ORDER NO. 30686 CELL PHONE CONTRACT WITH FIVE STAR WIRELESS Came to be heard this the 14th day of January, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Oehler. The Court unanimously approved by vote of 3-0-0 to: Approve the cell phone contract with Five Star Wireless for all Kerr County officials and employees (excluding law enforcement), and authorize the County Judge to sign same. ~ a~ 3ve~:~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Judge Tinley OFFICE: County Judge MEETING DATE: January 14, 2008 TIME PREFERRED: SUBJECT: Consider, discuss, and take appropriate action to approve cell phone contract with Five Star Wireless for all Kerr County officials and employees (excluding law enforcement) and authorize the County Judge to sign the same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. All Agenda Requests will be screened by the County Judge's. Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Kerr County Cell Phone service contract addendum January 2008 '~r+' language inserted by judge to the effect that the contract conditions prevail over list list 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments of 100 minutes or possibly other increments for a specific monthly charge. 5. Per phone acquisition cost to be free 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Better deal proportionately than Sheriff even considering that he is exempt from certain fees. 9. Upgrade on deal if they give a better deal to a multi phone block user. 10. Billing 20th to 20th 11. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. FIVE STAR WIRELESS SERVICE AGREEMENT ~J Initial Service ^ Renewal Service ^ Assumption of Account {~ Today's Date ~ "' ~ ° Q 3 Activation Date Current/Previous Customer of,k~~W ^~s~~~o Wireless Number(s) L~ L ~.~' ~~ v Agent Name ~~! '~ ~~~ Credit Check ^ Activation ^ MDN Phone No. 830 - MIN Phone No. g 30 - ~~ ~ ' ~~~ -~ Account Number Phone Mfg/Model MEID New ^ Used ESN (11 digits) PSUEDO ESN (8 characters) Unlock Code ~' Subscriber Name .J~,~1/V' ~~ ~,/C,triJt~~ Spouse/Co-subscriber ~ c~ Place of Primary Use City ounty Mailing/Billing Ad4lress City ~ _ Count 7~~ ~ State Zip 0 ~~xF},.' Yz~~ r'~'F -4,3 °m t 1 '~f ,~1 ih.~. 1. w~ ,,_ ~ ~. v„ ~.a;i~_ Individual or Sole Proprietorship SSN DOB _/_/_ Spouse SSN DOB _/_/_ Driver's License State Place of Employment Date Employed ' Work Phone # ~ Ext. Tax Exempt ^ Fed ^ St ^ Co ^Loc FSW USE ONLY Deposit Amount: $ Deposit # Recd Date Activation/Service Charge $ Monthly Included Monthly* Service Plan Minutes Charge Service Commitment (Term of Contract) Length of commitment: Months I understand the service commitment expires on EARLY TERMINATION CHARGE: $200.00 Customer Initial Please I Corporation, LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type c Tax II ADD-A- PHONE ~'"' ~.. *All plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. Office Title Office Title Trade tteterence Phone # Acct # Tax Exempt Fed St Co Loc Calling Features Monthly Monthly chazge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No Customer, Please Read and Initial By signature, customer agrees to all terms and conditions in the I understand that there is a service commitment above application for FSW wireless service as stated on both sides from the date of activation as set out above. of this service agreement and confirms the truth and completeness I understand that all services are taxable -All of the information supplied. applicable taxes, surcharges, and assessments will be billed If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity on my monthly statement (not applicable if tax exempt). shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of I understand the monthly access fee and included this document has been authorized by all necessazy corporate action. In the event of an unauthorized minutes will be prorated for the number of days I am in signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts service for the first monthly billing cycle. (Billing cycle runs not paid when due. s from the 20th of the month to the 19th of the following " month.) Customer Signa ~'=...a I understand the difference between home, roaming, ~ ~• °. billing increments and rounding up of minutes. Title ~~~w`s ~ Date I have been provided a FSW customer information printed Name '~ t ~`~ brochure. 1 FSW Representative Revised t0y08 TERMS 8 CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership dlbla Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estafr lished from rime to time. Every use d the term 'you", 'your" or "customeP in this document inductee you, individually, as well as any company or dher entity on whose behalf you are ailing in submitting this application for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commercial Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat• ing range d cell sites located in the FSW Home Service Area and may be available outside d that area in dher participating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide Commerdal mobile radio service, and any dher areas where by contrail FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without ndice to you. Service Is furnished for use by you or others either expressly or impliedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance of service, will be accepted by FSW only from you or your Authorized Agent. Any person able to provide your name, address, soda) security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, induding adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sole opinion, such assignment, designation or change is reasonably necessary in the conduct d its business. A telephone number may nil appear in more than one mobile radio unit, and you may nil alter or program any mobile radio unit capable d using the FSW network so that N emulates or appears to be another unit subscribed to FSW service, induding altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num• bar d Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any d the described numbers without the express prior written rronsent of FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term specified on the front d this document under the heading of "Service Commitment"The term d your Service Commitment begins on the first day your service Is activated. At the end d your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month•to•month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have COntraded for a service commitment dher than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may indude, but are nil lim• fled to, subsidization of the purchase price d your wireless unit. You understand and agree that FSW's damages arising out d your breach d your service commitment will be difficult, if nil impossible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION GATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAV THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUT THE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30) days ndice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination d service by you. 3. DEPOSITSlCREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance of all dher obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount d the greater d 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any dher amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or trial refund d the deposit to you or a credit to your account. H, at any time during this Agreement, in the sole opinion of FSW, your credit and/or finandal information proves unsatisfailory or it any dher reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive dtarges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant that the information provided by you on the front d this contrail is complete and correct. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, induding wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination of mobile calls to prints outside the FSW Toll Free calling area; v) cdleil calls; vi) other charges or calls billed to your wireless unit induding all roamer charges, such as daily charges billed by other wireless providers for your unit's use d such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries Imposed on you or FSW as a result d use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the carriers fadlities, regardless d whether or not the call is completed. Airtime rates vary by market. There is a minimum charge for each connected call. Airtime Is billed in increments. Whole minuta increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you seleil a Calling Plan with inducted airtime, unused inducted airtime from one billing cycle will nil carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. Yau may elect to change your rate plan to another generally available rate plan of FSW at any time during the term d this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, induding early terminatiwi charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina- tion dthis Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 8. TAXESIFEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do nil indude any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. It any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount d any such tax, fee or assessment, by the due date of the bill on which the same is inducted. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH - A late payment charge of the lesser of 1-1/2 % per month, or the maximum rate permitted by law may be applied to each of your service bills not paid by the due date. The late payment charge is applied to the trial unpaid amount Parried tonvard to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negdiable instrument tendered by you to FSW which is returned unpaid by a finandal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services d a oolledion agency or attorney to assist FSW in remedying your breach d this agreement, induding but not limited to the non-payment of charges hereunder, this expense will be paid try you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agendas, credit bureaus, private credit reporting assodations, or dher providers d Commercial Mobile Radio Service. 8. TERMINATION OF SERVICE • You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than a month•to-month term), induding ~ermi~ nation d your service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front d this Agreement to FSW as liquidated damages. Upon the tlccurrence d any d the fdlowing with regard to the Service provided pursuant to this contrail, or for any other service provided to you, including without limitation, Commerdal Mobile Radio Service or dher services to dher units using dher numbers or acx;ounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; ii) vitiation d any term or condition d this or dher contrails or agreements with FSW, subjeil to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without notice to you and without incurring any liability to you or any dher person, temporarily discontinue any and all service to you, and/or terminate this contrail. FSW may also terminate service in the event d your insdvency, receivership, vduntary or invduntary bankruptcy, assignment for the benefit of creditors, or sale d substantially all of our assets. Disconnection of your service or termination d your contrail under any d these dreumstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement indud- ing any applicable Early Termination Charge. Service also may be refused or discontinued without ndice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is otherwise in vitiation of any FCC Rules or Regulations; ii) services are nil available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fails indicating that your credit standing has deteriorated; v) you tail to pay FSW for any service provided to you or for your benefit to anoher account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESSTELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT-FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other wise agreed to In writing. Units purchased from any source dher than directly from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direct ell complaints regarding your wireless unit to the source d such equipment. You understand that in the event of nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until payment in full is made. YOU agree to advise any prospective purchaser d your equipment of any such outstanding unpaid charges. M your equipment is stoen, you are responsible for all charges for Commerdal Mobile Radio Seryice provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830.8961200 ar 1-800.375-2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830-257.0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY • Service may be temporarily interrupted, delayed or dherwise limited due to: i) transmission limitations caused by atmospheric and dher conditions; ii) the availability d radio freyuenq channels; iii) system capadty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar ailivitles; and vf) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no dedts shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or from: i) your negligent or willful ail; ii) the failure d equipment d d service not provided through FSW fadlities and; iii) Ails of God, tire, riots, government authorities or dher causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY for problems encountered while customer is roaming in any dher Commerdal Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or mo6ficetion, or causes beyond our reasonable contrd. Yau agree that the liability d FSW, if any, td interruptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or dherwise, is hereby limited to the allowance d a credit In the form d an adjustment for no more than the charges billed by FSW to you for the affected period, except that no credit shall be given for recurring monthly charges, if any, for a service problem d less than twenty-tour (24) hours duration. Under no dramstances shall any credit exceed the wireless service charges billed for the period affeiled by the service problem. FSW has the right to require that credits be applied for in writing and to deny any request for credit for an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or insuffldeM in the opinion of FSW. Except as provided above, you hereby agree that FSW shall nil be liable for, and shall be held harmless and indemnified by you from and against any and all daims and damages, d every kind, whether by con- trail or in tort, and spedfically induding any daims or damages arising or alleged to arise out d negligence on the part o1 FSW, and induding spedfically special or consequential damages, arising or alleged to arise out of the use d any service and/or equipment provided under this contract, as well as any damages such as lost profits arising out of d attributed, direilly or indireilly, to service problems or any failures d the Commerdal Mobile Radio Service system ar your equipment, induding the inability to successfully place an emergency call to 911 or any other number, or the failure or inability d any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identity the calling number or the location or vicinity or the unit plating any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service d your wireless equipment and disclaims any implied warranty, induding any warranty of merchantability or fitness for a pertfalar purpose. Yau agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdely responsible to assure your unit is Compatible with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher federal, state, or local regula- tory agency in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased or how Obtained. Neither FSW, or any of its employees is an agent or representative of you in FCC matters or otherwise. You understand that for an additional fee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone in your motor vehide without holding the receiver, thereby allowing you to use both hands while operating such moor vehide. This Paragraph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW - ThIs Agreement shall be governed by the laws d the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any rasped, such as invalidity, Illegality, or uninforceability shall nil affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12. ACCEPTANCE -This dowment is an oiler try you to accept the Service, which will become a contrail when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon or reserved to FSW is exclusive d any dher right or remedy herein or by law a equity provided or permitted, but each shall be cumu- lative devery dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS • Customer hereby waives, and agrees not to assert any and all existing or future daims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 18. CALL-FORWARDING CALLS •Call-forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 18. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all d your long distance calls to a long distance provider d FSW's chdce. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any service suspension. 18. SERVICE PLANS -Initial ailivations, reactivations, or plan changes of wireless service with FSW shall only indude rate plans currently being offered at the time the activation, reactivation, or plan change is completed. 19. PRIVACY "Commercial Mobile Radio Service systems use radio channels to transmit vdce and data communications over a complex network. Although the law generally prohibits third parties tram listen- ing In on Commerdal Mobile Radio Service calls, privacy cennd be guaranteed, and FSW shall nil be liable to you for any lads of privacy you experience while using the unit or any Commerdal Mobile Radio Service. M you are concerned with prdecting your privacy, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responside for ndilying FSW of any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANT TO THIS AGREEMENT MAY BE MODIFlEO BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETOYOU. Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19th. 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS SERVICE AGREEMENT ^ Initial Service 'Renewal Service ^ Assumption of Account Today's Date ~~r ~ - fJ Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) ~(,~~=' Sr'~ y~ Agent Name Credit Check ^ Activation ^ MDN Phone No. g 3 ~ - MIN Phone No. g3~ - ~,~,_~ Account Number Phone Mfg/Model /^'1~ ~ Gt/'~5~ MEID ~.~^New ^ Used ESN (11 digits) v ~ ~ ~. PSUEDO ESN (8 characters) ,~f ~~ f ~'" Unlock Code Ci 4 }~ .F Subscriber~Name ~d /'l' ~~ ~ , ,,...~-y I Home Phone # () Place of Primary Use . City County Mailing/Billin Address City ~.~~"`~/'i,% 1°P County ~~ State ~~' Zip ~ G7 ` f t. ~, Service Commitment (Term of Contract) Length of commitment: Months I understand the service commitm xpires on lr~ .. / ' l~'~ EARLY TERMINATION CHARGE: $200.00 Customer Initial Please ~ ~i~ .at`~t'~ty i ~ ° ,:f~ .,~i"',et ~~` ti. r~~ ~` 1/v~~rf ,.n~ e governed by the laws d the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any rasped, such as invalidity, Illegality, or uninforceability shall nil affeil any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been Comained herein. 12. ACCEPTANCE -This document is an offer ny you to accept the Service, which will become a contract when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon or reserved to FSW is exclusive of any dher right or remedy herein or by law or equity provided or permitted, but each shall be cumu- lative devery dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 15. CALL-FORWARDING CALLS - Call•forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 16. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all of your long distance calls to a long distance provider of FSW's choice. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus appliceble taxes, when reactivating service after any service suspension. 18. SERVICE PLANS -Initial activations, reactivations, or plan changes d wireless service with FSW shall only include rate plans currently being offered at the time the activation, reactivation, or plan change is completed. 19. PRIVACY -Commerdal Mobile Radio Service systems use radio channels to transmit voice and data communications over a complex network. fUthough the law generally prohibits third parties from listen- ing in on Commerdal Mobile Radio Service calls, privacy cennd be guaranteed, and FSW shall not be liable to you for any lads of privacy you experience while using the unit or any Commerdal Mobile Radio Service. If you are concerned wkh prdeding your privacy, there may be products on the market available at your expense which cen scramble your cells. 20. CHANGE OF ADDRESS -You are responsibe for nditying FSW d any changes in your address. 21. THIS AGREEMENT CONSTITUTESTHE ENTIRE AGREEMENT OFTHE PARTIES, ANDTHERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTOTHIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETO YOU. Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t" to 19t". 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS SERVICE AGREEMENT ^ Initial Service ,1~" Renewal Service ^ Assumption of Account Today's Date _~i~~-- t~ 7 Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) ~ ~~r1~ ti'.~y~' Agent Name - ' Credit Check ^ Activation ^ MDN Phone No. 030 - MIN Phone No. g30 - ~...~~~-" ~ ~~'' Account Number ~ ''~~ Phone Mfg/Model ~/ ~ o T J Ems, s '~ f MEID / ~ New ^ Used ESN (11 digits) C~/~0,~.3[~ ~' ~~3 ~qS~i PSUEDO ESN (8 characters) ~ ~ ~ Unlock Code t M '1j', f4YJ,'i H~l .~ "H't •~, 1 ~ ~~ , r ~ !. ',f ~Fr ~'~.'t . A ,t y',~.d.,. i f~HWkG,l , : ~ . . [ *i1r,.t'Y (•. ~ c. `: .o ~ ., Subscriber Name ,~.~ ~~~p ~~ ~~ ~ Service Commitment (Term of Contract) Spouse/Co-subscriber Length of commitment: ~~ Months Home Phone # ( ) I understand the rvice co mit n expires on Place of Primary Use ~ „ / ,, City County Mailing/rrB~~il/l-ing Address City~~r"~ir/i~~.~r- County ~~~_ State _~~ Zip "7,Y EARLY TERMINATION CHARGE: $200.00 Customer Initial Please 9 1 ~ ( - Y 1 ", G ~ '~ ,?l, yR Individual or Sole Proprietorship SSN DOB _/_/_ Spouse SSN DOB -/_/_ Driver's License Place of Employment Date Employed _ Work Phone # ( ) Ext. Tax Exempt ^ Fed ^ St ^ Co ^Loc FSW USE ONLY Deposit Amount: $~, Deposit # Recd Date Activation/Service Charge $ Corporation, LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type of Entity ~,l~'' ^~'I?4'~ Tax ID # Officer Title Officer Title Trade Reference Phone # Acct # Tax Exempt ^ Fed ^ St ^ Co ^Loc Monthly Included Monthly* .Service Plan Minutes Charge ' ~~~ ADD-A- $1~9~ PHONE *All plans subject to applicable taxes, surchazges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. :SnL. «-z1RY .-h'~idbm n'~~'~''~~z4Gy, :s:d?~'M:+a3 ~x~-'k?~ ~;?l',~'"7z,rh ~ . . Customer, Please Read and Initial I understand that there is a service commitment from the date of activation as set out above. I understand that all services are taxable -All applicable taxes, surcharges, and assessments will be billed on my monthly statement (not applicable if tax exempt). I understand the monthly access fee and included minutes will be prorated for the number of days I am in Calling Features Monthly Monthly chazge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement ~ Yes $7.95 (PDA devices not included) (Customer Initial) No E:.. . ~.;~...?. By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity sltown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of this document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts service for the fu'st monthly bllhng cycle. (Bllhng cycle runs not paid when due. from the 20th of the month to the 19th of the following ,.,.~ ,.~-----. month.) Customer 'gnat I understand the difference between home, roaming, / billing increments and rounding up of minutes. Title ~ ate -~ I have been provided a FSW customer information pI-inted Name ' " brochure. FSW Representative State Revised lane TERMS & CONDITIONS OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership d/b/a Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and cronditions spedfied herein and at rates and charges estab- lishedfrom time to time. Every use d the term 'you", 'your" or "customeP in this document includes you, individually, as well as any company or dher entity on whose behalf you are acting in submitting this applicetlon for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat- ing range d cell sites located in the FSW Home Service Area and may be available outside of that area in dher partidpating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide Commerdal mobile radio service, and any other areas where by contrail FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without Waite to you. Service Is furnished for use by you or dhers either expressly or impliedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance d service, will be accepted by FSW only from you or your Authorized Agent. Any person able to provide your name, address, soda) security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, induding adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sde opinion, such assignment, designation or change is reasonably necessary in the conduct of its business. A telephone number may nil appear in more than one mobile radio unit, and you may nil alter or program any mobile radio unit capable d using the FSW network so that it emulates or appears to be andher unit subscribed to FSW service, induding altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber dMobile Identification Number. FSW reserves the right to suspend service to all units sharing any of the described numbers without the express prior written consent d FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term spedfied on the front d this document under the heading d "Service Commitment"The term d your Service Cdnmitment begins on the first day your service is activated. At the end pi your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have centraded for a service commitment other than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may include, but are nil IIm- ited to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commitment will be difficult, if nil impossible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITEDTO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUTTHE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and alt rates upon thirty (30) days ndice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination of service by yOU. 3. DEPOSITSlCREDIT CHECKS • At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to sedtre the payment of all sums due hereunder to FSW, as well as the performance d all dher obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater of 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or total refund of the deposit to you or a credit to your account. M, at any time during this Agreement, in the sole opinion of FSW, your credit and/or financial information proves unsatisfactory or if any dher reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant that the information provided by you on the front d this rbntract is complete and correct. 4. RATES, CHARGES AND PAYMENT • You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, Inducting wireless airtime charges used on dher wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination d mobile calls to prints outside the FSW Toll Free calling area; v) Idled calls; vi) other charges or calls billed to your wireless unit induding all roamer charges, such as daily charges billed by other wireless providers for your unit's use d such prwiders'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries imposed on you or FSW as a resuk of use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the cercier's fadlities, regardless d whether or nil the call is completed. Airtime rates vary by market. There is a minimum charge for each connected call. Airtime is billed in increments. While minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you seleil a Calling Plan with inducted airtime, unused inducted airtime from one billing cycle will nil carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may Bled to change your rate plan to another generally available rate plan of FSW at any time during the term d this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, induding early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina- tion dthis Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS. ALL CHARGES ARE CONSIDERED VALID. 