (i) be\nheld in confidence; (ii) be used only for purposes of performing this Agreement\nand using the Services; and, (iii) not be disclosed except to the receiving\nparty's employees, agents and contractors having a need-to-know (provided that\nsuch agents and contractors are not direct AT&T competitors and agree in writing\nto use and disclosure restrictions as restrictive as this Article 4) or to the\nextent required by law.\n\n4.3  The restrictions in Section 4.2 shall not apply to any information that:\n(i) is independently developed by the receiving party; or (ii) is lawfully\nreceived by the receiving party free of any obligation to keep it confidential;\nor (iii) becomes generally available to the public other than by breach of this\nAgreement.\n\n4.4  CUSTOMER authorizes AT&T to:  (i) monitor and record calls and\ntransmissions using the Services and callas or transmissions to AT&T concerning\nthe Services in order to detect fraud, check quality and operate, maintain and\nrepair the Services; and (ii) disclose such information to the extent AT&T deems\nit is legally required.\n\n5.0  PUBLICITY AND MARKS\n\n5.1  No public statements or announcements relating to this Agreement shall be\nissued by either party without the prior written consent of the other party.\n\n5.2  Each party agrees not to display or use, in advertising or otherwise, any\nof the other party's trade names, logos, trademarks, service marks or other\nindicia or origin (collectively, 'Marks') without the other party's prior\nwritten consent, provided that such consent may be revoked at any time and\nconsent to use AT&T's Marks can only be granted by the AT&T Vice President,\nCorporate Identity.\n\n6.0  SOFTWARE\n\n6.1  AT&T grants CUSTOMER a personal, non-transferable and non-exclusive license\n(without the right to sublicense) to use, in object code form, all software and\nassociated written and electronic documentation and data furnished pursuant to\nthe Attachments (collectively, the 'Software'), solely in connection with the\nServices and solely in accordance with applicable written and electronic\ndocumentation.  CUSTOMER will refrain from taking any steps to reverse assemble,\nreverse compile or otherwise derive a source code version of the Software.  The\nSoftware shall at all times remain the sole and exclusive property of AT&T or\nits suppliers.  'Third-Party Software' means Software that bears a copyright\nnotice of a third party.  'AT&T Software' means all Software other than Third-\nParty Software.'\n\n6.2  CUSTOMER shall not copy or download the Software, except to the extent\nexpressly provided otherwise in the applicable documentation for the Service or\nin a writing signed by AT&T.  Any copy must contain the same copyright notices\nand proprietary markings as the original Software.\n\n6.3  CUSTOMER shall ensure that its employees and Users comply with the terms\nand conditions of this Article 6.\n\n6.4  The term of the license granted hereunder shall be coterminous with the\nAttachment which covers the Software.\n\n6.5  CUSTOMER agrees to comply with any additional restrictions that are\nprovided with any Third-Party Software.\n\n6.6  AT&T warrants that all AT&T Software will perform substantially in\naccordance with its applicable published specifications during a warranty period\nof ninety (90) days beginning on the date of delivery of the AT&T Software to\nCUSTOMER.  If CUSTOMER returns to AT&T, within the 90-day warranty period, any\nAT&T Software that does not comply with this warranty, then AT&T, at its option,\nwill either repair or replace the portion of the AT&T Software that does not\ncomply or refund the amount paid by CUSTOMER for such failed or defective AT&T\nSoftware.  This warranty will apply only if the AT&T Software is used in\naccordance with the terms of this Agreement and is not altered, modified or\ntampered with by CUSTOMER or Users.