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1 r. <br /> 110 <br /> i y... <br /> • <br /> General Telephone Company of California <br /> COIN TELEPHONE NO.3 7 7- <br /> PUBLIC <br /> PUBLIC COMMUNICATIONS <br /> PAY TELEPHONE AGREEMENT <br /> Aar_ <br /> (CUSTOMER BUSINESS NAME) <br /> ("Customer")and General Telephone Company of California("GTC")agree as follows: <br /> 1. Customer grants GTC permission to install aptcl ma'ntain ublic/semi•publ' communica- <br /> tions services and related equipme t("Services")at .3 G 9 ' A <br /> Rai t , go. 7 ("Premises"). GTC shall have the right of access to the Premises <br /> during normal business hours(including at least 8:00 a.m.through 5:00 p.m.Monday through Friday)for <br /> the purposes of inspecting,repairing,maintaining,replacing and removing such services and equipment <br /> and collecting coins therefrom. <br /> 2. Customer warrants that Premises are owned or leased by him and that he has the authority to <br /> enter into this agreement. The customer shall notify GTC, in writing, within 2 business days, if he <br /> relinquishes or otherwise loses this authority or vacates the Premises.Customer hereby agrees to release, <br /> defend and indemnify GTC from any loss,cost,damage,expense,or liability arising in connection with the <br /> performance of this agreement and caused in whole or in part by the lack of authority or acts or omissions, <br /> negligent or otherwise,of Customer,regardless of the negligence of GTC or its agents or servants,except <br /> when such loss, cost, damage, expense or liability is shown to arise from the sole negligence or willful <br /> misconduct of GTC. <br /> 3. GTC and the Customer have agreed on the location(s)of the Service.GTC will place signage, <br /> as it deems appropriate, directing individuals to the public/semi-public telephone(s) at the Premises. <br /> Should Customer remodel the Premises in the vicinity of any Service, he shall give GTC 15 days notice <br /> before commencing work. GTC may move, remove, or take any other action with regard to the affected <br /> Service which it deems appropriate. <br /> 4. GTC shall not be liable to Customer, and Customer shall hold GTC harmless from any <br /> liability to others,for alteration or defacement of the Premises,including holes,wall openings,conduits, <br /> bolts,or wiring required in the installation/removal of the Services or damages to the Services or to the <br /> Premises caused by vandalism. .• <br /> 5. Where deemed necessary by GTC, GTC may, at its expense, install, or arrange to have <br /> installed,bumper posts and/or concrete pad(s)with anchor bolts in conjunction with the Services.Title to <br /> such installations shall vest in Customer. <br /> 6. GTC will provide a periodic cleaning of outdoor boothing facilities. The Customer will also <br /> keep the service(s) and vicinity unobstructed, clean and sanitary. As required, the Customer shall (a) <br /> provide at his expense,uninterrupted electrical power to illuminate the boothing facilities and any lighted <br /> telephone sign,(b)report promptly to GTC repair service(6U or other such number as GTC may designate) <br /> the failure of the service(s),destruction of or any damage to the service(s),or any condition which would <br /> make unsafe or otherwise adversely affect the use of the service(s). In the case of unsafe conditions in or <br /> around the service(s), the Customer shall immediately take all necessary and reasonable measures to <br /> protect the public,includingbut not limited to,posting warnings and preventing access. <br /> 7. If,for whatever reason other than accidental fire or natural disaster,Customer fails to provide <br /> GTC access to Services on the Premises for thirty(30)days after demand,Customer shall promptly pay GTC <br /> the replacement cost of the equipment,facilities and other property related to such Services. <br /> MS 2676(2.86) <br />