5. TAXES/FEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do not indude any amount for Federal, State and/or Local excise, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or fSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount d any such tax, fee or assessment, by the due date d the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH - A late payment charge of the lesser of 1.1/2 % per month, or the maximum rate permitted by law may be applied to each d your service bills not paid by the due date. The late payment charge is applied to the total unpaid amount Parried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negotiable instrument tendered by you to FSW which is returned unpaid by a financal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form d payment, at FSW's discretion. If FSW obtains the services of a cdledion agency or attorney to assist FSW in remedying your breach d this agreement, induding but not limited to the non-payment d charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION • You consent to FSW obtaining or disclosing account information relating to you tram or to credit reporting agencies, credit bureaus, private credit reporting assodations, or dher providers d Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (dher than a month•to•month term), including termi- natlon dyour service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front d this Agreement to FSW as liquidated damages. Upon the occurrence d any d the folowing with regard to the Service provided pursuant to this contract, or for any other service provided to you, induding without limitation, Commerdal Mobile Radio Service or dher services to dher units using dher numbers or accounts in your name or for which you are responsible, to•wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; ii) vitiation d any term or condition d this or dher contrails or agreements with FSW, subject to any applicable tariff or regulation; iii) suspeiled unlawful use; or iv) excessive charges or fraud; FSW may, with or without notice to you and without Incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contrail. FSW may also terminate service in the event d your insdvency, receivership, vduntary or involuntary bankruptcy, assignment for the benefit of creditors, or sale of substantially all of our assets. Disconnection d your service or termination of your contred under any d these drwmstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing arty applicabe Early Termination Charge. Service also may be refused or discontinued without ndice in the event that: i) service is used in a manner that will adversely affeil FSW service to others or is dherwise in vitiation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of tads indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to andher account or wireless number; or vi) you tail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESSTELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT-FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in writing. Units purchased from any source dher than directly from FSW, induding those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direct all complaints regarding your wireless unit to the source d such equipment. You understand that in the event of nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until payment in full is made. You agree to advise any prospective purchaser of your equipment of any such outstanding unpaid charges. H your equipment is stoen, you are responsible for all charges for Commerdal Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830.898.1200 or 1-800.375-2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830.257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or otherwise limited due to: i) transmission limitations caused by atmospheric and dher condkions; ii) the availability d radio frequency channels; iii) system capadty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or from: i) your negligent or willful ail; ii) the failure of equipment cr d service nil provided through FSW fadlities and; iii) Ads d God, fire, riots, government authorities or dher causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY for problems encountered while customer is roaming in any other Commercial Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or modificetion, or causes beyond our reasonable contrd. You agree that the liability d FSW, if any, for intercuptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or dherwise, is hereby limited to the allowance d a credit In the Corm of an adjustment for no more than the charges billed by FSW to you for the affeiled period, except that no credit shall be given for recurring monthly charges, if any, for a service prdllem d less than twenty-four (24) hours duration. Under no circumstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to require that credits be applied for in writing and to deny any request for credit for an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or InsuffideM In the opinion d FSW. Except tts provded above, you hereby agree that FSW shall nil be liable tor, and shall be held harmless and indemnified bI/ you from and against any and all claims and damages, d every kind, whether by con• trod M in tort, and specifically induding any claims or damages arising or alleged to arise out d negligence on the part d FSW, and induding spedfically spedal or consequential damages, arising or alleged to arise out d the use d any service and/or equipment provided under this centract, as well as any damages such as lost prdits arising out of or attributed, directly or indirectly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipment, induding the inability to successfully place an emergency call to 911 or any other number, or the failure or inability of any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identify the calling number or the location or viclnity or the unit plating any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied warranty, induding any warranty of merchantability or fitness for a particular purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that cdnplies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdely responsible to assure your unit is compatde with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher federal, state, or local regula• tory agency in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent or representative d you in FCC matters or dherwise. You understand that for an additional fee, speakerphone equipment is availabe from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use both hands while operating such mdor vehicle. This Paregreph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW -This Agreement shalt be governed by the laws d the State of Texas. Ii any one or more of the provisions contalnetl herein shall be held to be invalid, illegal, or unenforceable in any rasped, such as invalidity, Illegality, or uninforceability shall nil affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceabe provision had never been comained herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a contrail when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES • No right or remedy herein dxtferred upon or reserved to FSW is exclusive d any other right or remedy herein or by law or equity provided or permitted, but each shall be cumu• lative d every dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER ~ CLAIMS AND OFFSETS -Customer hereby waives, and agrees nil to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or dfset which maybe asserted by Customer or on Customer's behalf. 16. CALL-FORWARDING CALLS • Call•forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 16. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or aft d your long distance calls to a long distance provider d FSW's choice. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any service suspension. 18. SERVICE PLANS -Initial activations, reactivations, or plan changes of wireless service with FSW shall only indude rate plans currently being offered at the time the activation, reactivation, or plan change is completed. 19. PRIVACY "Commerdal Mobile Radio Service systems use radio channels to transmit voice and data communications over a complex network. Although the law generally prohibits third parties from listen- ing in an Commerdal Mobile Radio Service calls, privacy cennd be guaranteed, and FSW shall nil be liable to you for any lade d privacy you experience while using the unit or any Commerdal Mobile Radio Service. I( you are concerned wkh prdeding your privacy, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS "You are responsible for ndNying FSW d any changes in your address. 21. THI8 AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OFTHE PARTIES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTO THIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO YOU. Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19th. 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS SERVICE AGREEMENT Initial Service ^ Renewal Service ^ Assumption of Account Today's Date ~~ ~° Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) ~ ~ ~~- 7 °-t-d~- Agent Name _T!' ~,~ Credit Check ^ Activation ^ MDN Phone No. 030 - MIN Phone No. g 3 ~ - ,~ , ! "~ ~~ ~~ Account Number _~~ -° 7 Phone Mfg/Model ~ f ~~ ~.,~L,.~ MEID ~! New ^ Used ESN (11 digits) ~~r~ ~ ~~ ~~ ~~~,~. PSUEDO ESN (8 characters) / %~~J .~ Unlock Code hr 'fir ~f r+. ~ ~5 '~~ .:~. ,' r ~, s2...z,w '~ `t'r•` y ;_ah 4 r ~. ,~ b~. ~. -Ks. •,ea3 :~ war- - . _ 'r ' t,,, x a tZ,~ ~b. rb r e. ,s(ff' _ } ~ r 1 ~ rbi ' Ii`3 ~Gi'.. '1~.: _ t iI,! ~ _ .' .- ~ ~ i ~ 4 ~ ~ r i.. ` f / ~ ~ / Subscriber Name ~,O u w '~y Service Commitment (Term of Contract) Spouse/Co-subscriber Length of commitment: Months Home Phone # ( ) i understand the service commltm t xpires on Place of Primary Use ' ~ .. ' City County MailingB'lli g Address EARLY TERMINATION CHARGE: $200.00 ' X171 i ~~,~ City__ County /~ 7 State ~ Zip ~~~A Customer Initial Please ,C r ~ `' !.f'~!4n ~ ~ Yr dux 9 ~' C ~ ~ t b h $, t ,~ j ~r ~r ~ ~~ `~ ,X. ~. ., .,M w,~ n t.: r:, ~ i f, ~: ~t[''~f". .~.'~ T, t ~ _ _ .. `?". -4 ., ....,.._*c_~ .. _ r ~.. ~ x . x .,:;#I r ~ ~'7l~ Individual or Sole Proprietorship Corporation, LLC, Partnership, Ltd. Partnership, LLP, SSN nc nment Age y ove r DOB _/_/_ G Spouse SSN n ~ ~- ~ ~ ~ DOB _/_/_ Zype of Entity ~a ,~~gl[~.~/~c-~~~`' Driver's License State Tax ID # Place of Employment Officer Date Employed Work Phone # ( ) Ext. Title Tax Exempt ^ Fed ^ St ^ Co ^Loc Officer Title FSW USE ONLY Trade Reference Deposit Amount: $__7,~~~ Phone # Deposit # Recd Date Acct # Activation/Service Charge $ Tax Exempt ^ Fed ^ St ^ Co ^Loc Monthly Included Monthly* Service Plan Minutes. Charge ~' ~ ~ . ~~ S ADD-A- $ PHONE *All plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. Calling Features Monthly chazge will not apply when included in service plan. SMS (Text) MMS (Data) CDMA Phone Replacement (PDA devices not included) (Customer Initial) Monthly Charge $1.95 $9.95 Yes $7.95 No .... ~.. e guaranteed, and FSW shalt not be liable to you for any lads d privacy you experience while using the unit or any Commerdal Mobile Radio Service. If you are concerned with protecting your privacy, there may be products on the market availabe at your expense which ran scramble your calls. 20. CHANGE OF ADDRESS • You are responside for notifying FSW of any changes in your address. 21. TF88 AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTOTHIS AGREEMENT MAY BE MODIFlED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETOYOU. Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t" to 19t". 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS SERVICE AGREEMENT ^ Initial Service Renewal Service ^ Assumption of Account Today's Date / / "~~ -© ~ Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) _ (/ ~,~°y~' ~,~ F'~ ~ . r:. 'r Subscriber Name ~. Agent Name Credit Check ^ Activation ^ MDN Phone No. g3~ - MIN Phone No. 03O - ~~ / '! (~ ~~,~ Account Number ~~' l ~ ~~ Phone Mfg/Model ~~ „~~ J 9~ MEID ..~" New ^ Used ESN (11 digits) ~ ~~ C~ ~ '~ ~ ('~~,~~ ~ J~7 PSUEDO ESN (8 characters) ~/'~~ f Unlock Code 'Y "? Service Commitment (Term of Contract) Len th f 't t• ..ts g o comml men . Months Home Phone # ( ) I understand the service commitm expires on Place of Primary Use ~,~y ~„ t ~, City County d• Mailin ~I ling Address EARLY TERMINATION CHARGE: $200.00 City~lt c°,i'/' cI ~ % ~ County ~ /~ State A i 'i% Zip ?~~Q'" Customer Initial Please ,. r ,~ r _ ., _. ~ ~. Individual or Sole Proprietorship Corporation, LLC, Partnership, Ltd. Partnership, LLP, SSN DOB _/_/_ Government Agency Spouse SSN DOB _/_/_ T e of Entit 1 YP Y ~-~s~~-rP/~/''l Pr./'~' Driver's License State Place of Employment _ Date Employed Work Phone # ( ). Tax Exempt ^ Fed Ext. ^ St ^ Co ^Loc FSW USE ONLY Deposit Amount: $ Deposit # _ Recd Date Activafion/Service Charge $ Tax ID # Officer Title Officer Title Trade Reference Phone # Acct # Tax Exempt ^ Fed ^ St ^ Co ^Loc Monthly Included Service Plan Minutes Monthly* Charge ADD-A- $ PHONE S' G~ ~~ *Al1 plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. Calling Features Monthly charge will not apply when included in service plan SMS (Text) MMS (Data) CDMA Phone Replacement _ (PDA devices not included) (Customer Initial) Monthly Charge $1.95 $9.95 Yes $7.95 No ,. _. ,.:. .: Customer, Please Read and Initial By signature, customer agrees to all terms and conditions in the I understand that there is a service commitment above application for FSW wireless service as stated on both sides from the date of activation as set out above. of this service agreement and confirms the truth and completeness I understand that all services are taxable -All of the information supplied. applicable taxes, surcharges, and assessments will be billed If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity on my monthly statement (not applicable if tax exempt). shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of I understand the monthly access fee and included this document has been authorized by all necessary corporate action. In the event of an unauthorized minutes will be prorated for the number of days I am in signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts service for the first monthly billing cycle. (Billing cycle runs not paid when due. from the 20th of the month to the 19th of the following month.) Custot I understand the difference between home, roaming, billing increments and rounding up of minutes. Title I have been provided a FSW customer information printec brochure. FSW F Revised 10/08 TERMS 8 CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership d/b/a Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estatr lished from time to time. Every use of the term 'you", 'your" or "customeP in this document includes you, individually, as well as any company or other entity on whose behalf you are acting in submitting this applicetlon fw Service. 1. AVAILABILITY OF LIMITED SERVICE - Commerdal Motile Radio Service is generally availatNe to wireless mobile radio units (wireless telephones) equipped for this service and when within the operet- ing range d cell sites located in the FSW Home Service Area and may be available outside of that area in other participating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide Commerdal mobile radio service, and any other areas where by axttrad FSW subscribers may make calls ai the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished for use tY you or others either expressly or impliedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance of service, will be accepted try FSW only from you or your Authorized Agent. Any person able to provide your name, address, soda) security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, induding adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sde opinion, such assignment, designation w change is reasonably necessary in the conduct of its business. A telephone number may not appear in more than one mobile radio unit, and you may nw alter w program any mobile radio unit capable d using the FSW network so that it emulates or appears to be another unit subscribed to FSW service, induding altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber w Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any of the described numbers without the express prior written consent of FSW. 2. SERVICE COMMITMENT - Vou have contrailed with FSW to provide the Service to you fw the term speclfied on the front of this doament under the heading of "Service Commitment"The term of your Service Commitment begins on the first day your service is activated. At the end of your Service Cwnmitment, the term of this Agreement shall be deemed automatically renewed on a month•to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. Ii you have contracted for a service commitment other than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may indude, but are nw IIm- hed to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commitment will be difficult, if not impossible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TOYOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUTTHE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination of service by you. 3. DEPOSITS/CREDIT CHECKS • At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance of all other obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater of 2% per annum or that rate required by state law, wilt be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation of service, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or total refund of the deposit to you or a credit to your axount. H, at any time doing this Agreement, in the sole opinion of FSW, your credit and/or finandal information proves unsatisfactory or ii any other reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant that the information provided by you on the front of this contract is complete and correct. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, induding wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any tell charges resulting from the origination of mobile calls to prints outside the FSW Toll Free calling area; v) celled calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers fw your unit's use of such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, tees, assessments, or recoveries imposed on you or FSW as a result of use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the carrier's tadiities, regardless of whether or not the call is completed. Airtime rates vary by market. There is a minimum charge fw each connected call. Airtime Is billed in increments. While minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. It you select a Calling Plan with included airtime, unused included airtime frwn one billing cycle will not carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may Bled to change your rate plan to another generally available rate plan of FSW at any time during the term ct this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, induding early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina• lion of this Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 6. TAXES/FEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do not indude any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount of any such tax, fee w assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH • A late payment dtarge of the lesser of 1-1/2 % per month, or the maximum rate permitted by law may be applied to each of your service bills not paid by the due date. The late payment charge is applied to the twat unpaid amount.parried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negotiable instrument tendered by you to FSW which is returned unpaid by a finandal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a Cdledion agency or attorney to assist FSW in remedying your breach of this agreement, induding but not limited to the non-payment of charges hereunder, this expense will be paid fry you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting assodations, or other providers of Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than a month•to-month term), induding ~ermi~ Hatton of your service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front of this Agreement to FSW as liquidated damages. Upon the occurrence of any d the tdlowing with regard to the Service provided pursuant to this contract, or for any other service provided to you, induding without limitation, Commercal Mobile Radio Service w other services to whey units using other numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; ii) vitiation d any term or condition of this or dher contracts or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with w without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/w terminate this contrail. FSW may also terminate service in the event of your insdvency, receivership, vwuntary or involuntary bankruptcy, assignment for the benefit of creditors, or sale ct substantially all of our assets. Disconneilion of your service or termination of your contract under any of these dreumstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement indud- ing any applicable Early Termination Charge. Service also may be refused w discontinued without novice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is otherwise in vitiation of any FCC Rules or Regulatlons; ii) services are nil available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of facts indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to another account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICEITHEFT-FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in writing. Units purchased from any source dher than direilly from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to diced all complaints regarding your wireless unit to the source of such equipment. You understand that in the event w nonpayment of charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until paymem in full is made. You agree to advise any prospective purchaser of your equipment oT any such outstanding unpaid charges. ff your equipment is stden, you are responsible for all charges for Commerdal Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830.898.1200 w 1-800.375-2298, or after 5:00 p.m. weekdays, and during weekends and hwidays, 830.257.0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY • Service may be temporarily interrupted, delayed or otherwise limited due to: i) transmission limitations caused by atmospheric and dher conditions; ii) the availability d radio frequency channels; iii) system cepaaty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar ailivhies; and vl) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you ar your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or frwn: i) your negligent or willful act; ii) the failure of aquipmeM w d service nil provided through FSW fadlities and; iii) Acts of God, fire, riots, government authorities or dher causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY for problems encountered while customer is roaming in any other Commercial Mobile Radio Service area, for ads or omissions of any other service provider, for intomation provided through your unit, equipment failure or macFfication, or causes beyond our reasonable contrd. Ya agree that the liability d FSW, if any, for interruptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or wherwise, is hereby limited to the allowance of a credit In the lorm of an adjustment for no more than the charges billed by FSW to you for the affected period, except that no credit shall be given for recurring monthly charges, if any, for a service problem of less than twenty-four (24) hours duration. Under no dreumstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to rec~ire that credits be applied for in writing and tq deny any request for credit tw an alleged service problem where the evidence of such problem is inconclusive, or the request is otherwise unwarranted or insuffident fn the opinion of FSW. Except as provided above, you hereby agree that FSW shall nil be liable for, and shall beheld harmless and indemnified by you from and against any and all claims and damages, d every kind, whether by con- tract w in tort, and specifically Including any claims w damages arising or alleged to arise out ct negligence on the part d FSW, and induding speclfically specal w consequential damages, arising or alleged to arise out d the use of any service and/or equipment provided under this contrail, as well as any damages such as lost profits arising out d or attributed, directly or indirectly, to service problems or any failures of the Commerdal Mobile Radio Service system w your equipment, induding the inability to successfully place an emergency call to 911 w any other number, or the failure or inability of any emergency answer- ing system w the Cwnmerdal Mobile Radio Service system to properly identify the calling number or the location w viclniry or the unit placing any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied wananry, induding any warranty of merchantability or fitness for a partlalar purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdely responsible to assure your unit is Cwnpatible with FSW service and is in compliance with the rules and regulations and conditions of the FCC or any dher federal, state, or local regula- tory agency in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent w represBMative of you in FCC matters or otherwise. You understand that for an additional fee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use both hands while operating such motor vehicle. This Paragraph 10 in its entirety shall survive termination of this Agreement. 11. GOVERNING LAW -This Agreement shall be governed by the laws w the State of Texas. It any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any rasped, such as invalidity, illegality, w uninfwceability shall nil affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, w unenforceable provision had never been comairted herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a contrail when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon or reserved to FSW is exclusive w any whey right or remedy herein or by law w equity provided or permitted, but each shall be cumu- lative of every dher right w remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS ANDOFFSETS -Customer hereby waives, and agrees not to assert any and all existing or future Gaims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardess d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 18. CALL•FORWARDING CALLS - Call•fonvarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 18. LONG Dt3TANCE CARRIER -FSW reserves the right to deliver some or all of your long distance calls to a long distance provider of FSW's choice. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reailivating service after any service suspension. 18. SERVICE PLANS -Initial activations, reactivations, or plan changes of wireless service with FSW shall only indude rate plans currently being offered at the time the activation, reactivation, or plan change is completed. 19. PRIVACY "Commerdal Mobile Radio Service systems use radio channels to transmit voice and data communications over a complex network. Although the law generally prohibits third parties from listen- ing In on Commerdal Mobile Radio Service cells, privacy cannel be guaranteed, and FSW shall not be liable to you for any lade of privacy you experience while using the unit or any Commerdal Mobile Radio Service. h you are concerned with protecting your privacy, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responsible for rwtHying FSW of any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANT TO THIS AGREEMENT MAY BE MODfFlED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETOYOU. ~,4~ec~ iv C;erssW 0 nc(~u~ Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19th. 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. VE STAR WIRELESS SERVICE AGREEMENT ^ Initial Service Renewal Service ^ Assumption of Account Agent Name ~-- ~ Credit Check ^ Activation ^ MDN Phone No. 83~ - MIN Phone No. g3~ - C~ ~/~ ~-- ~--~ ~~ Today's Date ~ ~ br tJ ~ ` ~ ccount Number / r-'-~/ ~ Activation Date ~ Phone Mfg/Model ~' 'I ~f ~ ~~ 3 /'~ Current/Previous Customer of FSW ^ yes ^ no MEID ew ^ Used Wireless Number(s) ~ ~ ~ ESN (11 digits) , _ ~3 ,, ~ -~' PSUEDO ESN (8 characters) „~~ '~' Unlock Code _ S~ . Y 7[`,`{~? T t.3.~ 1~ \ ~ 1 N . y , ~ ~iTl i~,{ Y~ Subscriber Name ~~ /~ - C ~ c!.^~ ~L,,, 'n.es>~ ~n ./ Service Commitment (Term of Contract) Spouse/Co-subscriber //~~ ` Months Length of commitment: rte Home Phone # ( ) I understand the service commitment expires on " Place of Primary Use ~._ ~~ ---~~ City _ County ~ EARLY TERMINATION CHARGE: $200.00 City_ State -~ „', h irk , Individual or Sole Proprietorship SSN DOB _/_/_ Spouse SSN DOB _/_/_ Driver's License State Place of Employment _ Date Employed Work Phone # ( )_ Tax Exempt ^ Fed Type of Entity Tax ID # I Corporation; LLC, Partnership, Ltd. Partnership, LLP, Government Agency Ext. ^ St ^ Co ^Loc FSW U5E ONLY Deposit Amount: $___~~~. Deposit # Recd Date Activation/Service Charge $ Monthly Service Plan ~~~ Included Minutes ADD-A- PHONE Monthly* Charge $14.95 *All plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastmcture Fund reimbursements. (Customer Initial) No - ~ ' ,. y...r7.,f. r- ~.. .a6.~ .. mot'.. r ..r,?:'. _ ~, ...a _i , ._..~ ._. .. .. Customer, Please Read and Initial By signature, customer agrees to all terms and conditions in the understand that there is a service commitment above application for FSW wireless service as stated on both sides from e date of activation as set out above. of this service agreement and confirms the truth and completeness I understand that all services are taxable -All of the information supplied. app cable taxes, surcharges, and assessments will be billed It' signing on behalf of an entity, I represent that I am a duly authorized representative of the entity on y monthly statement (not applicable if tax exempt). Shown anger "Subscriber Name" above, and I have submitted [his application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of I understand the monthly access fee and included this document has been authorized by all necessary corporate action. In the event of an unauthorized m1 utes will be prorated for the number of days I am in signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. se ice for the first monthly billing cycle. (Billing cycle runs fr the 20th of the month to the 19th of the following - - I understand the difference between home, roaming, increments and rounding up of minutes. I have been provided a FSW customer information Customer Signature ~ Title ~er`~.3~^- ,~ Date _.,.--~- Printed Name FSW Representative Officer Title Officer Title Trade Reference Phone # Acct # Customer Initial Please Tax Exempt o Loc Calling Features Monthly Monthly charge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) Revised to/oe TERMS 6 CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership dlb/a Five Star Wireless (FSW), provides Commercial Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estab• lished from time to time. Every use of the term 'you", 'your" or "customeP in this doament includes you, individually, as well as any company or dher entity on whose behalf you are ailing in submitting this application fa Service. 