\n\n7.0  DISPUTE RESOLUTION\n\n7.1  Except as described in Section 7.3, all disputes, controversies or claims,\nwhether based in contract, tort, statute, fraud, misrepresentation or any other\nlegal theory, arising out of or relating to this Agreement and the Services\nprovided under this Agreement (collectively, 'Disputes'), not resolved amicably\nbetween the parties shall be settled by final and binding arbitration conducted\nin New York or other mutually agreed location by one neutral arbitrator, in\naccordance with this Agreement and the then current Commercial Arbitration Rules\nof the American Arbitrator Association ('AAA').  The arbitrability of Disputes\nshall also be determined by the arbitrator.  Each party shall bear its own\nexpenses and the parties shall equally share the filing and other administrative\nfees of the AAA and the expenses of the arbitrator.  Any award of the arbitrator\nshall be in writing and shall state the reasons for the award.  Judgment upon an\naward may be entered in any Court having competent jurisdiction.  The arbitrator\nshall not have the power to award any damages in excess of the liability\nlimitations set forth in this Agreement, including any Attachment.  The\narbitrator shall not have the power to order pre-hearing discovery of documents\nor the taking of depositions, but may compel attendance of witnesses and the\nproduction of documents at the \n\n \n                            AT&T INTERNET SERVICES\n                               GENERAL AGREEMENT\n\nhearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern\nthe interpretation and enforcement of this Section 7.1.\n\n7.2    The parties, their representatives and participants and the arbitrator\nshall hold the existence, content and result of the arbitration in confidence,\nexcept to the limited extent necessary to enforce a final settlement agreement\nor to obtain or enforce a judgment on an arbitration decision and award.\n\n7.3    Disputes relating to:  (i) matters that are subject to the primary\njurisdiction of the FCC, a state public utility commission or other\nadministrative agency, or (ii) non-compliance with Articles 4, 5 or 6 of this\nAgreement, a violation of which would cause irreparable harm for which damages\nwould be inadequate; or (iii) billing or payment of charges under an Attachment;\nor (iv) Software, technology or other intellectual property; shall be exempt\nfrom the binding arbitration requirement described in Section 7.1. As to\nDisputes described in this Section 7.3, the claimant reserves the right to seek\nrelief from an administrative agency having primary jurisdiction or a court of\ncompetent jurisdiction, as appropriate.\n\n8.0    FORCE MAJEURE\n\nNeither AT&T nor Customer shall be liable for any delay, failure in performance,\nloss or damage due to:  fire, explosion, power blackout, earthquake, flood, the\nelements, strike, embargo, labor disputes, acts of civil or military authority,\nwar, acts of God, acts or omissions of carriers, or suppliers, acts of\nregulatory or governmental agencies, or other causes beyond such party's\nreasonable control, whether or not similar to the foregoing, except that\nCUSTOMERS's obligation to pay for charges incurred shall not be excused.\n\n9.0    LIMITATIONS OF LIABILITY\n\n9.1    For purposes of Section 3.3, and Articles 8 and 9 and all other exclusive\nremedies and limitations of liability set forth in this Agreement or any\nAttachment, 'AT&T' shall be defined as AT&T, its Affiliates, and its and their\nemployees, directors, officers, agents, representatives, subcontractors,\ninterconnection service providers and suppliers; and 'Damages' will refer\ncollectively to all injury, damage, liability, loss, penalty, interest and\nexpense incurred.\n\n9.2    AT&T'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDIES AGAINST AT&T,\nFOR ANY DAMAGES CAUSED BY ANY SERVICE DEFECT OR FAILURE, OR FOR OTHER CLAIMS\nARISING IN CONNECTION WITH ANY SERVICE OR THIS AGREEMENT SHALL BE:\n\n(i)    FOR BODILY INJURY OR DEATH TO ANY PERSON NEGLIGENTLY CAUSED BY AT&T,\nCUSTOMER'S RIGHT TO PROVEN DIRECT DAMAGES;\n\n(ii)   FOR DEFECTS OR FAILURES OF SOFTWARE, THE REMEDIES SET FORTH IN SECTION\n6.6;\n\n(iii)  FOR DAMAGES OTHER THAN THOSE SET FORTH ABOVE AND NOT EXCLUDED UNDER THIS\nAGREEMENT OR ANY ATTACHMENT, AT&T'S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT\nDAMAGES NOT TO EXCEED PER CLAIM (OR IN THE AGGREGATE DURING ANY TWELVE-MONTH\nPERIOD) THE TOTAL NET PAYMENTS MADE BY CUSTOMER FOR THE APPLICABLE SERVICE UNDER\nTHE APPLICABLE ATTACHMENT DURING THE 12 MONTHS PRECEDING THE MONTH IN WHICH THE\nDAMAGE OCCURRED.