Document xzXzq8aLY6vEKBg0z99G046qJ

Appendix A Agreement No, SC002S0 March 05, L996 PURCHASE ORDER WHEREAS, The Capitol Group ("Customer") and Southwestern Bell Telephone Company ("SWBT") entered into Agreement SC00280 on August 7, 1990 (the "Agreement"); and WHEREAS, Customer and SWBT desire to execute Purchase Order (the "Order") as provided in the Agreement pursuant to which SWBT will perform SERVICES as hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the covenants hereinafter contained, the parties agree as follows: SCOPE OF WORK SWBT will provide Consulting, Engineer and Design (the "SERVICES") for The Capitol Group located at 8000 EH 10 W. San Antonio, Texas 78230 (the "PREMISES"). SWBT will consult with The Capitol Group about current and future communication needs on an as needed basis. This could include time spent in out of town meetings with Engineers and Architects, but does not cover travel expense. A separate bill would be issued for actual travel expenses incurred. This Purchase Order will not exceed Eighty Hours (80) after which a new Purchase Order will be issued. The Capitol Group will be billed in Twenty Hour (20) increments. MATERIAL AND PRICE LIST Item Total Value of Purchase Order Consult, Engineer, Design 80 Hrs @ S 122.00 Per Hour = 59,760.00 IN WITNESS WHEREOF, this Order has been excuted by authorized representatives of the parties hereto, in duplicate, as of the dates set forth below. Accepted: Accepted: The Group Customer Southwestern Bell Telephone Company Date: -N7--S'-ffQ QQ 2 9 2 Q July 17, 199S BOEHM Moses: Re: Requested Copies of Master Contracts We have searched our files at 1010 N. St, Mary's for the master contacts associated with the following NPIC's: X231126 Capital Group in CAPITAL GROUP The 3C231126 P.O. refers to a Master Contract number of MC00103. This is an incorrect contract number. The correct Master Contract number for Capital Group is SCQ0280 with a signature date of S-7-90. We cannot find the Master Contract but have again attached the form titled Auth. to Start esian Work and Obtain Materials signed by Kent Krause, Capital Group's VP, dated 6-27-90. Tess Goodwin Attachments 002921 Agreement No. Page 1 of 2 AUTHORIZATION TO START DESIGN WORK AND ORTAIN HATERfALS d <3J-jq) This agreement is entered into between Southwestern 8e11 Telephone Company ("SW8T"), a Missouri corporation with its principal place of business at 1010 Pine Street, St. Louis, Missouri and The Caoital Group, Inc., with its principal place of business at 13S S. State College 81vd., 8rea, California. Pursuant to this agreement, The Capital Group, Inc., hereby authorizes SW8T to incur the necessary costs of obtaining necessary materials and providing design work for constructing a 80S as described in Exhibit A, attached hereto, and The Capital Group, Inc. agrees to be responsible for any such costs incurred therein. ,8oth parties agree and understand that Exhibit A is for information purposes only and that neither party intends to be bound by any provision or representation contained therein. The sola purpose of this agreement is to authorize and allow SWBT to incur the necessary expenses, on behalf of The Capital Group, Inc. of obtaining material and designing the system in order to provide the timely installation of the BOS if the parties later agree to contract for the sale and/or installation of the system. Specific detailed work permits will be provided prior to any actual work beginning. This authorization expires and terminates September 17, 1990, unless on or before that date: A. The Capital Group, Inc. terminates this authorization by giving written notice to SWBT, or 8. The parties enter into a final agreement; or provision and installation of the 80S or C. The parties mutually agree in writing to change- the expiration date of this authorization. If this authorization is terminated as provided for in subparagraph A) above, SWBT shall, upon receipt of the written notice, cease work immediately. If this authorization terminates other than as provided for in subparagraph 8) above, The Capital Group, Inc. shall pay SWBT all amounts due for design services and materials ordered by SWBT under this authorization. Title to the materials shall pass to The Capital Group, Inc. upon receipt of such payment. If a final agreement as referred to in subparagraph B) above is enteredinto, then any charges for material and design services under this authorization shall be included in calculating the pricing terms of that agreement and the terms and conditions of the final agreement shall supersede this authorization. All notices required under this authorization are to be sent in writing to: TO SWBT: Southwestern Bell Telephone Co. 1010 Market Street St. Louis, Missouri 63101 Attn: Contract Manager-Marketing 002922 Agreement No. Page 2 of 2 To The Capital Group, Inc.: 135 S. State College 81vd. 8rea, California 92621 Attn: Jeff Jedinak Such notice or demand shall be deemed to have been given when received by the other party. The following terms apply to this authorization: USE OF INFORMATION The Capital Group, Inc. shall keep confidential all information, drawings, specifications or data furnished by SW8T to The Capital Group, Inc. in connection with the material, design work or this authorization. DISCLAIMER OF WARRANTY SWBT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, EXCLUDING WARRANTY OF FITNESS FOR THE PARTICULAR INTENDED PURPOSE, AND WARRANTY OF MERCHANTABILITY. ENTIRE AGREEMENT Estimates furnished by SW8T shall not constitute commitments. The terms contained in this authorization, excluding Exhibit A, constitute the entire agreement between SWBT and The Capital Group, Inc. and may not be modified except by a writing signed by SWBT and The Capital Group, Inc. both parties agree and understand that Exhibit A is for information purposes only and that neither party is to be bound by any provision or representation therein. The provisions of this authorization supersede all prior oral and written quotations, communications, agreements, and understandings of the parties in respect of the subject matter of the agreement. IN WITNESS WHEREOF, the foregoing authorization has been executed as indicated by The Capital Group, Inc. acceptance below. Accepted: The Capital Groug. Inc. By: ___ Title: 'W* '? CLa/~od^oA. Date: ------ ^ _______ , S --. 002923