1. AVAILABILITY OF LIMITED SERVICE -Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operet- ing range d cell sRes located in the FSW Home Service Area and may be available outside of that area in dher participating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide commerda mobile radio service, and any other areas where by contrail FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without ndice to you. Service is furnished for use by you d others either expressly or impliedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance d service, will be accepted by FSW only from you of your Authorized Agent. Any person able to provide your name, address, soda security number, drivers license number and wireless number will be presumed to be your Authorized Agent, and Is authorized by you to receive information about and make changes to your account, including adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sde opinion, such assignment, designation or change is reasonably necessary in the conduct of its business. A telephone number may nil appear in more than one mobile radio unit, and you may nil alter or program any mobile radio unit capable of using the FSW network so that it emulates or appears to be another unit subscribed to FSW service, including altering the manufacturer's installed Elesronic Serial Number (ESN) or FSW programmed telephone num- ber d Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any d the described numbers without the express prior written consent d FSW. 2. SERVICE COMMITMENT - Vou have contracted with FSW to provide the Service to you for the term spediied on the front d this document under the heading d "Service Commitment"The term d your Service Commitment begins on the first day your service is activated. At the end d your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to•month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have contracted for a service commitment dher than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may include, but are nil IIm• ited to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commtment will be difficult, if nil impossible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITEDTO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TOYOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUT THE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon .thirty (30) days ndice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination of service by you. 3. DEPOSITSlCREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a seariry interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance d all dher obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater d 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held b1r FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or trial refund of the deposit to you or a credit to your axount. H, at any time during this Agreement, in the sole opinion of FSW, your credit and/or financial information proves unsatisfactory or if any dher reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges, legal disputes, or suspected fraud, FSW may, In its sde disdetion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant tha4 the information provided by you on the front d this contras is complete and correct. 4. RATES, CHARGES AND PAYMENT •Yau will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, including wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination of mobile calls to prints outside the FSW Toll Free calling area; v) celled calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers for your unit's use d such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any saxes, surcharges, tees, assessments, or recoveries imposed on you or FSW as a result d use d the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unk begins when a connection is established between the unit and the carriers fadtities, regardless d whether or nil the call is completed. Airtime rates vary by market. There is a minimum charge for each connesed call. Airtime is billed in increments. Whole minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you select a Calling Plan with included airtime, unused included airtime from one billing cycle will nil carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may elect ,to change your rate plan to another generally available rate plan d FSW at any time during the term d this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, including early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina• lion d this Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 5. TAXESIFEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do nil include any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 tees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount d any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH • A late payment charge of the lesser of 1-1/2 % per month, or the maximum rate permitted by law may be applied to each of your service bills not paid by the due date. The late payment charge is applied to the trial unpaid amount harried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negdiable instrument tendered by you to FSW which is returned unpaid by a financal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form d payment, at FSW's discretion. If FSW obtains the services of a odledion agency or attorney to assist FSW in remedying your breach d this agreement, including but not limited to the non-payment of charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION • You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting associations, or dher providers of Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than a month•to-month term), including termi- nation d yaurservice by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front of this Agreement to FSW as liquidated damages. Upon the occurrence d any of the folowing with regard to the Service provided pursuant to this contras, or for any other service provided to you, including without limitation, Commercial Mobile Radio Service or other services to dher units using dher numbers or accounts in your name or for which you are responsible, to•wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; ii) vitiation d any term or condition of this or dher contrails or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contract. FSW may also terminate service in the event d your insdvency, receivership, vduntary or invduntary bankruptcy, assignment for the benefit d creditors, or sale d substantially all of our assets. Disconnection of your service or termination d your contrail under any d these dramstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ• ing any applicable Early Termination Charge. Service also may be refused or discontinued without ndice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is otherwise in vitiation d any FCC Rules or Regulations; ii) services are nil available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fads indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to anoher account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 8. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICEITHEFT-FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in writing. Units purchased from any source dher than directly from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direct all complaints regarding your wireless unit to the source of such equipment. Yau understand that in the event of nonpayment of charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until payment in full is made. You agree to advise any prospective purchaser d your equipment of any such outstanding unpaid charges. tf your equipment is stolen, you are responsible for all charges for Commerdal Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830.898.1200 or 1-800-375-2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830-257.0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY • Service may be temporarily interrupted, delayed or dherwise limited due to: i) transmission limitations caused by atmospheric and dher conditions; ii) the availability d radio frequency channels; iii) system capadty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar asivitles; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shalt have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or from: i) your negligent or willful ad; ii) the failure of equipment d d service nil provided through FSW facilities and; Iii) Ads of Gad, fire, rids, government authorities or dher causes beyond the contrd d FSW. FSW accepts NO RESPONSIBILITY for problems encountered while automer is roaming in any other Commerdal Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or modification, or causes beyond our reasonable contrs. You agree that the liability d FSW, if any, fd interruptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or dherwise, is hereby limited to the allowance of a credit in the form d an adjustment for no more than the charges billed by FSW to you for the affected period, except that no credit shall be given for recurring monthly charges, if any, for a service problem d less than twenty-four (24) hours duration. Under no dreumstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to require that credits be applied for In writing and tq deny any request for credit for an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or insuffldent In the opinion d FSW. Except es provided above, you hereby agree that FSW shall nil be liable for, and shall be held harmless and indemnified by you from and against any and all claims and damages, d every kind, whether by can- trad or in tort, and spedtically including any dams or damages arising or alleged to arise out d negligence on the part of FSW, and including spedfically spedat or consequential damages, arising or alleged to arise out of the use d any service and/or equipment provided under this contras, as well as any damages such as lost prdits arising out d or attributed, directly or indirectly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipment, including the inability to successfully place an emergency call to 911 or any other number, or the falure or inability of any emergency answer- ing system or the Commerda Mobile Radio Service system to properly identify the calling number or the location or vicinity or the unit plating any such call, no matter how occasioned. Other than as sal out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied warranty, including any warranty of merchantability or fitness for a particular purpose. Yau agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdery responsible to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher federal, state, or local regula- tory agency in the operation and use d your wireless equipment, including all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent ar representative d you in FCC matters or dherwise. You understand that for an additional fee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use bdh hands while operating such mdor vehicle. This Paragraph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW -This Agreement shall be governed by the laws d the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any respect, such as invalidity, Illegality, or uninforceability shall nil aaes any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contaned herein. 12. ACCEPTANCE -This document is an otter by you to accept the Service, which will become a contrail when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES • No right or remedy herein conferred upon or reserved to FSW is exclusive of any dher right or remedy herein or by law or equity provided or permitted, but each shall be cumu- lative devery dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees nil to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 15. CALL-FORWARDING CALLS •Call-forwarding cols in excess d five (5) minutes in duration are billed at a per minute rate. 1& LONG DISTANCE CARRIER -FSW reserves the right to deliver some or al of your long distance calls to a long distance provider of FSW's choice. 17. RECONNECTION FEE • Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any service suspension. 18. SERVICE PLANS -Initial asivations, reactivations, or plan changes of wireless service with FSW shall only include rate plans currently being offered at the time the ailivation, reactivation, or plan change is completed. 18. PRIVACY •Commerdal Mobile Radio Service systems use radio channels to transmit vdce and data communications over a complex network. PJthough the law generaly prohibits third parties from listen- ing In an Commerdal Mobile Radio Service calls, privacy cannel be guarenteed, and FSW shall not be liable to you for any lads of privacy you experience while using the unit or any Commerdal Mobile Radio Service. If you are concerned with prdeding your privacy, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responsible for ndifying FSW of any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES, ANDTHERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTO THIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETO YOU. ~ ~ ~~ ~~~ Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19tH 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS SERVICE AGREEMENT Initial Service ^ Renewal Service ^ Assumption of Account Today's Date ~/~j~'~ ~--- Agent Name Credit Check ^ Activation ^ MDN Phone No. g30 - MIN Phone No. g3O - ~/ ~~~r. ~~ ~ ~ Activation Date Account Number ,. J ~~ Current/Previous Customer of FSW ^ yes ^ no Phone Mfg/Model T :.' >L a ~ ^~ ~ ~," Wireless Number(s) MEID ~^ New ^ Used ESN (11 digits) ~ PSUEDO ESN (8 characters) ~ ~ Unlock Code «.. F -,: r 'v 1~ _. . .r .. ,s_ Subscriber Name T~E~~,~ ~Q~~~~..~,,, Service Commitment (Term of Contract) Spouse/Co-subscriber --~ ~ B Home Phone # ( ) Length of commitment: ~ ~7 Months Place of Primary Use I understand t~ ~ervi ~ commitm~ e~ires on City County O'~ Address CityT,~ ,~~' ~./'~ r/~ County State r"T-'77 Zip _ ?~ EARLY TERMINATION CHARGE: $200.00 Customer Initial Please Individual or Sole Proprietorship SSN DOB _/_/_ Spouse SSN DOB _/_/_ Driver's License State Place of Employment Date Employed Work Phone # ( ) ~~ Ext. Tax Exempt ^ Fed ^ St ^ Co ^Loc FSW USE ONLY Deposit Amount: $ Deposit # Recd Date Activation/Service Charge $ Monthly Service Plan ~- I~ Included Monthly* Minutes Charge ~. ADD-A- PHONE ~ *All plans subject to applicable taxes, surcharges and assessments, including, but trot limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. ;%;- ~ Customer, Please Read and Initial I understand that there is a service commitment from the date of activation as set out above. I understand that all services are taxable -All applicable taxes, surcharges, and assessments will be billed on my monthly statement (not applicable if tax exempt). I understand the monthly access fee and included minutes will be prorated for the number of days I am in service for the first monthly billing cycle. (Billing cycle runs from the 20th of the month to the 19th of the following month.) I understand the difference between home, roaming, billing increments and rounding up of minutes. I have been provided a FSW customer information brochure. Corporatidn, LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type of Entity ~,~~ Tax ID # Officer Title Officer Title Trade Reference Phone # Acct # Tax Exempt ^ Fed ^ St ^ Co ^Loc Calling Features Monthly Monthly chazge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) _ No By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in [he capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of this document has been au[horizedby all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. Custol Title Printer FSW F Revised 1ao6 TERMS 8 CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 lJmlted Partnership dlb/a Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and tonditions spedfied herein and at rates and charges estab• lished from elms to time. Every use d the term 'you", "your" or "customer' in this document inductee you, individually, as well as any company or dher entity on whose behaH you are acting in submitting this application for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat- ing range of cell sites located in the FSW Home Service Area and may be available outside d that area in dher participating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide commercial mobile radio service, and any other areas where by contract FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without ndice to you. Service is furnished for use by you or others either expressly or impliedly authorized by you. Orders, including those which involve the Initiation, change or discontinuance d service, will be accepted try FSW only from you or your Authorized Agent. Any person able to provide your name, address, soda) security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, induding adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sde opinion, such assignment, designation or change is reasonably necessary in the arndud of its twsiness. A telephone number may rid appear in more than one mobile radio unit, and you may rid alter d program any mobile radio unit capable d using the FSW network so that it emulates or appears to be andher unit subscribed to FSW service, induding altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num• bar ar fvbblle Identification Number. FSW reserves the right to suspend service to all units sharing any of the described numbers without the express prior written consent d FSW. 2. SERVICE COMMITMENT • You have contracted with FSW to provide the Service to you for the term specified on the front d this document under the heading of "Service Commitment" The term d your Service Commitment begins on the first day your service is activated. At the end d your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have centracted for a service commitment other than a month•to-month term, you have received certain benefits from FSW in exchange for such service commitment which may indude, but are rid lim• iced to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commitment will be difficult, ii rid impossible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITEDTO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TOYOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUTTHE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon .thirty (30) days ndice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shalt be deemed a termination of service by y«,. 3. DEPOSITSlCREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance d all dher obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount d the greater d 2% per annum or that rate required by state law, wilt be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, whidt may result in a partial or total refund of the deposit to you or a credit to your account. ff, at any time during this Agreement, in the sole opinion d FSW, your credit and/or financial information proves unsatisfactory or if any dher reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation d the Service to you. You certify and warrant that the information provided by you on the front d this contract is complete and correct. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, induding wireless airtime charges used on dher wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any tell charges resulting from the origination d mobile calls to pdMS outside the FSW Tdl Free calling area; v) celled calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers for your unit's use d such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, tees, assessments, or recoveries imposed on you d FSW as a resuk of use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the carrier's fadlities, regardless d whether or not the call is completed. Airtime rates vary by market. There is a minimum charge far each connected call. Airtime is frilled in increments. While minute increments may be used. Actual airtime usage is rounded up to the neM increment for billing purposes. If you select a Calling Plan with included airtime, unused included airtime from one billing cycle will nil carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to inuease any and all rates upon thirty (30) days notice to you. You may sled to change your rate plan to another generally available rate plan of FSW at any time during the term d this Agreement. A service change fee may be charged in such event. In the event of your death, alt amounts due FSW under this Agreement for services provided to your wireless account, induding early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina• lion d this Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. fi. TAXES/FEE$/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do not indude any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount of any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. & NONPAYMENTlBREACH - A late payment charge of the lesser of 1.112 % per month, or the maximum rate permitted by law may be applied to each d your service bills not paid by the due date. The late payment charge is applied to the total unpaid amount Parried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negdiable instrument tendered by you to FSW which is returned unpaid by a financal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a collection agency or attorney to assist FSW in remedying your breach d this agreement, induding but not limited to the non-payment d charges hereunder, this expense will be paid try you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agendas, credit bureaus, private credit reporting associations, or dher providers of Commerdal Motile Radio Service. 8. TERMINATION OF SERVICE • You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than a month•to-month term), including termi- nation dyour service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front of this Agreement to FSW as liquidated damages. Upon the occurrence d any d the fdlowing with regard to the Service provided pursuant to this contract, or for any other service provided to you, including without limitation, Commerdal Mobile Radio Service or other services to dher units using dher numbers or accounts in your name or fd which you are responsible, to•wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; iI) vitiation d any term or condition of this or dher contracts or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without ndice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contract. FSW may also terminate service in the event d your insdvency, receivership, vduntary or invduntary bankruptcy, assignment for the benefit d creditors, or sale d substantially all of our assets. Disconnection of your service or termination d your contrect under any d these ciramstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing any applicable Early Termination Charge. Service also may be refused d discontinued without ndice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is dherwise in vitiation of any FCC Rules or Regulations; ii) services are nil available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fads indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to andher account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT-FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in writing. Units purchased from any source dher than directly from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direct all complaints regarding your wireless unit to the source d such equipment. You understand that in the event of nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurced until paymem in full is made. You agree to advise any prospective purchaser of your equipment of any such outstanding unpaid charges. M your equipment is stolen, you are responsible for ail charges for Commerdal Mobile Radio Seryice provided to the stolen unit until the then is reported to FSW directly by calling the customer service number at 830-896.1200 or 1-800.375.2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830-257.0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or dherwise limited due to: i) transmission limitations caused by atmospheric and dher oonditlons; ii) the availability d radio frequency channels; iii) system capadty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or from: i) your negligent or willful ad; ii) the failure of equipment Or d service rid provided through FSW facilities and; Ili) Ads d God, fire, riots, government authorities or dher causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY for problems encountered while dstomer is roaming in any other Commerdal Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or modificetion, or causes beyond cur reasonable contrd. Yau agree that the IiaWlity d FSW, it any, for intercuptlons, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or dherwise, is hereby limited to the allowance d a credit In the form d an adjustment for no more than the charges billed by FSW to you for the affected period, except that no credit shall be given for recurring monthly charges, if any, td a service probem d less than twenty-four (24) hours duration. Under no circumstances shall any credit exceed the wireless service charges billed for the period affected ty the service problem. FSW has the right to require that credits be applied for in welting and tq deny any request for credit fd an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or insuHideM in the opinion d FSW. Except es provided above, you hereby agree that FSW shall rid be liable for, and shall beheld harmless and indemnified by you from and against any and all claims and damages, d every kind, whether by con- tract or in tort, and spedfiatlly induding any claims or damages arising or alleged to arise out d negligence on the part d FSW, and induding spedfically specal w consequential damages, arising or alleged to arise out d the use d any service andor equipment provided under this contract, as well as any damages such as lost prdits arising out d or attributed, directly or indirectly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipment, induding the inability to successfully place an emergency call to 911 or any dher number, or the failure or inablity of any emergency answer- ing system or the Commercial Mobile Radio Service system to properly identify the calling number or the location or vicinity or the unit plating any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied warcanty, induding any warranty of merchantability or fitness for a partialar purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use d the equipment and services. You are sdely responside to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher tetleral, state, or local regula- tory agency in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent or representative d you in FCC matters or dherwise. You understand that for an additional fee, speakerphone equipment is availabe from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use bdh hands while operating such moor vehicle. This Paragraph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW -This Agreement shall be governed by the laws d the State d Texas. If any ale or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any rasped, such as invalidity, illegality, or unlnforceabiliry shall rid affect any other provisions hared, and this Agreement shall be construed as if such invalid, illegal, or unenforceade provision had never been comained herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a axttract when accepted in writing ty FSW, or its designee,which acceptance shall be at FSW's sale discretion. 13. CUMULATIVE REMEDIES • No right or remedy herein conferred upon or reserved to FSW is exclusive of any dher right or remedy herein or by law or equity provided or permitted, but each shall be cumu• lative d every dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to assert any and all existing or future Gaims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 15. CALL•FORWARDING CALLS - Call•forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 16. LONG DISTANCE CARRIER •FSW reserves the right to deliver some or all d your long distance calls to a long distance provider of FSW's choice. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicade taxes, when reactivating service after any service suspension. 18. SERVICE PLANS -Initial activations, reactivations, or plan changes d wireless service with FSW shall only indude rate plans currently being offered at the time the activation, reactivation, or plan change is completed. 19. PRIVACY -Commerdal Mobile Radio Service systems use radio channels to transmit voice and data wmmunicetions over a complex network. Although the law generally prohibits third parties from listen- ing In on Commerdal Mobile Radio Service calls, privacy cennd be guaranteed, and FSW shall rid be liable to you for any lade d privacy you experience while using the unit or any Commerdal Mobile Radio Service. If you are cencerned with protecting your privacy, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responside for notifying FSW d any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OFTHE PARTIES, ANDTHERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CLt87'OMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENT'S OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANT TOTHI8 AGREEMENT MAY BE MODIFlED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETOYOU. ~ c,~~~ ~~ Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20tH to 19tH 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS SERVICE AGREEMENT Initial Service ^ Renewal Service ^ Assumption of Account Today's Date c.~5~-~~' Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) ~~ ~~' !~~~~7 ~ Unlock Code ~xg~ ~ ~ n~ ~ ' ~- ;,,~ + ';:k i~ , r. p}i S,P ~ ~ ~4 d4. i ~t ti~~~. Y F - ~ ~ n71~.}ilf 5':. ~ =. .~ Subscriber Name ~~° ~~-C.~f y>J~~fac~,i ffi [9G.I ~'~a~ Service Commitment (Term of Contract) Spouse/Co-subscriber ~^''~ _ ° ~ S ' ~ Length of commitment: 2 Months ~ j - Home Phone # ( ) I understand the service commitment expires on Place of Primary Use ~ ~ ~ City County `~"~ MailingBilling Address ~~G7 ~4 ,~,~ ~' ~-. 5~,~~ ~ ~~~ EARLY TERMINATION CHARGE: $200.00 City ~E' ~'!"tJ, ~ ~) ~C County State "'TX' Zip ~ ~ C~ Customer Initial Please ,~~ '"'~~' ti ~ ~ ~ r ~ - 4 1 k , ,. _. k, ~ '~ c~ Individual or Sole Proprietorship Corporation,'LLC, Partnership, Ltd. Partnership, LLP, SSN DOB _/_/_ Government Agency Spouse SSN DOB / / _ _ _ Type of Entity ~Tc'~ f1 t'r'/~ l'VI co~~ Driver's License State Tax II Place of Employment ~ Office Date Employed 3 r Title Work Phone # () Ext. T E t ^ F d ^ St ^ C ^ L Office xemp ax e . o oc FSW USE ONLY Deposit Amount: $ Deposit # _ Recd Date Activation/Service Charge $ ~•J Agent Name J f~ ,/~~. .Credit Check ^ Activation ^ MDN Phone No. g30 - MIN Phone No . 8 3 ~ - ~ ~ / ''~ r~,~~ L J Account Number ~ ~ ~ ~ ~~ Phone Mfg/Model 1'1'1 n to /,y~/ ~"" MEID ''New ^ Used ESN (11 digits) ~ ~ ~~ PSUEDO ESN (8 characters) Monthly Included Monthly* Service Plan Minutes Charge (~" ADD-A- ' /"~ PHONE ~~ 9 ~ *All plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. , ''~ Ott yj.