\n\n9.3    IN NO EVENT SHALL AT&T BE LIABLE FOR ANY INDIRECT, INCIDENTAL,\nCONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT\nLIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OF ANY KIND\nOR INCREASED COST OF OPERATIONS, WHETHER OR NOT AT&T HAS BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES.\n\n9.4    AT&T ALSO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING\nTO:  SERVICE INTERRUPTIONS; LOST OR ALTERED MESSAGES OR TRANSMISSIONS;\nINTEROPERABILITY, INTERACTION OR INTERCONNECTION PROBLEMS WITH APPLICATIONS,\nEQUIPMENT SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR,\nUNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S,\nUSERS' OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION,\nNETWORK OR SYSTEMS.\n\n9.5    EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AT&T MAKES NO WARRANTIES,\nEXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY\nARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. AT&T DOES\nNOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE\nSERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICES WILL PREVENT\nUNAUTHORIZED ACCESS BY THIRD PARTIES.  AT&T DOES NOT AUTHORIZE ANYONE TO MAKE A\nWARRANTY OF ANY KIND ON ITS BEHALF AND CUSTOMER SHOULD NOT RELY ON ANYONE MAKING\nSUCH STATEMENTS.\n\n9.6    THE LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE 9 AND IN ANY\nATTACHMENT SHALL APPLY:  (i) REGARDLESS OF THE FORM OF ACTION, WHETHER IN\nCONTRACT, TORT, STRICT LIABILITY OR OTHERWISE; AND (ii) WHETHER OR NOT DAMAGES\nWERE FORESEEABLE.  THESE LIMITATIONS OF LIABILITY SHALL SURVIVE  FAILURE OF ANY\nEXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT.\n\n9.7    This Agreement does not expressly or implicitly provide any third party\n(including Users) with any remedy, claim, liability, reimbursement, cause of\naction or other right or privilege.\n\n10.0    TERMINATION\n\n10.1    If a party fails to perform or observe any material term or condition of\nthis Agreement and the failure continues unremedied for 30 days after receipt of\nwritten notice, the other party may terminate for cause any Attachment affected\nby the breach.  If CUSTOMER fails to pay any charge when due and such failure\ncontinues unremedied for ten days after written notice by AT&T, AT&T may, at its\noption, terminate affected Attachments, suspend Service under affected\nAttachments, require a deposit under any or all Attachments as a condition of\ncontinuing to provide Services and\/or terminate this entire Agreement.\n\n10.2   An Attachment may be terminated immediately upon written notice by: (i)\neither party if the other party has violated the other's Marks, becomes\ninsolvent or involved in a liquidation or termination of its business, files a\nbankruptcy petition, has an involuntary bankruptcy petition filed against it (if\nnot dismissed within 30 days of filing), becomes adjudicated bankrupt, or\nbecomes involved in an assignment for the benefit of its creditors; (ii) AT&T\npursuant to Section 3.2 or in the event of a material breach of any provision of\nArticle 6; or (iii) either party if mandated by governmental or regulatory\nauthority.\n\n10.3   CUSTOMER shall be responsible for payment of all charges under a\nterminated Attachment incurred as of the effective date of termination. CUSTOMER\nshall also be liable to AT&T for termination Charges, as specified in a\nterminated Attachment, in the event that AT&T terminates under Section 10.1,\n10.2(i) or (ii), or CUSTOMER terminates without cause\n\n10.4   Termination by either party of an Attachment does not waive any other\nrights or remedies it may have under this Agreement.\n\n10.5   Except as provided under Section 10.1, termination or suspension of an\nAttachment shall not affect the Services provided or the rights and obligations\nof the parties under any other Attachment.\n\n11.    GENERAL PROVISIONS\n\n11.1   Any supplement, modification or waiver of any provision of this Agreement\nor any Attachment must be in writing and signed by authorized representatives of\nboth parties.