$1p lr3 ~y;` Customer, Please Read and Initial I understand that there is a service commitment from the date of activation as set out above. I understand that all services are taxable -All applicable taxes, surcharges, and assessments will be billed on my monthly statement (not applicable if tax exempt). I understand the monthly access fee and included minutes will be prorated for the number of days I am in Title Trade Reference Phone # Acct # Tax Exempt ~ ~ St C~C-o oc Calling Features Monthly Monthly charge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of this document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts service for the first monthly bfihng cycle. (Bfllmg cycle runs not paid when due. from the 20th of the month to the 19th of the following month.) Custor I understand the difference between home, roaming, billing increments and rounding up of minutes. Title I have been provided a FSW customer information P . brochure. rmtec FSW F Revised 111x08 TERMS & CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership d/b/a Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estab• Iished from time to time. Every use d the term 'you", "your" or "vestomer• in this document includes you, individually, as well as any company or dher entity on whose behaM you are acting in submiriing this application for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operet- ing range d cell sites located in the FSW Home Service Area and may be available outside d that area in dher participating carrier service areas. The "Home Service Area" is the area within which FSW Is licensed to provide Commerclal mobile radio service, and any other areas where by contract FSW subsdibers may make calls at the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished for use by you d others either expressly or impiiedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance d service, will be accepted by FSW only from you or your Authorized Agent. Any person able to provide your name, address, social security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information alwut and make changes to your account, induding adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sde opinion, such assignment, designation or change is reasonably necessary in the conduct of its business. A telephone number may nd appear in more than one mobile radio unit, and you may nd alter d program any mobile radio unit capable d using the FSW network so that it emulates or appears to be another unit subscribed to FSW service, induding altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber ar Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any of the described numbers without the express prior written consent d FSW. 2. SERVICE COMMITMENT - Vou have contracted with FSW to provide the Service to you for the term spedfied on the front d this document under the heading d "Service Commitment"The term d your Service Commitment begins on the first day your service is activated. At the end of your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month•to•month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have contracted for a service commitment dher than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may indude, but are nd Iim• ited to, subsidization d the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your txeach d your service commtment will be difficult, if nd impossible, to deter- mine. THEREFORE, IF FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITEDTO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUT THE CONSENT OF FSW. Except for the speclal services offered in exchange for your service commitment, FSW reserves the right to increase any and alt rates upon .thirty (30) days notice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination d service by you. 3. DEPOSITSlCREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a severity interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance d all other obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount d the greater d 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your tleposit, which may result in a partial or total refund of the deposit to you or a credit to your account. ff, at any time during this Agreement, in the sole opinion of FSW, your credit and/or finandal information proves unsatisfactory or ii any dher reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant tha4 the information provided by you on the front d this contras is complete and correct. 4. RATES, CHARGES ANO PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, induding wireless airtime charges used on dher wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any tdl charges resulting from the origination d mobile calls to prints outside the FSW Tdl Free calling area; v) Idles calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers for your unit's use d such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, tees, assessments, or recoveries imposed an you or FSW as a result of use d the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated try or terminated to your wireless telephone unit begins when a connection is established between the unit and the cercier's facllities, regardless d whether or not the call is completed. Airtime rates vary by market. There is a minimum charge for each connected call. Airtime is billed in increments. Whole minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you salad a Calling Plan with included airtime, unused included airtime from one billing cycle will nd carry aver to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to indease any and all rates upon thirty (30) days notice to you. You may ales to change your rate plan to another generally available rate plan of FSW at any time during the term d this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, induding early termination charges and monthly service charges through the service commitment date, shall constitute an dNigation of your estate. This Paragraph 4 in its entirety shall survive termina- tion dthis Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 5. TAXES/FEESlSURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do not indude any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, tee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount d any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH - A late payment charge of the lesser of 1.1/2% per month, or the maximum rate permitted by law may be applied to each d your service bills not paid by the due date. The late payment charge is applied to the trial unpaid amount Parried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negdiable instrument tendered by you to FSW which is returned unpaid by a finandal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a cdledion agency or attorney to assist FSW in remedying your breach d this agreement, induding but not limited to the non-payment d charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting assoclations, or dher providers d Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (dher than amonth-lo-month term), including termi- nation dyour service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front d this Agreement to FSW as liquidated damages. Upon the occurrence d any d the folowing with regard to the Service provided pursuant to this contras, or for any other service provided to you, including without limitation, Commercial Mobile Radio Service or dher services to dher units using dher numbers or accounts in your name or fd which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; li) vitiation d any term or cendftion of this or dher contracts or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without ndice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contras. FSW may also terminate service in the event d your insdvency, receivership, vduntary or involuntary bankruptcy, assignment for the benefit of creditors, or sale of substantially all of our assets. Disconnection d your service or termination of your contres under any d these drvemstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing arty applicable Early Termination Charge. Service also may be refused or discontinued without noice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is dherwise in vitiation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor, iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fans indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to another account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT -FSW is not responsible for the installation, operation, quality of transmission or maintenance d your wireless telephone unless other- wise agreed to In writing. Units purchased from any source dher than directly from FSW, induding those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direr ail complaints regarding your wireless unit to the source d such equipment. You understand that in the event d nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were inverced until payment in full is made. You agree to advise any prospesive purchaser of your equipment of any such outstanding unpaid charges. If your equipment is stoen, you are responsible for all dtarges for Commerdal Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830-89&1200 or 1-800.375-2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830.257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATK)N AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or dherwise limited due to: i) transmission limitations caused by atmospheric and dher condHlons; ii) the availability d radio frequenq channels; iii) system cepadty IimNations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar asivNies; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or from: i) your negligent or willful as; ii) the failure of equipment or d service nd provided through FSW fadlities and; iii) Ass d God, fire, rids, government authorities or dher causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY for problems encountered while customer is roaming in any other Commerdal Mobile Radio Service area, for ass or omissions of any other service provider, for information provided through your unit, equipment failure or mod'rf(cation, or causes beyond our reasonable contrd. You agree that the liability d FSW, if any, for interruptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or dherwise, is hereby limited to the allowance d a credit in Me form d an adjustment for no more than the charges billed by FSW to you for the affected period, except that no credit shall be given for recurring monthly charges, it any, for a service problem d less than twenty-four (24) hours duration. Under na circumstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to require that credits be applied for in writing and to deny any request for credit for an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or insufHdeM in the opinion of FSW. Except es provided above, you hereby agree that FSW shall nd be liable tor, and shall be held harmless and indemnified by you from and against any and all claims and damages, d every kind, whether by con- tras Or in tort, and specifically induding any claims or damages arising or alleged to arise out d negligence On the part d FSW, and induding speafically spedal or consequential damages, arising or alleged to arise out d the use d any service and/or equipment provided under this contract, as well as any damages such as lost prdits arising out d or attributed, directly or indiresly, to service problems or any failures d the Commerdal Mobile Radio Service system d your equipment, induding the inability to successfully place an emergency call to 911 or any other number, or the failure or inability of any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identify the calling number or the location or vicinity or the unit plating any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service d your wireless equipment and disclaims any implied warranty, induding any warranty o1 merchantability or fitness for a particular purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and servlces.Yve are sdely responsible to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher federal, state, or local regula- tory agency in the operation and use d your wireless equipment, induding ail content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent or representative d you in FCC matters or dherwise. You understand that for an additional fee, speakerphone equipment is availabe from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use both hands while operating such moor vehicle. This Paragraph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW -This Agreement shall be governed by the laws d the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any respes, such as invalidity, illegality, or uninforceability shall nd aHect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12. ACCEPTANCE -This document is an rifer by you to accept the Service, which will become a contras when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES • No right or remedy herein conferred upon or reserved to FSW is exclusive d any dher right or remedy herein or by law d equity provided or permitted, but each shall be vemu- lative devery dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. Ili. CALL-FORWARDING CALLS - Call•forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 18. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all d your long distance calls to a long distance provider d FSW's choice. 1T. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any service suspension. 18. SERVICE PLANS -Initial activations, reasivations, or plan changes d wireless service with FSW shall only include rate plans currently being offered at the time the activation, reactivation, or plan change is completed. 19. PRIVACY -Commerdal Mobile Radio Service systems use radio channels to transmit vdce and data communications over a complex network. Although the law generally prohibits third parties from listen- ing In on Commerdal Moblle Radio Service calls, privacy cennd be guaranteed, and FSW shall not be liable to you for any lads d privacy you experience while using the unit or any Commerdal Mobile Radio Service. H you ere concerned with prdecting your privacy, there may be products an the market available at your expense which can scramble your sills. 20. CHANGE OF ADDRESS -You are responsible for notifying FSW d any dtanges in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OFTHE PARTIES, ANDTHERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATINGTOTHE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTOTHIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETOYOU. d ~ ~ Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19tH 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS SERVICE AGREEMENT Initial Service ^ Renewal Service ^ Assumption of Accou~n/t Today's Date ~'~ "1 '- Activation Date Current/Previous Customer of SW ^ es ^ no Wireless Number(s) ~~" .. -' ~, ~ Subscriber Name Agent Name ~~ ~ ~ ~~ Credit Check ^ Activation ^ MDN Phone No. 030 - MIN Phone No. 030 - ~ ~ ~ °~ :~~~~ J' Account Number - `338 Phone Mfg/Model MEID New ^ Used ESN (11 digits) PSUEDO ESN (8 characters) r~ Unlock Code ~/ u ~~ ; ,~,~. /// .s A~i rs ~ ~ ...,~ ~,i~11 Jj,,, try Service Commitment (Term of Contract) Spouse/Co-subsc 'b??er - o~ Phone # (~JQ) ~ ~ Length of commitment: G~ Months r I understand the service commitment expires on Place of Primary Use .,. ~ ~~ City County Mailing/Billing Address ~ ~ EARLY TERMINATION CHARGE: $200.00 City County State ~ Zip ~~ ~~ Customer Initial Please _ ~ ~9z '~~~~~1+::~ ~. -, 8`r sv~ "`.' n k ':iK s' c4 ~ ~'..": ~ s x'4.4 ar'4z^. Sr ~H'3iY..~ ~5 ~_~f ' r~ ~ y,.ti ;' Individual or Sole Proprietorship Corporation,, LLC, Partnership, Ltd. Partnership, LLP, SSN DOB _/~/_ Government Agency Spouse SSN DOB _/_/_ Driver's License State Place of Employment Date Employed p Work Phone # ( ~~° 7 ~ ' r~~~ Ext. Tax Exempt ^ Fed ^ St . ^ Co ^Loc FSW USE ONLY Deposit Amount: $ Deposit # Recd Date Activation/Service Charge $ Type c Tax IL Office Title Office Title Trade xeterence Phone # Acct # Tax Exempt Fed St Co Loc a, ; ,L, . .. ; `,; . , , Monthly Included Monthly* Service Plan Minutes Charge ADD-A- 11 • PHONE 3~~ *All plans subject to applicable taxes, surcharges and assessments, including, but not litnited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrasttncture Fund reimbursements. SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No Customer, Please Read and Initial By signature, customer agrees to all terms and conditions in the I understand that there is a service commitment above application for FSW wireless service as stated on both sides from the date of activation as set out above. of this service agreement and confirms the truth and completeness I understand that all services are taxable -All of the information supplied. applicable taxes, surcharges, and assessments will be billed If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity on my monthly statement (not applicable if tax exempt). Shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of I understand the monthly access fee and included this document has been authorized by all necessary corporate action. In the event of an unauthorized minutes will be prorated for the number of days I am in signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. service for the first monthly billing cycle. (Billing cycle runs ~ from the 20th of the month to the 19th of the following month.) Custon I understand the difference between home, roaming, billing increments and rounding up of minutes. Title I have been provided a FSW customer information printed brochure. FSW P Calling Features Monthly Monthly charge will not apply when included in service plan. Charge Revised 10y08 TERMS & CONDITIONS OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership d/b/a Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estab• lished from time to time. Every use of the term "you", 'your" or "cuslomeP in this document includes you, individually, as well as any company or other entity on whose behalf you are acting in submitting this application for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat• ing range of cell sites located in the FSW Home Service Area and may be available outside of that area in other participating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide Commerdal mobile radio service, and any other areas where by central FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished for use by you or others either expressly or impliedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance of service, will be accepted by FSW only from you or your Authorized Agent. Any person able to provide your name, address, sodal security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, induding adding new Service or number. You have rto property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sole opinion, such assignment, designation or change is reasonably necessary in the cendud of its business. A telephone number may not appear in more than one mobile radio unit, and you may na alter or program any mobile radio unit capable of using the FSW network so that it emulates or appears to be another unit subscribed to FSW service, induding altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num• bar or Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any of the described numbers without the express prior written consent of FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term spedfied on the front of this doament under the heading o1 "Service Commitment"The term of your Service Commitment begins on the first day your service is activated. At the end of your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. Ii you have contracted for a service Commitment other than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may indude, but are not IIm- ited to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach of your service commitment will be diffiwlt, if not impossible, to deter- mine. THEREFORE, IF FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITEDTO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR ANO IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUT THE CONSENT OF FSW. Except for the spedal services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon .thirty (30) days notice to you. For purposes of this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination of service by you. 3. DEPOSITS/CREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to severe payment to FSW for the Service provide to you and you hereby grant FSW a severity interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance of all other obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater of 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation of service, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or total refund of the deposit to you or a credit to your account. ff, at any time during this Agreement, in the sole opinion of FSW, your credit and/or finandal information proves unsatisfactory or ii any other reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant than the information provided ny you on tha front of this contract is complete and correct. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, induding wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any tell charges resulting from the origination of mobile calls to prints outside the FSW Toll Free calling area; v) celled calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers for your unit's use of such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries imposed on you a FSW as a result of use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the carrier's tadlities, regardless of whether or not the call is completed. Airtime rates vary by market. There is a minimum charge fa each connected call. Airtime is billed in increments. While minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you select a Calling Plan with inducted airtime, unused inducted airtime from one billing cycle will not carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may Bled to change your rate plan to another generally available rate plan of FSW at any time during the term of this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, induding early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina- tion of this Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 6. TAXESIFEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do not indude any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. It any such tax, fee or assessment, whether or not listed herein, is determined to t>e applicable, then you agree to pay FSW the full amount of any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH - A late payment charge of the lesser of 1.1/2% per month, or the maximum rate permitted by law may be applied to each of your service bills not paid by the due date. The late payment charge is applied to the total unpaid amount Parried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negotiable instrument tendered by you to FSW which is returned unpaid by a finandal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure farm of payment, at FSW's discretion. Ii FSW obtains the services of a Cdledion agency or attorney to assist FSW in remedying your breach of this agreement, induding but not limited to the non-payment of charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agendas, credit bureaus, private credit reporting associations, or other providers of Commerdal Mobile Radio Service. & TERMINATION OF SERVICE -You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than a month•to-month term), induding termi- nation of your service by FSW because of your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front of this Agreement to FSW as liquidated damages. Upon the occurrence of any d the folowing with regard to the Service provided pursuant to this contract, or for any other service provided to you, including without limitation, Commerdal Mobile Radio Service or other services to other units using other numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service ar purchase or repair of any wire- less unit; li) vitiation of any term or condftion of this or other contracts or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contract. FSW may also terminate service In the event of your insolvency, receivership, voluntary or invduntary bankruptcy, assignment for the benefit of creditors, or sale d substantially all of our assets. Disconnection of your service ar termination of your cantrect under any of these dramstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement indud- ing any applicable Early Termination Charge. Service also may be refused w discontinued without notice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is otherwise in vitiation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fads indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to another account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT-FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in wrting. Units purchased from any source other than directly from FSW, induding those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direct all complaints regarding your wireless unit to the source of such equipment. You understand that in the event of nonpayment of charges, the Commercial Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until payment in full is made. You agree to advise any prospective purchaser of your equipment of any such outstanding unpaid charges. If your equipment is stoen, you are responsible for all charges for Commercial Mobile Radio Seryice provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830.898.1200 ar 1-800-375-2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830.257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATK)N AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or otherwise limited due to: i) transmission limitations caused by atmospheric and other Conditions; ii) the availability of radio freyuenq channels; iii) system cepadry limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; and vl) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any of the above referenced conditions or from: i) your negligent or willful ad; ii) the failure of equipment or of service not provided through FSW facilities and; iii) Ads of God, fire, riots, government authorities or oher causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY for problems encountered while Customer is roaming in any other Commerdal Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or modification, or causes beyond our reasonable control. You agree that the liability d FSW, if any, for interruptions, delays, and failures in transmission of service (service problems) to you, whether caused by the negligence of FSW or otherwise, is hereby limited to the allowance of a credit In the form of an adjustment for no more than the charges billed by FSW to you for the affected period, except that no credit shall be given for recurring monthly charges, if any, for a service problem of less than twenty-four (24) hours duration. Under no ciramstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to require that credits be applied for in writing and to deny any request for credit for an alleged service problem where the evidence of such problem is inconclusive, or the request is otherwise unwarranted or insufBdeM fn the opinion of FSW. Except as provided above, you hereby agree that FSW shall not be liable for, and shall beheld harmless and indemnified by you from and against any and all claims and damages, of every kind, whether by cen- tred Or In tart, and spedfically induding any claims or damages arising or alleged to arise out of negligence on the part of FSW, and induding spedficelly spedal or consequential damages, arising or alleged to arise out d the use of any service andror equipment provided under this contract, as well as any damages such as lost profits arising out of or attributed, directly or indirectly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipment, induding the inability to successfully place an emergency call to 911 or any other number, or the failure or inability of any emergency answer- ing system or the Commercial Mobile Radio Service system to properly identity the calling number or the location or viclniry or the unit placing any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied wananty, induding any warranty of merchantability or fitness for a particular purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. Yau are sdely responsible to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and conditions of the FCC or any other federal, state, or local regula- tory agancy in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased ar how obtained. Neither FSW, or any of its employees is an agent a representative of you in FCC matters or otherwise. Yau understand that for an additional fee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use both hands while operating such motor vehicle. This Paragreph 10 in its entirety shall survive termination of this Agreement. 11. GOVERNING LAW -This Agreement shalt be governed by the laws of the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any respect, such as invalidity, Illegality, or uninforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a contract when accepted in writing by FSW, or its designee,which acceptance shall t>e at FSW's sole discretion. 13. CUMULATIVE REMEDIES • No right or remedy herein conferred upon or reserved to FSW is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shell be cumu- lative of every other right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS • Customer hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless of any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. Ili. CALL-FORWARDING CALLS -Call-forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 18. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all of your long distance calls to a long distance provider of FSW's choice. 17. RECONNECTION FEE • Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any service suspension. 18. 8ERVICE PLANS • Initial adivatlons, reactivations, or plan changes of wireless service wtth FSW shall only indude rate plans currently being offered at the time the activation, reactivation, or plan change is canpleted. 19. PRIVACY -Commercial Mobile Radio Service systems use radio channels to transmit voice and data communications over a complex network. Although the law generally prohibits third parties from listen- ing In on Commerdal Mobile Radio Service calls, privacy cannel be guaranteed, and FSW shall not be liable to you for any lads of privacy you experience while using the unit or any Commerdal Mobile Radio Service. If you are concerned with protecting your privacy, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responsible for notifying FSW of any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTO THIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETOYOU. ~zc~ ~C, (~ne~al 9~.dvndur~ Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t" to 19t". 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR W~R~LESS SERVICE AGREEMENT f~ Initial Service ^ Renewal Service ^ Assumption of Account p Today's Date ~°'` ~~c7 Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) ~-/5 ~--~ ~~y~ Agent Name ~~ G~ .Credit Check ^ Activation ^ MDN Phone No. g3~ - MIN Phone No. g3~ - ~~~ -~~,~ Account Number ~ ~ 7 3~~ Phone Mfg/Model ~~') a ~`r~ l~ ,31 S- MEID ~y lvew ^ Used ESN (11 digits) ~ q~ 7~,;,. PSUEDO ESN (8 characters) ~ Unlock Code ~+ t ~ .j ~ .2"~ J ~ ~ r 7 ~ . , S ~~ ~ j: r : '~ ~ ~¢`~y ~z~ ,~ t r L . `~5 y,, _T r , r , Subscriber Name f~ N ~ ~ ~ / ~ Service Commitment (Term of Contract) Spouse/Co-subscriber Home Phone # ( ) ~ ~~ --~,~ 3 ~ Place of Primary Use City County MailingBillin Address .,.~ D CJ ~,rtl .~ u ~ ~~. /t~ . City 6c? !'./" u r ~/I c! County State '"T~J~ Zip Length of commitment: _,~_~_ Months I understand the service commitment expires on ,~~~ ca r EARLY TERMINATION CHARGE: $200.00 Customer Initial Please u. ,< ~ , .fix. ``~ ~~*'C"y* ~:ra''a, r.~. ~~~ ~ ,«+ _4 ~,4~.-,, ._ ..~ .. ,~,_ - - Individual or Sole Proprietorship Corporation, LLC, Partnership, Ltd. Partnership, LLP, SSN DOB _/^/_ Government Agency Spouse SSN DOB _/_/_ Driver's License State Place of Employment Date Employed Work Phone # ( ) ~h` '"` 7 Ext. Tax Exempt ^ Fed ^ St . ^ Co ^ Loc FSW USE ONLY Deposit Amount: $ Deposit # Recd Date Activation/Service Charge $ Title Office Title f`'CC'/l Gor~rv?'~y ~.~ ~~'N-~: Trade Reference Phone # Acct # Tax Exempt Fed ,~~St .~-'Co ~oc t} .. Monthly Included Monthly* Service Plan Minutes Charge ADD-A- PHONE /~; ~ -~ *All plans subject to applicable taxes, surchazges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. Calling Features Monthly Monthly charge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No o `,Y h_ .. i .r~.~ n. ~.a.. ~h~ nr,4v:., +[ .. =px;+ k 'u-:~.` .`r. F ?,.e, ., v ~~ .. . ...; .. Customer, Please Read and Initial I understand that there is a service commitment from the date of activation as set out above. I understand that all services are taxable -All applicable taxes, surcharges, and assessments will be billed on my monthly statement (not applicable if tax exempt). I understand the monthly access fee and included minutes will be prorated for the number of days I am in service for the first monthly billing cycle. (Billing cycle runs from the 20th of the month to the 19th of the following month.) I understand the difference between home, roaming, billing increments and rounding up of minutes. I have been provided a FSW customer information brochure. Type c Tax II Office By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of this, document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. Custor. Title Printec FSW F Revised tOJ08 TERMS 6 CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership dlbla Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estab- lishedfrom time to time. Every use d the term 'you", your" or "customeP in this document includes you, individually, as well as any company or dher entity on whose behaff you are ailing in submitting this application for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat- ing range of cell sites located in the FSW Home Service Area and may be available outside d that area in dher partidpating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide cemmerdal mobile radio service, and any other areas where by contract FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without ndice to you. Service is furnished for use by you or others either expressly or impiiedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance d service, will be accepted M FSW only from you or your Authorized Agent. Any person able to provide your name, address, social security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, induding adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, ar dtange such number, when, in its sole opinion, such assignment, designation d change is reasonably necessary in the conduct d its business. A telephone number may nil appear in more than one mobile radio unit, and you may nil alter Or program any mobile redio unit capable d using the FSW network so that it emulates or appears to be andher unit subscribed to FSW service, induding altering the manufailurer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber or Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any d the described numbers without the express prior written cortsent d FSW. 2. SERVICE COMMITMENT -You have contrailed with FSW to provide the Service to you for the term spedfied on the front d this document under the heading of "Service Commhment' The term d your Service Commitment begins on the first day your service is activated. At the end o1 your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month•to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have contracted for a service commitment dher than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may indude, but are nil lim• iced to, subsidization of the purchase price d your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commitment will be diffialt, if nil impossible, to deter- mine. THEREFORE, IF FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION GATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH• OUT THE CONSENT OF FSW. Except for the spedal services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30) days ndice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination d service by you. 3. DEPOSITSfCREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance of all dher obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount d the greater d 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill ar any dher amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or filet refund of the deposit to you or a credit to your account. ff, at any time during this Agreement, in the sole opinion of FSW, your credit and/or finandal information proves unsatisfactory or it any dher reason arises, such as, but not limited to, suspeiled unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its silo discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant that the information provided by you on the front d this contrail is complete and correil. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW alt charges for i) wireless airtime usage, induding wireless airtime charges used on dher wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination of mobile calls to pdms outside the FSW Tdl Free calling area; v) Idled calls; vi) dher charges or calls billed to your wireless unit induding all roamer charges, such as daily charges billed by other wireless providers for your unit's use d such providers' systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries imposed on you or FSW as a resuh of use d the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeade time for calls originated by or terminated to your wireless telephone unit begins when a connedian is established between the unit and the carcier's fadlities, regardless d whether or not the call is completed. Airtime rates vary by market. There is a minimum charge for each oonneiled call. Airtime is billed in inctemenls. While minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you soled a Calling Plan with included airtime, unused included airtime from one billing cycle will nil carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and alt rates upon thirty (30) days notice to you. You may Bled to change your rate plan to another generally available rate plan d FSW at any time during the term d this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, induding early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina- tion dthis Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS. ALL CHARGES ARE CONSIDERED VALID. 6. TAXES/FEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do not indude any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 91 t fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount of any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. & NONPAYMENT/BREACH - A late payment charge of the lesser of 1.1/2 % per month, or the maximum rate permitted by law may be applied to each d your service bills not paid by the due date. The late payment charge is applied to the filet unpaid amount Parried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any ched< or other negotiable instrument tendered by you to FSW which is returned unpaid by a finandal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a collodion agency or attorney to assist FSW in remedying your breach d this agreement, induding but not limited to the non-payment of charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agendas, credit bureaus, private credit reporting assodations, or dher providers d Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. It you terminate service before the completion of any service commitment (other than amonth-to-month term), including termi- nation dyour service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front d this Agreement to FSW as liquidated damages. Upon the occurrence d any d the folowing with regard to the Service provided pursuant to this contrail, or for any other service provided to you, induding without limitation, Commercial Mobile Radio Service ar dher services to dher units using dher numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; Ii) vitiation d any term or condition of this or dher contrails or agreements with FSW, subjeil to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with ar wNhaul ndice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contrail. FSW may also terminate service in the event d your insdvency, receivership, vduntary or involuntary bankruptcy, assignment for the benefit of creditors, or sale d substantially all of our assets. Disconneilion of your service or termination d your contrect under any d these drwmstances shalt be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing any applicable Eany Termination Charge. Service also may be refused ar discontinued without ndice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is dherwise in vitiation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fads indicating that your credit standing has deterioreted; v) you fail to pay FSW for any service provided to you or for your benefit to another axount or wireless number; or vi) you tail to provide any security deposit or additional security deposit as may be required now or in the luture. 9. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT -FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless dher- wise agreed to in wilting. Units purchased from any source dher than direilly from FSW, including those purchased tram authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direct all complaints regarding your wireless unit to the source d such equipment. You understand that in the event d nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment an which the delinquent charges were incurced until payment in full is made. You agree to advise any prospective purchaser d your equipment of .any such outstanding unpaid charges. ff your equipment is stoen, you are responsible for all dtarges for Commercial Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830-898.1200 d 1-800.375.2298, M after 5:00 p.m. weekdays, and during weekends and holidays, 830.257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY • Service may be temporarily interrupted, delayed or dherwise limited due to: i) transmission limitations caused by atmospheric and dher conditions; i() the availability d radio frequency channels; iii) system cepaclty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; and vl) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or from: i) your negligent or willful ad; ii) the failure of equipment or d service nil provided through FSW fadlities and; Iii) Ads of God, fire, rids, government authorities or dher causes beyond the contrd d FSW. FSW accepts NO RESPONSIBILITY for problems encountered while automer is roaming in any dher Commercial Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or modNication, or causes beyond our reasonable comrd. You agree that the liability d FSW, if any, for interruptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or otherwise, is hereby limited to the allowance d a credit In the form d an adjustment for no more than the charges billed by FSW to you for the affected period, except that no credit shall be given for recurring monthly charges, if any, for a service probem d less than twenty-four (24) hours duration. Under no circumstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to require that credits be applied for In writing and tq deny any request for credit for an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or insufBdeM in the opinion d FSW. Except as provided above, you hereby agree that FSW shall nil be IiaWe tor, and shall be held harmless and indemnified by you from and against any and all claims and damages, d every kind, whether try con- trail or in tort, and specifically induding any claims or damages arising or alleged to arise out d negligence on the part d FSW, and induding spedfically spedal or consequential damages, arising or alleged to arise out d the use d any service and/or equipment provided under this contrail, as well as any damages such as lost prdits arising out of d attributed, directly or indirectly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipment, induding the inability to successfully place an emergency call to 911 or any other number, or the failure or inability of any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identify the calling number a the location or vidnity or the unit plating any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service d your wireless equipment and disclaims any implied warranty, induding any warranty of merchantability or fitness for a pardalar purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdely responsible to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher federal, state, or local regula- tory agency in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent or represemative d you in FCC matters d dherwise. You understand that for an additional fee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use bdh hands while operating such mdor vehicle. This Paragreph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW -This Agreement shall be governed by the laws d the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any rasped, such as invalidity, Illegality, or uninforceability shall nil affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been rbMained herein. 12. ACCEPTANCE -This dowment is an offer by you to accept the Service, which will become a contract when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon or reserved to FSW is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumu- lative d every dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or dfset which maybe asserted by Customer or on Customer's behalf. 15. CALL•FORWARDING CALLS -Call-forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 16. LONG DISTANCE CARRIER -FSW reserves the right to deliver same or all d your long distance calls to a long distance provider of FSW's choice. 1T. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any service suspension. 1& SERVICE PLANS • Initial activations, reactivations, or plan changes d wireless service with FSW shall only indude rate plans currently being offered at the time the activation, reactivation, or plan change is cempleted. 19. PRIVACY • Commercial Mobile Radio Service systems use radio channels to transmit voice and data communications over a complex network. Although the law generally prohibits third parties from listen- ing in on Commerdal Mobile Radio Service calls, privacy cennd be guaranteed, and FSW shall not be liable to you for any lads d privacy you experience while using the unit or any Commerdal Mobile Radio Service. g you are concerned with prdeding your privacy, there may be products on the market available at your expense which can scramble your tails. 20. CHANGE OF ADDRESS -You are responsible for ndifying FSW of any changes in your address. 21. THIS AGREEMENT CONSTITUTESTHE ENTIRE AGREEMENT OF THE PARTIES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATINGTOTHE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANT TO THIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETOYOU. ~~ ~, (~mu~aD 9~9dv~Qurh Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t" to 19t" 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS SERVICE AGREEMENT Initial Service ^ Renewal Service ^ Assumption of Account Today's Date ~ '" ~ d Q Activation Date Current/Previous Customer of FSW ^ es ^ no Wireless Number(s) ~~~° l~! Subscriber Name ~Fanie Phone # Place of Primary Use City City_ State EARLY TERMINATION CHARGE: $200.00 Customer Initial Please k ,~. , ~y, T ~. 1 ~„~~ *.7~ ia, i~„'rc'~t~9"~ ~. r F - d .,ad^ ro ~ ~Y~~64'~x ~e3` _~r>b ~. ~ .k~itY f ~,'.: J ~,. ' F, n}~+t~ rdy i~~ ~ ~.~l k. l ';'~.X ~~r.e ~ 11 ar, 11~f ~r /~7f ~Fi[13~ 'frl iM'~;4.~ Individual or Sole Proprietorship Corporation,'LLC, Partnership, Ltd. Partnership, LLP, SSN DOB _/_/_ I Government Agency Spouse SSN DOB _/_/_ Driver's License State Place of Employment Date Employed Work Phone # ) ~gT_~ Ext. Tax Exempt ^ Fed ^ St ^ Co ^ Loc FSW USE ONLY Deposit Amount: $ Deposit # ~ Rec'd Date Activation/Service Charge $ "`~ ~y - - E. Service Commitment (Term of Contract) Type Tax II Office Title Office Title Trade Phone # Acct # Tax Exempt Fed St Co Loc .~ ~. z.; h} .:'a .ta}.. ~~k. c-rivl.'..N ..s -~~ V-9x~tla 3i,.x:;. ~u E.;41`y.D-} '~(~V-,.~,r v>~ q ` ~ ~ ., ~ ~ ~ Length of commitment: _ Months E~---~~ I understand the service c/o~mmintment expires on C'~nnty ~~(~~( / _ County Zip 7~(7~ Monthly Included Monthly* Service Plan Minutes Charge ADD-A- ,$~#~~" PHONE *All plans subject to applicable taxes, surchazges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. ~Y Customer, Please Read and Initial I understand that there is a service commitment from the date of activation as set out above. I understand that all services are taxable -All applicable taxes, surcharges, and assessments will be billed on my monthly statement (not applicable if tax exempt). I understand the monthly access fee and included minutes will be prorated for the number of days I am in serv' f th f hl b' ' Calling Features Monthly Monthly charge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of this document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts Ice or a Irst mont y Ilhng cycle. (Bllhng cycle runs not paid when dne. from the 20th of the month to the 19th of the following .-._.._,_,~ month.) Customer Signal ---~--y I understand the difference between home, roaming, , billing increments anc~ rounding up of minutes. Title ~ ' Date I have been provided a FSW customer information printed Name ~ ~l1~`.,-,~ brochure. Agent Name ~~.~J ~' .Credit Check ^ Activation ^ MDN Phone No. 8 3 ~ - MIN Phone No. 03O - ~ ,~ 9.-- ~~f-7~ Account Number __~_ " / 3 3 4 Phone Mfg/Model ~ j MEID New ^ Used ESN (11 digits) PSUEDO ESN (8 characters) ,j Unlock Code 'i~//) FSW Representative Revised tt7,/08 TERMS & CONDITIONS OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership d/Wa Five Star Wireless (FSW), provides Commercal Mobile Radio Service (the "Service") on the terms and conditions speclfied herein and at rates and charges estab• fished from time to time. Every use d the term 'you", 'your" or "customeP in this doamenl includes you, individually, az well az any company or other entity on whose behaH you are ailing in submitting this appliceHon for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commercial Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat- ing range d cell sites located in the FSW Home Service Area and may be available outside of that area in dher participating cercier service areas. The "Home Service Area" is the area within which FSW is licensed to provide Commerdal mobile radio service, and any dher areaz where by contrail FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished for use by you or others either expressly or impliedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance d service, will be accepted by FSW only tram you or your Authorized Agent. Any person able to provide your name, address, sodal security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, including adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sde opinion, such assignment, designation or change is reasonably necessary in the conduct d its twsiness. A telephone number may nil appear in more than one mobile radio unit, and you may nil alter or program any mobile radio unit capable d using the FSW network so that it emulates or appears to be another unit subscribed to FSW service, including altering the manufailurer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber or Mobile Identification Number. FSW reserves the right to suspend service to alt units sharing any of the described numbers without the express prior written consent d FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term speafied on the front d this document under the heading of "Service Commitment" The term of your Service CwnmHment begins on the first day your service is activated. At the end d your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have contracted for a service cemmltment other than amonth-to-month term, you have received certain benefks from FSW in exchange for such service commitment which may include, but are nil Iim• ited to, subsidization of the purchase price of your wireless unit. Yau understand and agree that FSW's damages arising out of your breach d your service commitment will be difficult, if nil impossible, to deter- mine. THEREFORE, IF FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH• OUT THE CONSENT OF FSW. Except for the spedal services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination d service by yOU. 3. DEPOSITS/CREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment d all sums due hereunder to FSW, az well az the performance of all dher obligations you may have to FSW no matter how arising, whether now exist- ing or hereatter arising. Interest in the amount of the greater d 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or trial refund of the deposit to you or a credit to your account. H, at any time during this Agreement, in the sole opinion d FSW, your credit and/or finandal information proves unsatisfactory or ii any dher reason arises, such az, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant that the information provided by you on the front of this contrail is complete and correct. 4. RATES, CHARGES AND PAYMENT • You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, including wireless airtime charges used on dher wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination of mobile calls to prints outside the FSW Tdl Free calling area; v) cdlect calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such az daily charges billed by other wireless providers for your unit's use d such prwiders'systems and their airtime charges, which may be greater than local rates, and call fowarding charges; vii) any taxes, surcharges, tees, assessments, or recoveries imposed on you or FSW az a result d use d the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the carrier's tadlities, regardless d whether or nil the call is completed. Airtime rates vary by market. There is a minimum charge for each connected call. Airtime is billed in increments. Whole minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. It you select a Calling Plan with included airtime, unused included airtime from one billing cycle will not carry over to the following billing cycle. If your wireless unit is used az a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and ail rates upon thirty (30) days notice to you. You may elect to change your rate plan to another generally available rate plan of FSW at any time during the term d this Agreement. A service change tea may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, including early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina• tion d this Agreement YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) GAYS. ALL CHARGES ARE CONSIDERED VALID. 6. TAXES/FEE$lSURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to lime, do nil include any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other azsessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount d any such tax, fee w assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH - A late payment charge of the lesser of 1-1/2 % per month, or the maximum rate permitted by law may be applied to each d your service bills not paid by the due date. The late payment charge is applied to the trial unpaid amount harried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negdiable instrument tendered by you to FSW which is returned unpaid by a financial institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form d payment, at FSW's discretion. It FSW obtains the services of a Cdledion agency or attorney to assist FSW in remedying your breach d this agreement, including but not limited to the non-payment d charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting assodations, or dher providers d Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE • You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than a month•to-month term), including termi- nation dyour service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front d this Agreement to FSW az liquidated damages. Upon the oaxurence d any d the folowing with regard to the Service provided pursuant to this contrail, or for any other service provided to you, including without limitation, Commerdal Mobile Radio Service or other services to dher units using dher numbers ar accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; ii) vitiation d any term or condition of this or dher contrails or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contrail. FSW may also terminate service in the event d your insdvency, receivership, vduntary or invduntary bankruptcy, assignment for the benefit of creditors, or sale d substantially all of our assets. Disconnection of your service or termination d your contrail under any d these dramstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing arty applicable Early Termination Charge. Service also may be refused or discontinued without ndice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is otherwise in vitiation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is inacwrate; iv) FSW becomes aware of fads indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to anoher account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 8. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICElTHEFT •FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in writing. Units purchazed from any source dher than directly from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direct all complaints regarding your wireless unit to the source of such equipment. You understand that in the event d nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurced until payment in full is made. You agree to advise any prospective purchazer d your equipment of .any such outstanding unpaid charges. H your equipment is stoen, you are responsible for all charges for Commerdal Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830.898.1200 or 1-800-375-2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830-257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY • Service may be temporarily interrupted, delayed or dherwise limited due to: i) transmission limitations caused by atmospheric and dher CondHlans; iI) the availability d radio freyuenCy channels; iii) system capadty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs andor slmilar activHles; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or from: i) your negligent or willful ad; ii) the failure of equipment or d service nil provided through FSW facilities and; iii) Ads of God, fire, riots, government authorities or dher causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY for problems encountered while wstomer is roaming in any dher Commerdal Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or moddlcetlon, or causes beyond our reazonable contrd. You agree that the liability d FSW, if any, for interruptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or dherwise, is hereby limited to the allowance d a credit in the film d an adjustment for no more than the charges billed by FSW to you for the aHeiled period, except that no credit shall be given for recurring monthly charges, if any, for a service problem d less than twenty-tour (24) hours duration. Under no cirwmstances shall any credit exceed the wireless service charges billed for the period aHeiled by the service problem. FSW has the right to require that credits be applied for in writing and tq deny any request for credit for an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or insuf8dern in the opinion d FSW. Except as provided above, you hereby agree that FSW shell nil be liable for, and shall be held harmless and indemnified by you from and against any and all claims and damages, d every kind, whether fry con- trail or in tort, and spedticelly including any claims or damages arising or alleged to arise out d negligence on the part d FSW, and including spedfically spedal or consequential damages, arising or alleged to arise out d the use d any service and/or equipment provided under this contract, az well az any damages such as lost prdits arising out of or attributed, direilly or indirectly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipmem, including the inability to successfully place an emergency call to 911 or any other number, or the failure or inability of any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identity the calling number or the location or vidnity ar the unit plating any such call, no matter how occasioned. Other than az set out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied warcanty, including any warranty of merchantability or fitness for a particular purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that Complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdely responsible to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher federal, state, or local regula- tory agency in the operation and use d your wireless equipment, including all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent or represadative d you in FCC matters or dherwise. You understand that for an additional fee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone in your mdor vehicle without holding the receiver, thereby allowing you to use bdh hands while operating such mdw vehicle. This Paragraph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW -This Agreement shall be governed by the laws d the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any rasped, such az invalidity, Illegality, a uninforceability shall nil aHeil any dher provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been rbtltained herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a contrail when accepted in writing by FSW, or its designee,which acceptance shall be al FSW's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon or reserved to FSW is exclusive d any dher right or remedy herein or by law or equity provided or permitted, but each shall be cumu- lative devery dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees nil to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 16. CALL•FORWARDING CALLS -Call-forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 18. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all d your long distance calls to a long distance provider d FSW's choice. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any service suspension. 18. SERVICE PLANS -Initial activations, reactivations, or plan changes d wireless service with FSW shall only include rate plans currently being offered at the time the activation, reactivation, or plan change is completed. 19. PRIVACY -Commercial Mobile Radio Service systems use radio channels to transmit voice and data communications over a complex network. Although the law generally prohibits third parties from listen- ing in on Commerdal Mobile Radio Service calls, privacy cannel be guaranteed, and FSW shall not be liable to you for any lads d privacy you experience while using the unit or any Commerdal Mobile Radio Service. If you are concerned with protecting your privacy, there may be products an the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responsible for notifying FSW d any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OFTHE PARTIES, ANDTHERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTOTHIS AGREEMENT MAY BE MODIFlED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETOYOU. ~,b~ fo (;R~„~ C ~dv~dAA v~ Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19th. 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. ,_-. ~___ FIVE STAR WIRELESS 1 SERVICE AGREEMENT YJ Initial Service ^ Renewal Service ^ Assumption of Account Today's Date ~ ~ ~ "" p~ Activation Date Current/Previous Customer of FS ^ yes Q o Wireless Number(s) _~ '' h~ 'F7~ r~E Subscriber Name Spouse/Co-subscriber _ .l~erne Phone # (~) Place of Primary Use _ City Countv ,~ F . ` _ - Agent Name _!'"~~ "' ~~/+ Credit Check ^ Activation ^ MDN Phone No. 8 3 ~ - MIN Phone No. 83~ - ~.~ `~ - ~CY ~~' Account Number ~ '" Phone Mfg/Model MEID New ^ Used ESN (11 digits) PSUEDO ESN (8 characters) Unlock Code ~~ Service Commitment (Te-7rm of Contract) Length of commitment: yti~_ Months I understand the service commitment expires on ~l~ EARLY TERMINATION CHARGE: $200.00 City_ State nty~ _ Zip i!Q--c~. •~ - ,~ ~= .~, '~ ~. Individual or Sole Proprietorship SSN DOB /_/_ Spouse SSN DOB _/_/_ Driver's License State Place of Employment Date Employed Work Phone # ) Ext. Tax Exempt ^ Fed ^ St . ^ Co ^Loc FSW USE ONLY Deposit Amount: $ Deposit # Recd Date Activation/Service Charge $ Monthly Included Monthly* Service Plan Minutes Charge ADD-A- ,.$~4.a,~93~ PHONE *All plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. ~ ~- s K ., L.v it ' t 3k' -~.. Customer, Please Read and Initial I understand that there is a service commitment from the date of activation as set out above. I understand that all services are taxable -All applicable taxes, surcharges, and assessments will be billed on my monthly statement (not applicable if tax exempt). I understand the monthly access fee and included minutes will be prorated for the number of days I am in service for the first monthly billing cycle. (Billing cycle runs from the 20th of the month to the 19th of the following month.) I understand the difference between home, roaming, billing increments anc~ rounding up of minutes. I have been provided a FSW customer information brochure. (Customer Initial) No By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of this document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. Customer Signatur ~, ``'~ Title ~,rs~'~,,,~ J ~~~ Date ----"" ~, Printed Name~'7-` ~~ ~-°`= FSW Representative ~,~,! Customer Initial Please Corporation, LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type t Tax II Office Title Office Title Trade xeterence Phone # Acct # Tax Exempt Fed St Co Loc Calling Features Monthly Monthly charge will no[ apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) Revised loos TERMS & CONDITIONS OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership dlb/a Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and conditions specified herein and at rates and charges estab- lished from time to time. Every use of the term 'you", 'your" or "customer" in this dowment includes you, individually, as well as any company or other entity on whose behalf you are ailing in submitting this applicedon for Service. 1. AVAILABILITY OF LIMITED SERVICE •Commerdal Mobile Radio Service is generally availab{e to wireless mobile radio units (wireless telephones) equipped for this service and when within the operet- ing renge d cell sites located in the FSW Home Service Area and may be available outside of that area in other participating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide cammerdal mobile radio service, and any dher areas where by contrail FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished for use by you or others efther expressly or impiiedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance d service, will be accepted M FSW only from you or your Authorized Agent. Any person able to provide your name, address, soda! security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, including adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sde opinion, such assignment, designation or change is reasonably necessary in the conduct of its twsiness. A telephone number may nil appear in more than one mobile radio unit, and you may not alter or program any mobile radio unit capable of using the FSW network so that it emulates or appears to be another unit subsilibed to FSW service, including altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber ar Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any d the described numbers without the express prior written consent d FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term spedfied on the front of this dowment under the heading d "Service Commitment"The term d your Service Commitment begins on the first day your service is activated. At the end of your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either parry. Ii you have contracted for a service commitment other than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may include, but are not lim- ited to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commitment will be dittialt, if not impossible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TO YOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUT THE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination of service by you. 3. DEPOSITSICREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance of ell dher obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater d 29o per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any dher amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or trial refund d the deposit to you or a credit to your axount. M, at any time during this Agreement, in the sole opinion of FSW, your credit and/or financial information proves unsatisfactory or if any dher reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant that the information provided by you on the front d this contract is complete and correct. 4. RATES, CHARGES ANO PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, including wireless airtime charges used on dher wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination of mobile calls to prints outside the FSW Toll Free calling area; v) atllect calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by dher wireless providers for your unit's use d such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, tees, assessments, or recoveries imposed on you or FSW as a result d use d the Service on your account. You accept responsitHlity for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the carriers facllities, regardless d whether or nil the call is completed. Airtime rates vary by market. There is a minimum charge for each axtnesed call. Airtime Is billed in increments. While minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you select a Calling Plan with included airtime, unused included airtime from one billing cycle will not carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may eleil to change your rate plan to another generally available rate plan of FSW at any time during the term d this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, including early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina- tion dthis Agreement YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 6. TAXESlFEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do nil include any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, dher assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount of any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH - A late payment charge of the lesser of 1.1/2% per month, or the maximum rate permitted by law may be applied to each d your service bills not paid by the due date. The late payment charge is applied to the trial unpaid amount Serried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negotiable instrument tendered by you to FSW which is returned unpaid by a finandal institution for any reason. FSW may demand payment by matey order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a collection agency d attorney to assist FSW in remedying your breach of this agreement, including but not limited to the non-payment of charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agendas, credit bureaus, private credit reporting assodations, or dher providers d Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE • You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (dher than a month•to-month term), including termi- nation of your service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front d this Agreement to FSW as liquidated damages. Upon the occurrence d any d the folowing with regard to the Service provided pursuant to this contrail, or for any other service; provided to you, including without limitation, Commerdal Mobile Radio Service or dher services to dher units using dher numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; ii) vitiation d any term or condition d this or dher contracts or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contrail. FSW may also terminate service in the event d your insdvency, receivership, vduntary or involuntary bankruptcy, assignment for the benefit d creditors, or sale d substantially all of our assets. Disconnection of your service or termination of your contrail under any d these ciramstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing any applicable Early Termination Charge. Service also may l>e refused a discontinued without ndice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is otherwise in vitiation of any FCC Rules or Regulations; ii) services are nil available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fads indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to anoher account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESS TELEPHONE!RESPONSIBILITY FOR SERVICE/THEFT-FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in wrting. Units purchased from any source dher than directly from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direil all complaints regarding your wireless unit to the source d such equipment. You understand that in the event of nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until paymem in full is made. You agree to advise any prospective purchaser of your equipment of any such outstanding unpaid charges. 8 your equipment is stolen, you are responsible for all charges for Commerdal Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830.898.1200 or 1-800.375.2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830.257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY • Service may be temporarily interrupted, delayed or otherwise limited due to: i) transmission limitations caused by atmospheric and dher axtditions; ii) the availability d radio frequency channels; iii) system cepadry limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resuting from any d the above referenced conditions or from: i) your negligent or willful ad; ii) the failure of equipment or d service nil provided through FSW fadlRies and; iii) Ads of God, tire, riots, government authorities or dher causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY tar problems encountered while customer is roaming in any other Commerdal Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or mo6flcetion, or causes beyond our reasonable contrd. You agree that the liability d FSW, if any, fa interruptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or dherwise, is hereby limited to the allowance d a credit In the form d an adjustment for no more than the charges billed by FSW to you for the afteded period, except that no credit shall be given for recurring monthly charges, it any, for a service probem of less than twenty-tour (24) hours duration. Under no cirwmstances shall any credit exceed the wireless service charges billed for the period affected bf' the service problem. FSW has the right to require that credits be applied for in writing and tq deny any request for credit for an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or insuffldertt in the opinion d FSW. Except es provided above, you hereby agree that FSW shall nil be liable for, and shall be held harmless and indemnified by you from and against any and all claims and damages, d every kind, whether by con- trail or in tort, and spedfically including any claims or damages arising or alleged to arise out d negligence on the pan of FSW, and including speciticelly specal or consequential damages, arising or alleged to Anse out d the use d any service and/or equipment provided under this contras, as well as any damages such as lost prdits arising out of or attributed, directly or indirectly, to service problems or any failures of the Commerdal Mobile Radio Service system or your equipment, including the inability to successfully place an emergency call to 911 or any other number, or the failure or inability of any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identify the ceiling number or the location or viclnity or the unit plating any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied warranty, including any warranty of merchantability or fitness for a partialar purpose. Yau agree to use your wireless equipment and the Service provided by FSW in a manner that axnplies with all laws, axles, and regulations relating to the possession, operation, or use of the equipment and services. Yau are sdely responsible to assure your unit is axnpatible with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher federal, state, or kcal regula- tory agency in the operation and use d your wireless equipment, including all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent or represemative of you in FCC matters or dherwise. You understand that for an additional fee, speakerphone equipment is availabe from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use txrth hands while opereting such moor vehicle. This Paragraph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW -This Agreement shall be governed by the laws d the State of Texas. If any one or more of the provisions axttained herein shall be held to ce invalid, illegal, or unenforceable in any respeil, such as invalidity, illegality, or uninforceabiliry shall nil afteil arty dher provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been axttained herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a axttrail when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein axtferred upon or reserved to FSW is exclusive of any dher right or remedy herein or by law a equity provided or permitted, but each shall be cumu- lative of every dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced axiarrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to assert any and all existing or luture claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 15. CALL-FORWARDING CALLS - Call•forwarding calls in excess of five (5) minutes in duration are billed at a per minute rate. 18. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all of your long distance a~lls to a long distance provider of FSW's chdce. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnesion tee, plus applicable taxes, when reasivating service after any service suspension. 18. SERVICE PLANS -Initial ailivations, reactivations, or plan changes of wireless service with FSW shall only include rate plans currently being offered at the time the asivation, reactivation, or plan change is completed. 18. PRIVACY -Commerdal Mobile Radio Service systems use radio channels to transmit voice and data oommunicetions over a complex network. Although the law generally prohibits third parties from listen- ing In an Commerdal Mobile Radio Service calls, privacy cennd be guaranteed, and FSW shall not be liable to you for any lads of privacy you experience while using the unit or any Commerdal Mobile Radio Service. If you are concerned with prdesing your privacy, there may be produss on the market availabe at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responside for notifying FSW of any changes in your address. 21. THIS AGREEMENT CONSTiTUTESTHE ENTIRE AGREEMENT OF THE PARTIES, ANDTHERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSfJANTTO THIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETO YOU. ~u~ ~ C~en9~aD -0~.cn4,~,rv~ Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19th. 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. FIVE STAR WIRELESS NICE AGREEMENT Initial Service ^ Renewal Service ^ Assumption of/Account Today's Date / ~ ,~/ Tr ~-' ~ ,~ Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) Agent Name Credit Check ^ Activation ^ MDN Phone No. 83~ - MIN Phone No. 8 3 ~ - Account Number ~''"` ,~ ~~ ~/ Phone Mfg/Model Equip MSN ~' New ^ Used ESN (11 digits) ESN (8 digits) Unlock Code CFA ~ i _~~6:.1R 't~e~ +~ t '4<' ~'b.E `~i ~Y'SY' ~,I~` a ;l ~- ,# ,/ r ,~ ~ Ix, ~ ~ ~': ~ ; x e~ a.. ~Lri,~,.r?ya,~. '~ ~«wv~51~,~;:~,xj,.,Sr} ~ " Subscriber Name /" ' r G <"~ .~ Service Commitment (Term of Contract) Spouse/Co-subscriber Length of commitment: ~ Months Home Phone # ( ) I understand the service commitment expires on Place of Primary Use City County Mailing/Billing Address ~ O J^~ - /'' S~- EARLY TERMINATION CHARGE: $200.00 City ~~ !/t/: %'1 e County_~o t ~ State ~ Zip ~ ~~'~--~ Customer Initial Please K'l+kY."5~*~}J 3`'rf.~rrerlNi~_}„a ° b~y~,~1`, ,fir .`~t.<- • , ~'S«,.~ i,M' t,~ ~-:j ~y+.., .. ~ ~ "tr (~~1't `~-k f ~ r~ 'Yrn~,~F..r~'7n~~ , ,~4•F.a`"~ ~ 1 ~`i ~ ~'~~. ~ ~ • y • ~?'° ~. ~ _ Individual or Sole Proprietorship SSN DOB _/_/_ Spouse SSN DOB _/_/_ Driver's License State Place of Employment Date Employed Work Phone # () Ext. Tax Exempt ^ Fed ^ St ^ Co ^Loc _ ~ t FSW USE ONLY Deposit Amount: Deposit # Recd Date Activation/Service Charge $ Corporation,,LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type of Entity Tax ID # Officer Title Officer Title Trade Reference Phone # Acct # Tax Exempt ^ Fed ^ St ^ Co ^Loc . , . _ , ~, , ~i Monthly Included Monthly* Service Plan Minutes Charge ~ - `~~~ ADD-A- $14.95 PHONE *All plans subject to applicable taxes, surchazges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. MMS (Data) CDMA Phone Replacement (Customer Initial) Non-Camera Phone Camera Phone Top Feature Phones Yes No Monthly Charge $1.95 $9.95 $4.95 $9.95 $14.95 Customer, Please Read and Initial I understand that there is a service commitment from the date of activation as set out above. I understand that all services are taxable -All applicable taxes, surcharges, and assessments will be billed on my monthly statement (not applicable if tax exempt). I understand the monthly access fee and included minutes will be prorated for the number of days I am in service for the first monthly billing cycle. (Billing cycle runs from the 20th of the month to the 19th of the following month.) I understand the difference between home, roaming, billing increments and rounding up of minutes. I have been provided a FSW customer information brochure. e~~~~ ~~ ~~:~ By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of this document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees [o be personally liable for amounts not paid when due. Custon Title Printed FSW F «~ ~ ~~ ~ ~~ y.. _ ~ r Calling Features Monthly chazge will not apply when included in service plan. SMS (Text} Revised t0y08 TERMS 8 CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership drb/a Five Star Wireless (FSW), provides Commerdal Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estatr lished from time to time. Every use d the term 'you", 'your" or "customeP in this document inductee you, individually, as well as any company or other entity on whose behaH you are ailing in submitting this apPlicetlon for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat- ing range of cell sRes located in the FSW Home Service Area and may be available outside d that area in dher partidpating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to prwida Commerdal mobile radio service, and any other areas where by contrail FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished for use by you or others either expressly or impliedly authorized by you. Orders, including those which invdve the initiation, change or discontinuance of service, will be accepted by FSW only from you or your Authorized Agent. Any person able to provide your name, address, sodal security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and Is authorized by you to receive information about and make changes to your account, induding adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sde opinion, such assignment, designation or change is reasonably necessary in the conduil of its business. A telephone number may nil appear in more than one mobile radio unit, and you may nil alter a program any mobile radio unit capable d using the FSW network so that it emulates or appears to be andher unit subscribed to FSW service, induding altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber ar Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any d the described numbers without the express prior written consent d FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term spedfied on the front of this document under the heading d "Service Commitment"The term d your Service Commitment begins on the first day your service is ailivated. At the end d your Servlce Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue tmtil terminated by either party. If you have contracted for a service commitment other than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may include, but are nil lim- ited to, subsidization of the purchase price d your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commitment will be difficult, if nil impossible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITEDTO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TOYOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUTTHE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon .thirty (30) days notice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination of service by you. 3. DEPOSITSlCREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a secrrity interest in such deposit to secure the payment d alt sums due hereunder to FSW, as well as the performance d all dher obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount d the greater d 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or trial refund d the deposit to you or a credit to your account. H, at any time during this Agreement, in the sde opinion of FSW, your credit and/or finandai information proves unsatisfactory or if any dher reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certify and warrant that the information provided by you on the front d this contrail is complete and correct. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtime usage, induding wireless airtime charges used on dher wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination of mobile calls to prints outside the FSW Tdl Free calling area; v) Cdlect calls; vi) dher charges or calls billed to your wireless unit induding all roamer charges, such as daily charges billed by other wireless providers for your unit's use d such praviders'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries imposed on you d FSW as a result d use d the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeat~ie time for calls originated by or terminated to your wireless telephone unit begins when a conneilian is established between the unit and the canter's fadlities, regardless d whether or not the call is completed. Airtime rates vary by market. There is a minimum charge for each connected call. Airtime is billed in increments. Whole minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you select a Calling Plan with included airtime, unused included airtime from one billing cycle will nil carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may eleil to change your rate plan to another generally available rate plan d FSW at any time during the term d this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, induding early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina- tion dthis Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS. ALL CHARGES ARE CONSIDERED VALID. 6. TAXESIFEE$ISURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to lime, do nil include any amount for Federal, State and/or Local exdse, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, drier assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount of any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 8. NONPAYMENT/BREACH - A late payment charge of the lesser of 1-1/2% per month, or the maximum rate permitted by law may be applied to each d your service bills not paid by the due date. The late payment charge is applied to the trial unpaid amount .parried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negotiable instrument tendered by you to FSW which is returned unpaid by a finanrtial institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a collection agency or attorney to assist FSW in remedying your breach of this agreement, induding but not limited to the non-payment d charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION • You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting assodations, or dher providers d Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE • You may terminate service by notifying FSW. If you terminate service before the completion d any service commitment (other than a month-to-month term), including termi- nation dyour service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front d this Agreement to FSW as liquidated damages. Upon the occurrence d any of the tdiowing with regard to the Service provided pursuant to this contrail, or td any other service provided to you, induding without limitation, Commerdal Mobile Radio Service or dher services to dher units using dher numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; li) vidation d any term or condition of this or dher contrails or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contrail. FSW may also terminate service in the event d your insdvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors, or sale of substantially all of our assets. Disconnection d your service or termination of your Contrail under any d these dramstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing arty applicable Early Termination Charge. Service also may be refused or discontinued without noice in the event that: i) service is used in a manner that will adversely affeil FSW service to others or is dherwise in vidation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fads indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to anoher account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICERHEFT •FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in writing. Units purchased from any source dher than directly from FSW, induding those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to dived all complaints regarding your wireless unit to the source d such equipment. You understand that in the event of nonpayment d charges, the Conmerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until payment in full is made. Yau agree to advise any prospective purchaser of your equipment of any such outstanding unpaid charges. H your equipment is stoen, you are responsible for all charges for Commerdal Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830-896.1200 or 1-800.375.2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830.257-Ot 14, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or otherwise limited due to: i) transmission limitations caused by atmospheric and other conditions; ii) the availability d radio frequency channels; iii) system cepaaty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; and vl) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any d the above referenced conditions or from: i) your negligent or willful ail; ii) the failure of equipment or d service nil provided through FSW fadlities and; iii) Ads of God, fire, rids, government authorities or dher causes beyond the contrd d FSW. FSW accepts NO RESPONSIBILITY for problems encountered while Customer is roaming in any dher Commercial Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or modification, or causes beyond our reasonable contrd. You agree that the liability d FSW, if any, for intenuptions, delays, and failures in transmission d service (service problems) to you, whether caused by the negligence of FSW or dherwise, is hereby limited to the allowance d a credit in the form d an adjustment for no more than the charges billed by FSW to you for the affeiled period, except that no credit shall be given for recurring monthly charges, it any, for a service problem d less than twentyfour (24) hours duration. Under no dreumstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to require that credits be applied for in writing and to deny any request for credit for an alleged service problem where the evidence d such problem is inconclusive, or the request is otherwise unwarranted or instdfident In the opinion of FSW. Except ae provided shave, you hereby agree that FSW shall nil be liable for, and shall be held harmless and indemnified by you from and against any and all claims and damages, d every kind, whether by con- trail or in tort, and spedfiCally induding any claims or damages arising or alleged to arise out d negligence on the part d FSW, and induding speclficelly special or consequential damages, arising or alleged to arise out of the use d any service and/d equipment provided under this contract, as well as any damages such as lost prdits arising out d or attributed, direilly or indirectly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipment, induding the inability to successfully place an emergency call to 911 or any dher number, or the failure or inability of any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identity the calling number or the location or viclnity or the unit pladng any such call, no matter how occasioned. Other than as set out above, FSW makes n0 express warranty regarding the service of your wireless equipment and disclaims any implied wananry, induding any warranty of merchantability or fitness for a par8cular purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdety responsible to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and conditions d the FCC or any dher federal, state, or focal regula• tory agency in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent or representative of you in FCC matters or dherwise. You understand that for an additional fee, speakerphone equipment is availabe from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use bdh hands while operating such mdor vehicle. This Paragraph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW • This Agreement shall be governed by the laws d the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any rasped, such as invalidhy, Illegality, or uninforceability shall nil affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a contrail when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES • No right or remedy herein conferred upon or reserved to FSW is exclusive d any dher right or remedy herein or by law or equity provided or permitted, but each shall be cumu- lative devery dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS • Customer hereby waives, and agrees nil to assert any and all existing or future Gaims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 18. CALL~FORWARDING CALLS •Call-forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 18. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all of your long distance calls to a long distance provider d FSW's choice. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any service suspension. 18. SERVICE PLANS -Initial activations, reactivations, or plan changes of wireless service with FSW shall only include rate plans currently being offered at the time the activation, reactivation, or plan dtange is completed. 19. PRIVACY -Commerdal Mobile Radio Service systems use radio channels to transmit voice and data canmunications over a complex network. Although the law geneally prohibits third parties from listen- ing In on Commercial Mobile Radio Service calls, privacy cennd be guaranteed, and FSW shall nil pe liable to you for any lack d privacy you experience while using the unit or any Commerdal Mobile Radio Service. If you are concerned with prdecting your privaq, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responsibe for notifying FSW d any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OFTHE PARTIES, ANDTHERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATiNGTOTHE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTO THIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICETO YOU. ~ ~~o Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19th. 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. 'FIVE STAR WIRELESS / SERVICE AGREEMENT `~ Initial Service ^ Renewal Service ^ Assumption of Account Today's Date aa~~ Activation Date r~C "' ~ ~ " Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) a~/u3T~~ ~' _ t ~[ 1 '' w(.~ Subscriber Name Spouse/Co-sub scriber Home Phone # () Place of Primary Use City Mailing/ ~lling Address. r City State County Zip ~t~QO~. Individual or Sole Proprietorship SSN DOB / / Spouse SSN DOB _/_/_ Driver's License State Place of Employment Date Employed Work Phone # (~ Ext. Tax Exempt ^ Fed ^ St . ^ Co ^Loc F5W USE ONLY Deposit Amount: $ Deposit # Recd Date Activation/Service Charge $ Service Commitment (Term of Contract) Length of commitment: '~ Months I understand the ser i e co mitment ex Tres on a - ~~-~~~ EARLY TERMINATION CHARGE: $200.00 Corporation, LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type of Entity ~~ Tax ID # '~ ~ ~ ~ Officer ~ Title Officer t Title Trade Reference Phone # Acct # Tax Exempt Fed St Co Loc SERVICE SELECTION AND FEATURES Monthly Included Monthly* Service Plan Minutes Charge Agent Name F~~ ` ~F~~'~~Credit Check ^ Activation ^ p ~a MDN Phone No. 83~ - ~~ / MIN Phone No. g3O - c~t7~~ i U Account Number ~v Phone Mfg/Model MEID New ^ Used ESN (11 digits) O ~~~ PSUEDO ESN (8 characters) ~ . ~, ~,, Unlock Code ADD-A- ~~ PHONE .r *All plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No Customer, Please Read and Initial By signature, customer agrees to all terms and conditions in the I understand that there is a service commitment above application for FSW wireless service as stated on both sides from the date of activation as set out above. of this service agreement and confirms the truth and completeness I understand that all services are taxable -All of the information supplied. applicable taxes, Surcharges, and assessments Wlll be bllled If signing °n behalf of an entity, I represent that I am a duly authorized representative of the entity On my monthly statement (not applicable if tax exempt). Shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of I Understand the monthly aCCOSS fee and Included this document has been authorized by all necessary corporate action. In the event of an unauthorized minuteS W 111 be prorated for the number Of days I am In signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts service for the first monthly billing cycle. (Billing cycle runs n°t paid wnen ane. from the 20th of the month to the 19th of the following ,~, month.) Custom Signat I understand the difference between home, roaming, billing increments and rounding up of minutes. Title J Date ~ - - Ihave been provided a FSW customer information brochure. Punted Name ` • '~ FSW Representative Calling Features Monthly Monthly charge will not apply when included in service plan. Charge Revised 10/06 TERMS & CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 limited Partnership d/b/a Five Star Wireless (FSW), provides Commercial Mobile Radio Service (the "Service") on the terms and conditions spedfieil herein and at rates and charges estab- lished from time to time. Every use of the term 'you", 'your" or "customer" in this document includes you, individually, as well as any company or other entity on whose behalf you are ailing in submitting this application for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commercial Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat- ing range of cell sites located in the FSW Home Service Area and may be available outside of that area in other partidpating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide Commerdal mobile radio service, and any other areas where by contract FSW subscribers may make calls at the FSW home rate. The home-Service Area may change from time to time without ndice to you. Service is furnished for use by you or others either expressly or impliedly authorized by you. Orders, including those which involve the initiation, change or discontinuance of service, will be accepted by FSW only from you or your Authorized Agent. Any person able to provide your name, address, soda) security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, induding adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sole opinion, such assignment, designation or change is reasonably necessary in the conduct of its business. A telephone number may nil appear in more than one mobile radio unit, and you may not alter or program any mobile radio unit capable d using the FSW network so that it emulates or appears to be another unit subscribed to FSW service, including altering the manufaxurer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber or Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any of the described numbers without the express prior written consent of FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term specified on the front of this document under the heading d "Service Commitment"The term of your Service Commitment begins on the first day your service is activated. At the end of your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. Ii you have contraced for a service commitment other than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may indude, but are not lim- ited to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commitment will be difficult, if not impossible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TOYOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT AND COMMITMENT CANNOT BE ASSIGNED WITH- OUTTHE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30) days ndice to you. For purposes of this agreement, denial or disconnexion of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shalt be deemed a termination d service by you. 3. DEPOSITS/CREDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance of all other obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater of 2 % per annum or that rate requiredby state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or total refund of the deposit to you or a credit to your account. tl, at any time during this Agreement, in the sole opinion of FSW, your credit and/or financial information proves unsatisfaxory or it any other reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. You certity and warrant that the information provided by you on the front of this contrail is complete and correct. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereiby agree to pay FSW all charges for i) wireless airtime usage, induding wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination of mobile calls to prints outside the FSW Toll Flee calling area; v) cdlect calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers for your unit's use of such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries imposed on you or FSW as a result of use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connexion is established between the unit and the carrier's facilities, regardless of whether or not the call is completed. Airtime rates vary by market. There is a minimum charge for each connexed call. Airtime is billed in increments. While minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you select a Calling Plan with inducted airtime, unused inducted airtime from one billing cyde will not carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may elex to change your rate plan to another generally available rata plan d FSW at any time during the term of this Agreement. A service change tee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, including early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina- tion of this Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (301 DAYS, ALL CHARGES ARE CONSIDERED VALID. 5. TAXES/FEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do not indude any amount for Federal, State and/or Local excise, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount d any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 6. NONPAYMENTlBREACH - A late payment charge of the lesser of 1-1/2 % per month, or the maximum rate permitted by law may be applied to each of your service bills not paid by the due date. The late payment charge is applied to the total unpaid amount carried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negotiable instrument tendered by you to FSW which is returned unpaid by a finandal institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a collexion agency or attorney to assist FSW in remedying your breach of this agreement, induding but not limited to the non-payment of charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting assodations, or dher providers of Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than amonth-to-month term), including termi- nation of your service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front of this Agreement to FSW as liquidated damages. Upon the occurrence d any of the tdlowing with regard to the Service provided pursuant to this contrail, or for any other service provided to you, including without limitation, Commercial Mobile Radio Service or other services to dher units using other numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; ii) vitiation d any term or condition of this or other contrails or agreements with FSW, subjex to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without ndice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contrax. FSW may also terminate service in the event of your insolvency, receivership, vdunlary or involuntary bankruptcy, assignment for the benefit of creditors, or sale of substantially all of our assets. Disconnexion of your service or termination of your contrax under any d these dreumstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing any applicable Eady Termination Charge. Service also may be refused or discontinued without notice in the event that: i) service is used in a manner that will adversely offer FSW service to others or is otherwise in vitiation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of tars indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to another account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as maybe required now or in the future. 8. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT -FSW is not responsible for the installation, operation, quality of transmission or maintenance d your wireless telephone unless other- wise agreed to in writing. Units purchased from any source dher than direxly from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direr all complaints regarding your wireless unit to the source of such equipment. You understand that in the event of nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until payment in full is made. You agree to advise any prospexive purchaser of your equipment of any such outstanding unpaid charges. If your equipment is stoen, you are responsible for all charges for Commercial Mobile Radio Service provided to the stolen unit until the then is reported to FSW direxly by calling the customer service number at 830.8961200 d 1-800.375-2296, or after 5:00 p.m. weekdays, and during weekends and holidays, 830-257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or otherwise limited due to: i) tnansmission limitations caused by atmospheric and dher conditions; ii) the availability d radio frequency channels; iii) system cepadty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar axivities; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have nil liability and no credits shall be given far any interruptions, delays or failures in transmissions resulting from any of the above referenced conditions or from: i) your negligent or willful ax; ii) the failure of equipment or d service nil provided through FSW facilities and; iii) Acts of God, fire, riots, government authorities or other causes beyond the contrd of FSW. FSW accepts NO RESPONSIBILITY for problems encountered while customer is roaming in any other Commerdal Mobile Radio Service area, for axs or omissions of any other service provider, for information provided through your unit, equipment failure or modrtication, or causes beyond our reasonable contrd. Yau agree that the liability d FSW, if any, for interruptions, delays, and failures in transmission of service (service problems) to you, whether caused by the negligence of FSW or otherwise, is hereby limited to the allowance d a credit In the form of an adjustment for no more than the charges billed by FSW to you for the attexed period, except that no credit shall. be given for recurring monthly charges, if any, for a service problem d less than twenty-four (24) hours duration. Under no dreumstances shall any credit exceed the wireless service charges billed for the period offered by the service problem. FSW has the right to require that credits be applied for in writing and to deny any request for credit for an alleged service problem where the evidence of such problem is inconclusive, or the request is otherwise unwarranted or insuffident in the opinion of FSW. Except as provided afwve, you hereby agree that FSW shall nil be liable for, and shall be held harmless and indemnified by you from and against any and all claims and damages, of every kind, whether by con- trax or in tort, and spedfically induding any daims or damages arising or alleged to arise out d negligence on the part of FSW, and induding spedfically specal or consequential damages, arising or alleged to arise out d the use d any service and/or equipment provided under this contrax, as well as any damages such as lost profits arising out of or attributed, direxly or indirexly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipment, induding the inability to successfully place an emergency call to 971 or any other number, or the failure or inability of any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identify the calling number or the location or vicinity or the unit placing any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service of your wireless equipment and disdaims any implied warranty, induding any warranty of merchantability or fitness for a particular purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdely responsible to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and conditions of the FCC or anydher federal, state, or local regula- tory agency in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agarn or represernative d you in FCC matters or dherwise. You understand that for an additional fee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone in your motor vehide withouf holding the receiver, thereby allowing you to use bdh hands while operating such mdor vehide. This Paragraph 10 in its entirety shall survive termination d this Agreement. 11. GOVERNING LAW -This Agreement shall be governed by the laws d the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any respex, such as invalidity, illegality, or uninforceability shall nil offer any other provisions hereof, and this Agreement shall be construed as if such inw3lid, illegal, or unenforceable provision had never been contained herein. 12. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a contrail when accepted in writing by FSW, or its designee,which acceptance shall be at FS W's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon or reserved to FSW is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumu- lative devery dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to assert any and all existing or tuture claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any daimed defense or offset which maybe asserted by Customer or on Customer's behalf. 15. CALL-FORWARDING CALLS -Call-forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 1B. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all of your long distance calls to a long distance provider of FSW's choice. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reaxivating service after any service suspension. 18. SERVICE PLANS -Initial activations, reactivations, or plan changes of wireless service with FSW shall only include rate plans currently being offered at the time the axivation, reactivation, or plan change is completed. 19. PRIVACY -Commerdal Mobile Radio Service systems use radio channels to transmit voice and data communications over a complex network. Although the law generally prohibits third parties from listen- ing in an Commerdal Mobile Radio Service calls, privacy cannel be guaranteed, and FSW shall not be liable to you for any lade of privacy you experienaf while using the unit or any Commerdal Mobile Radio Service. If you are concerned wRh pratexing your privaq, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS - Yau are responside for notifying FSW of any changes in your arJdrass. 21. THIS AGREEMENT'CONSTITUTESTRE ENTIRE AGREEMENT OF THE PARTIES, ANO THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF,'INCLIJDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANT TOTHI$ AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO YOU. /~ y,. 1 Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. w 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t" to 19t". 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. w FIVE STAR VYIRELESS / SERVICE AGREEMENT '~l Initial Service ^ Renewal Service ^ Assumption of Account Today's Date Activation Date t~ ~ "" ~~& Current/Previous Customer of FSW ^ yes ^ no Wireless Num r(s) ~~-T-,- Subscriber Name ` '-''~ Spouse/Co-subscriber Home Phone # (~) Place of.Primary Use City .. _ _ Gpunty _ _ . City ~~G~=~, County State __ __ Zip ~~Q Individual or Sole Proprietorship SSN DOB _/_/_ Spouse. SSN DOB _/_/_ Driver's License State Place of Employment Date Employed _ Work Phone # ( ~ h r a..f- Ext. Tax Exempt ^ Fed ^ St . ^ Co ^Loc Title FSW USE ONLY Trade Reference Deposit Amount: $ Phone # Deposit # Recd Date Acct # ~' Activation/Service Charge $ Tax Exempt Fed St Co Loc ~ ~ ~ ~ _ ,.:. .... .., ;; r w: Agent Name 1 ~~!J ~~~~~.Credit Check ^ Activation ^ MDN Phone No. g 30 - ~ ~ I ~ ~ O ~ 1 MlN Phone No. 03O - `~~~ "' iJ ~ ~ I Account Number y `~-`~ Phone Mfg/Model ~~ MEID New ^ Used ESN (11 digits) Q~ "~? P5UED0 ESN (8 characters) .- . ~ ~ ,-,t Service Commitment Length of commitment: ~ Months I understand the ~eryl~e co mitment expires on V,j' ~~ i'T~'`'~'^~'~ rJ ~ EARLY TERMINATION CHARGE: $200.00 Customer Initial Corporation, LLC, Partnership; Ltd. Partnership, LLP, Government Agency Type of Entity _ ;~.~ ~~ L'~ Tax ID # '"' ~ ~ t Officer A Title ~~~ t.~' fr c; Officer _ _ Monthly. ,Included Monthly* Service Plan Minutes Charge ~. ~j ADD-A- $x 77""'' PHONE ~ t~ .~- *All plans subject to applicable taxes, surchazges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. Calling Features Monthly chazge will no[ apply when included in service plan. SMS (Text) MMS (Data) CDMA Phone Replacement _ (PDA devices not included) (Customer Initial) Monthly Charge $1.95 $9.95 Yes $7.95 No Customer, Please Read and Initial By signature, customer agrees to all terms and conditions in the I understand that there is a service commitment above application for FSW wireless service as stated on both sides from the date of activation as set out above. of this service agreement and confirms the truth and completeness I understand that all services aze taxable -All of the information supplied. applicable taxes, surcharges, and assessments will be billed If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity on my monthly statement (not applicable;if tax exempt). shown nnaer "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of I understand the monthly access''fee and included this document has been authorized by all necessary corporate action. In the event of an unauthorized minutes will be prorated for the number of days I am in signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. service for the first monthly billing cycle. (Billing cycle runs from the 20th of the month to the 19th of the following __ __r -- - - ____ _~ _. _x.. _ __ ~ `.,.,. month.) Customer, Signatyre ~ ? I understand the difference between home, roaming, lr•~ ~~ t billing increments and rounding up of minutes. Title '..`~~.>~~~,'°~- ~~ -~ .:" Date '-- ' ~ f, ~; I have been provided a FSW customer information printed Name brochure. t ,` ~ ;'~ ~5r A '~ ` FSW R~;ires~rltativ ~ j! ; l.'.'~ °~%`.~~•'`~i~' f''° ~,~ Revised 10/06 TERMS & CONDITIONS. ~ ~ . OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership d/b/a Five Star Wireless (FSW), provides Commercial Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estab" lished tram time to time. Every use of the term 'you", 'your" or "customer' in this document includes you, individually, as well as any company or other entity on whose behalf .you are ailing in submitting this application for Service. 1. AVAILABILITY OF LIMITED SERVICE -Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the operat- ing range of cell sites lopted in the FSW Home Service Area and may be available outside of that area in other partidpating carrier service areas. The "Home Service Area" is the area within which FSW is licensed to provide commercial mobile radio service, and any other areas where by contrail FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished for use by you or others either expressly or impliedly authorized by you. Orders, including those which involve the initiation, change or discontinuance of service, will be accepted by FSW only from you or your Authorized Agent. Any person able to provide your name, address, soda) security number, driver's license number and wireless number will be presumed to be your. Authorized Agent, and is authorized by you to receive information about and make changes to your account, including adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sole opinion, such assignment, designation or change is reasonably necessary in the conduct of its business. A telephone number may not appear in more than one mobile radio unit, and you may ncd alter a program any mobile radio unit capable d using the FSW network so that it emulates or appears to be another unit subscribed to FSW service, induding altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber or Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any of the described numbers without the express prior written consent of FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term specified on the front d this document under the heading of "Service Commitment"The term of your Service Commitment begins on the first day your service is activated. At the end of your Service Commitment, the term of this Agreement shall be deemed automatically renewed on amonth-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have contracted for a service commitment other than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may include, but are not lim- ited to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach d your service commitment will be difficult, if not impossible, to deter- mine. THEREFORE, IF FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TOYOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRAC-f AND COMMITMENT CANNOT BE ASSIGNED WITH- OUTTHE CONSENT OF FSW. Except for the speclal services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30} days notice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to-you, shall be deemed a termination of service by Yce 3. DEPOSITS/CREDIT CHECKS - Ai any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance of all other obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater of 2% per annum or that rate required by state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation of service, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before deliveiring the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or total refund of the deposit to you or a credit to your account. ff, at any time during this Agreement, in the sole opinion of FSW, your credit and/or financial information proves unsatisfactory or if any other reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its silo discretion, demand from you a deposit or increased deposit as a condition for continuation d the Service to you. You certify and warrant that the information provided by you on the front of this contrail is complete and correil. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You her<:by agree to pay FSW all charges for i) wireless airtime usage, induding wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any till charges resulting from the origination of mobile calls to prints outside the FSW Toll Free calling area; v) celled calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers for your unit's use of such providers'systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries imposed on you or FSW as a result of use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable tirne for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the carrier's facilities, regardless of whether or not the call is completed. Airtime rates vary by market. There is a minimum charge for each connected call. Airtime is billed ih increments. Whole minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If youseled a Calling Plan with included airtime, unused included airtime from one billing cycle will not carry over to the following billing cycle. If your wireless unit is used as a pager, you will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may elect to change your rate plan to another generally available rate plan of FSW at any time during the term of this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, induding early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina- tion of this Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 5. TAXES/FEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out. herein, or established from time to time, do not include any amount for Federal, State and/or Local excise, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. li any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, then you agree to pay FSW the full amount of any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 6. NONPAYMENT/BREACH - A late payment charge of the lesser of t-1/2 % per month, or the maximum rate permitted by law may be applied to each of your service bills not paid by the due date. The late payment charge is applied to the total unpaid amount carried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negotiable instrument tendered by you to FSW which is returned unpaid by a financial institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a collodion agency or attorney to assist FSW in remedying your breach of this agreement, induding but not limited to the non-payment of charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting associations, or other providers of Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than amonth-to-month term), including termi- nation of your service by FSW because d your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front of this Agreement to FSW as liquidated damages. Upon theoccurrence d any of the tdlowing with regard to the Service provided pursuant to this contras, or for any other service provided to you, including without limitation, Commercial Mobile Radio Service or other services to other units using other numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due: FSW for the Service or purchase or repair of any wire- less unit; ii) violation of any term or condition of this or other contracts or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with or without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contrail. FSW may also terminate service in the event of your insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors, or sale of substantially all of our assets. Disconnection of your service or termination of your contrail under any of these drwmstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing any applicable Early Termination Charge. Service also may be refused or discontinued without notice in the event that: i) service is used in a manner that will adversely affeil FSW service to others or is otherwise in vitiation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of fans indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to another account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as may be required now or in the future. 