\n\n11.2   This Agreement may not be assigned by either party without the prior\nwritten consent of the other, except that AT&T may, without CUSTOMER's consent,\nassign this Agreement or any Attachment to a present or future Affiliate or\nsuccessor and may assign its right to receive payments.  AT&T may subcontract\nwork to be performed under this Agreement, but shall retain responsibility for\nall such work.\n\n11.3   If any portion of this Agreement is found to be invalid or unenforceable,\nthe remaining provisions shall remain in effect and the parties shall promptly\nbegin negotiations to replace invalid or unenforceable portions that are\nessential parts of this Agreement.\n\n11.4   Any initial demand for arbitration pursuant to Section 7.1 and any legal\naction arising in connection with this Agreement must begin within two years\nafter the cause of action arises.\n\n11.5   All notices under this Agreement shall be in writing and either mailed by\ncertified or registered mail, postage prepaid return receipt requested, sent by\nexpress courier or hand delivered and addressed to each party at the address set\nforth on the front of this Agreement or, if the notice relates to a specific\nAttachment, the address set forth in such Attachment, or, in any case, such\nother address a party designates in writing.\n\n11.6   The construction, interpretation and performance of this Agreement shall\nbe governed by the substantive law of the State of New York, excluding its\nchoice of law rules and the United Nations Convention on Contracts for\nInternational Sale of Goods.\n\n11.7   The respective obligations of CUSTOMER and AT&T which by their nature\nwould continue beyond the termination or expiration of this Agreement or any\nAttachment shall survive termination or expiration of this Agreement or any\nAttachment.\n\n11.8   With respect to any indemnification obligations under this Agreement: (i)\nthe indemnified party will notify the indemnifying party in writing promptly\nupon learning of any claim or suit for which indemnification may be sought;\nprovided that failure to do so shall not affect the indemnity except to the\nextent the indemnifying party is prejudiced thereby; (ii) the indemnifying party\nshall have control of the defense or settlement, provided that the indemnified\nparty shall have the right to participate in such defense or settlement with\ncounsel of its own selection and at its sole expense; (iii) the indemnified\nparty shall\n\n \n                            AT&T INTERNET SERVICES\n                               GENERAL AGREEMENT\n\n\nreasonably cooperate with the defense, at the indemnifying party's expense; and\n(iv) the indemnifying part shall not, without the indemnified party's express\nprior written consent, make any admission or stipulation, or consent to any\nsettlement agreement or injunctive or non-monetary relief which could adversely\naffect any indemnified party.\n\n11.9   THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH\nRESPECT TO THE SERVICES TO BE PROVIDED HEREUNDER.  THIS AGREEMENT SUPERSEDES ALL\nPRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS, STATEMENTS OR UNDERSTANDINGS,\nWHETHER WRITTEN OR ORAL, CONCERNING SUCH SERVICES OR THE RIGHTS AND OBLIGATIONS\nRELATING TO THOSE SERVICES.  THIS AGREEMENT SHALL NOT BE CONTRADICTED, EXPLAINED\nOR SUPPLEMENTED BY ANY WRITTEN OR ORAL STATEMENTS, PROPOSALS, REPRESENTATIONS,\nADVERTISEMENTS, SERVICE DESCRIPTIONS OR CUSTOMER PURCHASE ORDER FORMS NOT\nEXPRESSLY SET FORTH IN THIS AGREEMENT OR AN ATTACHMENT.\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6783],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9613,9620],"class_list":["post-42092","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-at-t-corp","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-operations","corporate_contracts_types-operations__services"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42092","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42092"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42092"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42092"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42092"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}