9. WIRELESSTELEPHONE/RESPONSIBILITY FOR SERVICElTHEFT -FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in writing. Units purchased from any source dher than directly from FSW, including those purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agree to direct all complaints regarding your wireless unit to the source of such equipment. You understand that in the event of nonpayment of charges, the Commerclal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred until payment in full is made. You agree to advise any prospective purchaser of your equipment of any such outstanding unpaid charges. If your equipment is stolen, you are responsible for all charges for Commercial Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer service number at 830.896.1200 or 1-801}375-2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830-257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or otherwise limited due to: i) transmission limitations caused by atmospheric and other conditions; ii) the availability d radio frequency channels; iii) system ppadty limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have nil liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any of the above referenced conditions or from: i) your negligent or willful ad; ii) the failure of equipment or of service not provided through FSW facilities and; iii} Ads of God, fire, riots, government authorities or other causes beyond the contrd of 1=SW. FSW accepts NO RESPONSIBILITY for problems encountered while customer is roaming in any other Commerdal Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or modffiption, or poses beyond our reasonable contrd. You agree that the liability of FSW, if any, for interruptions, delays, and failures in transmission of service (service problems) to you, whether posed by tl~e negligence of FSW or otherwise, is hereby limited to the allowance of a credit in the form of an adjustment for no more than the charges billed by FSW to you for the affeiled period, except that no credit shall be given for recurring monthly charges, if any, for a service problem of less than twenty-tour (24) hours duration. Under no circumstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to require that credits be applied for in writing and to deny any request for credit for an alleged service problem where the evidence of such problem is inconclusive, or the request is otherwise unwarranted or insuffident in the opinion of FSW. Except as provided above, you hereby agree that FSW shall not be liable tor, and shall be held harmless and indemnified by you from and against any and all claims and damages, of every kind, whether by con- trail or in tort, and spedfiplly induding any claims or damages arising or alleged to arise out of negligence on the part of FSW, and including spedfiplly spedal or consequential damages, arising or alleged to arise ou! o} the use of any service and/or equipment provided under this contract, as well as any damages such as lost profits arising out of or attributed, directly or indirectly, to service problems or any failures of the Commerdal Mobile Radio Service system or your equipment, induding the inability to successfully place an emergency call to 911 or any other number, or the failure or inability of any emergency answer- ing system or the Commerdal Mobile Radio Service system to properly identify the calling number or the loption or vicinity or the unit placing any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied warranty, including any warranty of merchantability or fitness for a particular purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdely responsible to assure your unit is compatible with FSW service and is in compliance with the rules and regulations and condition:> of the FCC or any dher federal, state, or local regula- tory agency in the operation and use d your wireless equipment, induding all content you transmit through your unit, no matter where purchased or how obtained. Neither FSW, or any of its employees is an agent or representative of you in FCC matters or otherwise. You understand that for an additional fee, speakerphone equipment isavailable from numerous sources. This service enables you to use your wireless telephone in your motor vehidewithout holding the receiver, thereby allowing you to use bath hands while operating such motor vehicle. This Paragraph 10 in its entiretyshall survive termination of this Agreement 11. GOVERNING LAW -This Agreement shall be governed by the laws of the State of Texas. It any one or more of the provisions contained herein. shall be held to be invalid, illegal, or unenforceable in any rasped, such as invalidity, illegality, or uninforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12. ACCEPTANCE -This dowment is an offer by you to accept the Service, which will become a contras when accepted in writing by FSW, or its designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon or reserved to FSW is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shalt be cumu- lative of every other right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurrently therewith or from time to time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless d any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 15. CALL-FORWARDING CALLS -Call-forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 16. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all of your long distance ells to a long distance provider of FSW's choice. 17. RECONNECTION FEE -Customer agrees to pay a $15.00 reconnection fee, plus applicable taxes, when reactivating service after any servip suspension. 18. SERVICE PLANS -Initial activations, reactivations, or plan changes of wireless service with FSW shall only include rate plans currently being offered at the time the activation, reactivation, or plan change is completed. 18. PRIYACY -Commerdal Mobile Radio Servip systems use radio channels to transmit voice and data communiptions over a complex network. Although the law generally prohibits third parties from listen- ing in an Commerdal Mobile Radio Servip ells, privacy pnnot be guaranteed, and FSW shall not be liable to you for any lade of privacy you experience while using the unit or any Commerdal Mobile Radio Service. ff you are concerned with protecting your privacy, there may be products on the market availate at your expense which can scramble your ells. 20. CHANGE OF ADDRESS -You are responsible for notifying FSW of any changes in your address 21. THtB AGREEMENT CONSTITUTES THE EN71RE AGREEMENT OF THE PARTIES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TOTHE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANT TOTHI$ AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO YOU. Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t" to 19t". 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. µ r (~ - _ t~/~+~+ r F~V~ Cv*'T~R ~~~~4.ESCV Agent Name £ ~~ ~' T~'~ Credit Check ^ Activation ^ E SERVICE AGREEMENT $~~ ~- ~" MDN Phone No. j ~ cr- '~] Initial Service ^ Renewal Service : ' ~ , i ^ Assumption~of Account MIN Phone No, $3.~ - ~ ""` t Today's Date ~~"'~U I ~ ~~ ~. Account Number '~ . Activatton Bate Cluretrt/Previous Customer of FSW ^ yes ^ no Phone IvlfglModel Wireless Num er(s) ~ MEID l New ^ Used ~ ~, ~ 1, ESN (11 digits) ~- ~ ~ 1 ~ PSUEDO ESN (8 characters) ,~ °,.° ,' Unlock Code L ~ ,_ i ~ ~ ~ ~ , ~ Subscriber Name ~,jjl1~ ~ ~t..~~' .'~~ ` . se>"vice Comttdtment (Ter>tn of Contract) Spouse/Co-subscriber ~- Length of commitment: Months Home Photte # ) ~ ~ ~ µ`=--` I understand t e set a co fitment ex irr;s on Place of Primary Use ~, ~ ~ ~ ~~~ City . C~unty „r. i Mailing 'fling A~idr ss ~ EARLY TERMINATION CHARGE: $200.00 ty ,~ ~ County Ci ~.r' = "_,~. State dip ~f~~ Customer Initial Please ,~ - . ~, Individual or Sole Proprietorship SSN DOB ~/-/- Spouse SSN DOB _/~/_ :Driver's License State Place of Employment ' Date Employed Work Phone # ~ "` Ext. Tax Exempt ^ Fed ^ St : ^ Co ~ "Loc. FSW USE ONLY DepositAmount: $ Deposit. # Recd Date Activafion/Service Charge $ Monthly Included Monthly* Service Plan Minutes Charge (~ ADD'-A- ~~ T"' PHONE ~~ Corporation, LLC,:Partnership~ Ltd: Partnership, LLP, Government Agency Type of Entity ~~~~~ = " ' . ,. Tax ID # r~ Officer Title ~ ~ ~ u '~~ Officer _ Title Trade Reference ' Phone # Acct # Tax Exempt Fed St Co Loc ~. , Ca11Ing Features Monthly Monthly charge will not apply when included in service plan. Charge SMS {Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No *All plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Ultiversal Service Fund and Telecommunications Infrastructure Fund reimbursements. Customer, Please Read and Initial By signature, customer. agrees to all terms and conditions in the I understand .that there is a service commitment above application for FSW wireless service as stated on both sides from the date of activation as set out above. of this service agree~at and confirms the truth and completeness I understand that all services 'are taxable - .All of the information supplied. applicable taxes, surcharges, and assessments will be billed if signing on behalf of an entity, I represent that I am a duly authorized representative of the entity on my monthly statement (not applicable if tax exempt). shown nnder "Subscriber Na~° above, and I have submitted this application in the capacity as indicated as my "title" below.3 am representing a corporation, I acknowledge that the execution of I .understand the monthly ,access 'fee and included this document has been authorized by "all necessary corporate action. In the event of an unauthorized minutes will be prorated for the number `of days I am in signature on behalf of a business subscriber, the undersigned agrees to lie personally liable for amounts not paid when due. service for the first monthly billing cycle. (Billing cycle. runs .. from the .20th of the month to the 19th of the following ..~.. _ - . __ _ ._--w, .~.M ~ \ month.) Custom~x Signature } ~`"Y= ,~. I understand the difference between home, roaming, ~ ; <'_ : a . . billing increments and rounding up of minutes. Title l_ ` 'i.9' apt- ' - - ~ . ~ Date ~ " I-have been provided a FSW customer information printed Name brochure. ~,~ ~ , `~ ~ `t V° Revised 10/06 TERMS & CONDITIONS. OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT Texas RSA 1582 Limited Partnership d/Wa Five Star Wireless (FSW), provides Commercial Mobile Radio Service (the "Service") on the terms and conditions spedfied herein and at rates and charges estalr lished from time to time. Every use of the term 'you", 'your" or "customer' in this document includes you, individually, as well as any company or other entity on whose behalf .you are acting in submitting this application for Service. 1. AVAILABILITY OF LIMITED SERVICE •Commerdal Mobile Radio Service is generally available to wireless mobile radio units (wireless telephone:>) equipped for this service and when within the operat- ing range of cell sites located in the FSW Home Service Area and may be available outside of that area in other partidpating carrier service areas. Thef "Home Service.Area" is the areawithin which FSW is licensed to provide Commerdal mobile ratlio service, and any other areas where by contract FSW subscribers may make calls ai the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished fd use by you or others either expressly or impliedly authorized by you. Orders, including those which involve the initiation, change or discontinuance of service, will be accepted by FSW only from you or your Authorized Agent. Any person able to provide your name, address, social security number, driver's license number and wireless numbsu will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, including adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate, or change such number, when, in its sole opinion, such assignment, designation or change is reasonably necessary in the conduct of its business. A telephone number may not appear in more than one mobile radio unit, and you may net alter or program any mobile radio unit capable d using the FSW network so that it emulates or appears to be anoher unit subscribed to FSW service, including altering the manufacturer's installed Electronic Serial Number (ESN) or FSW programmed telephone num- ber or Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any of the described numbers without the express prior written consent d FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term specified on the front d this document under the heading of "Service Commitment." The term of your Service Commitment begins on the first day your service is asivatetl. At the end of your Service Commitment, the term of this Agreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. If you have contracted for a service commitment other than amonth-to-month term, you have received certain benefits from FSW in exchange for such service commitment which may indude, but are not lim- ited to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach of your servia; commitment will be difficult, if not impassible, to deter- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICE BEFORE EXPIRATION DATE OF THE TERM OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENSATE FSW FOR ITS COS-FS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIVES WHICH WERE PROVIDED BY FSW TOYOU AT NO CHARGE OR REDUCED CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRACT' AND COMMITMENT CANNOT BE ASSIGNED WITH- OUTTHE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. For purposes d this agreement, denial or disconnection of your service by FSW for your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination d service by you. 3. DEPOSITS/CFiEDIT CHECKS - At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW far the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of all sums due hereunder to FSW, as well as the performance of all other obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater of 2% per annum or that rate requiredby state law, will be paid on any such cash deposit for the period during which it is held by FSW. Upon termi- nation dservice, FSW may apply your deposit (and any interest accrued thereon) first against your bill or any other amount you owe FSW, before delivering the balance to you. Annually, you may request that FSW reevaluate your deposit, which may result in a partial or total refund of the deposit to you or a credit to your account. tl, at any time during this Agreement, in the sole opinion of FSW, your credit and/or financial information proves unsatisfactory or if any other reason arises, such as, but not limited to, suspected unlawful use of wireless service, excessive charges. legal disputes, or suspected fraud, FSW may, in its sde discretion, demand from you a deposit or increased deposit .as a condition for continuation of the Service to you. You certify and warrant that the information provided by you on the front of this contract is complete and correct. 4. RATES, CHARGES AND PAYMENT -You will receive monthly bills which are due and are to be paid in full on the date shown on the bill. You hereiby agree to pay FSW all charges for i) wireless airtime usage, inducting wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any ttil charges resulting from the origination of mobile calls to prints outside the FSW Toll Free calling area; v) celled calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers for your unit's use of such providers'systems and their airtime charges, which may be greater than local rates, and cell forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries imposed on you or FSW as a result of use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeade time for calls originated by or terminated to your wireless telephone unit begins when a connection is established between the unit and the carrier's facilities, regardless of whether or not the call is completed. Airtime rates vary by market. There is a minimum charge for each connected call. Airtime is billed ih increments. Whole minute increments may be used. Actual airtime usage is rounded up to the next increment for billing purposes. If you select a Calling Plan with inducted airtime, unused inducted airtime from one billing cycle will not carry over to the following billing cycle. If your wireless unit is used as a pager, yap will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. You may elect to change your rate plan to another generally available rate plan d FSW at any time during the term of this Agreement. A service change fee may be charged in such event. In the event of your death, all amounts due FSW under this Agreement for services provided to your wireless account, inducting early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive termina• lion of this Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (30) DAYS, ALL CHARGES ARE CONSIDERED VALID. 5. TAXES/FEESlSURCHARGES • Except for the amounts, if any, of state and local taxes and assessments stated on the front page of this document, the prices and rates set out herein, or established from time to time, do not indude any amount for Federal, State and/or Local excise, sales, use, property, retailer's occupation or similar taxes, or 911 fees, Universal Services and TIF reimbursements, surcharges, fees, other assessments or reaweries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or net listed herein, is determined to be applicable, then you agree to pay FSW the full amount of any such tax, tee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subject to change without notice. 6. NONPAYMENT/BREACH • A late payment charge of the lesser of 1-1/2 % per month, or the maximum rate permitted by law may be applied to each of your service bills not paid by the due date. The late payment charge is applied to the total unpaid amount carried forward to a subsequent bill. A charge of $10.00 will be made by FSW for any check or other negotiable instrument tendered by you to FSW which is returned unpaid by a financial institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a Cdledion agency or attorney to assist FSW in remedying your breach of this agreement, inGUding but not limited to the non-payment of charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to you from or to credit reporting agencies, credit bureaus, private credit reporting assodations, or other providers of Commerdal Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. If you terminate service before the completion of any service commitment (other than amonth-to-month term), including termi- nation of your service by FSW because of your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front of this Agreement to FSW as liquidated damages. Upon theoxurrence ti any of the Tdlowing with regard to the Service provided pursuant to this contract, or for any other service provided to you, including without limitation, Commercial Mobile Radio Service or other services to other units using dher numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of any wire- less unit; ii) vitiation d any term or condition of this or other contracts or agreements with FSW, subject to any applicable tariff or regulation; iii) suspected unlawful use; or iv) excessive charges or fraud; FSW may, with ar without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contras. FSW may also terminate service in the event of your insolvency, receivership, vduntary or involuntary bankruptcy, assignment for the benefit of creditors, or sale of substantially all ofour assets. Disconnection of your service or termination of your contract under any ti these dreumstances shall be deemed a termination of service by you. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement includ- ing any apptiaable Early Termination Charge. Service also may be refused or disaxttinued without notice in the event that: i) service is used in a manner that will adversely affect FSW service to others or is otherwise in vitiation of any FCC Rules or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is inaccurate; iv) FSW becomes aware of tads indicating that your credit standing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to another account or wireless number; or vi) you fail to provide any security deposit or additional security deposit as maybe required now or in the future. 9. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT -FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other- wise agreed to in writing. Units purchased from any source other than directly from FSW, including those purchased from authorized FSW agents ARE INOT provided or sold to you by FSW and you agree to dived all Complaints regarding your wireless unit to the source of such equipment. You understand that in the event d nonpayment d charges, the Commerdal Mobile Radio Service system may be programmed to refuse service to the equipment on which the delinquent charges were incurred unfit payment in full is made. You agree to advise any prospective purchaser of your equipment of any such outstanding unpaid charges. If your equipment is stolen, you areresponsiblefov all charges for Commercial Mobile Radio Service provided to the stolen unit until the theft is reported ao FSW directly by calling the customer service number at 830-896-1200 or 1-800.375.2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830-257-0114, Kerrville Telephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or otherwise limited due to: i) tr;msmission limitations caused by atmospheric and other conditions; ii) the availability d radio frequency channels; iii) system capacity limitations; iv) coordination with adjacent wireless companies; v) equipment modifications, upgrades, relocations, failures, repairs and/or similar asivities; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PROVIDE UNINTERRUPTED SERVICE to you or your authorized user. FSW shall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any of the above referenced conditions or from: i) your negligent or willful as; ii) the failure of equipment or d service nd provided through FSW fadlities and; iii) Ass of God, fire, riots, government authorities or other causes beyond the contrd of F SW. FSW accepts NO RESPONSIBILITY for problems encountered while customer is roaming in any dher Commerdal Mobile Radio Service area, for ads or omissions of any other service provider, for information provided through your unit, equipment failure or madifigtion, or causes beyond our reasonable contrd. You agree that the liability ti FSW, if any, for interruptions, delays, and failures in transmission of service (service problems) to you, whether caused by tfte negligence of FSW or otherwise, is hereby limited to the allowance of a aedit In the form of an adjustment for no more than the charges billed by FSW to you for the affesed period, except that no credit shall be given for recurring monthly charges, if any, for a service problem d less than twenty-four (24) hours duration. Under no circumstances shall any credit exceed the wireless service charges billed for the period affected by the service problem. FSW has the right to require that credits be applied for in writing and to deny any request for credit for an alleged service problem where the evidence of such problem is inconclusive, or the request is otherwise unwarranted or insuffident in the opinion of FSW. Except a5 provided above, you hereby agree that FSW shall nd be liable tor, and shall be held harmless and indemnified by you from and against any and all claims and damages, of every kind, whether by con- tract or in tort, and spedfieally inducting any claims or damages arising or alleged to arise out ti negligence on the pan of FSW, and including spedfically spedal or consequential damages, arising or alleged to arise out ti the use of any service and/or equipment provided under this contract, as well as any damages such as lost profits arising out of or attributed, diresly or indiresly, to service problems or any failures d the Commerdal Mobile Radio Service system or your equipment, including the inability to successfully place an emergency call to 911 or any other number, or the failure or inability of any emergency answer- ing system or the Commercial Mobile Radio Service system to properly identify the calling number or the location or vicinity or the unit placing any such call, no matter how occasioned. Other than as set out above, FSW makes no express warranty regarding the service of your wireless equipment and disclaims any implied warranty, including any warranty of merchantability or litness for a particular purpose. You agree to use your wireless equipment and the Service provided by FSW in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of the equipment and services. You are sdely responsible to assure your unit is compatde with FSW service and is in compliance with the rules and regulations and condition:, of the FCC or any dher federal, State, or local regula- tory agency in the operation and use d your wireless equipment, including all content you transmit through your unit, no matter where purchased or hove obtained. Neither FSW, or any of its employees is an agent or representative of you in FCC matters or dherwise. You understand that for an additional tee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone in your motor vehicle without holding the receiver, thereby allowing you to use bdh hands while operating such motor vehicle. This Paragraph 10 in its entirety shall survive termination d this Agreement 11. GOVERNING LAW -This Agreement shall be governed by the laws ti the State of Texas. If any one or more of the provisions contained herein. shall be held to be invalid, illegal, or unenforceable in any respect, such as invalidity, illegality, or uninforceability shall nd atted any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceade provision had never been contained herein. 1T. ACCEPTANCE -This document is an offer by you to accept the Service, which will become a contras when accepted in writing by FSW, or its. designee,which acceptance shall be at FSW's sole discretion. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon or reserved to FSW is exclusive of any other right or remedy herein or by law cv equity provided or permitted, but each shall be cumu- lative devery dher right or remedy given hereunder or now or hereafter existing at law or equity, and any be enforced concurremly therewith or from time 1o time. 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay any payments due hereunder regardless ti any claimed defense or offset which maybe asserted by Customer or on Customer's behalf. 15. CALL-FORWARDING CALLS -Call-forwarding calls in excess d five (5) minutes in duration are billed at a per minute rate. 16. LONG DISTANCE CARRIER -FSW reserves the right to deliver some or all of your long distance calls to a long distance provider of FSW's choice. 17. RECONNECTION FEE - Cusiorner agrees to pay a $15.00 reconnesion tee, plus applicable taxes, when reasivating service after any service suspension. 18. SERVICE PLANS • Initial activations, reactivations, or plan changes of wireless service with FSW shall only include rate plans currently being offered at the time the asivation, reactivation, or plan change is completed. 19. PRIVACY -Commerdal Mobile Radio Service systems use radio channels to transmit voice and data communications over a complex network. Altha~gh the law generally prohibits third parties from listen- ing in on Commerdal Mobile Radio Service calls, privacy cannot be guaranteed, and FSW shall not be liable to you for any lade of privacy you experience while using the unit or any Commerdal Mobile Radio Service. M you are concerned with protecting your privacy, there may be products on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responsible for notifying FSW of any changes in your address. 21. THIS AGREEMENT CONSTITUTESTHE ENTIRE AGREEMENT OFTHE PARTIES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS CIR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTO THI1i AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO YOU. ` ~ ~~~. Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20th to 19th. 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. .., ,. ,~~,. v,; j ). '',.. .11.E j:: •a :.~ ~ f + ~ s t .'~., y,{' rY' i -~1VE STAR 11M ~RELE S - ( -Agent Name ~ Credit Check ^ Activation ^ ~7 s SERVICE AGREEMENT. `£] Initial Service ^ Renewal Service ^ Assumption of Account Today's Date Activation Date {r "" {~4 ^ Cutrent/Previous Customer of FSW ^ yes ^ no • Wireless Number(s) A t j } { MDN Phone No. 83O - ~ ~. t p MIN Phone No. 83O - t ~ Account Number ,. Phone Mfg/Model r '' ~` , MEID L~] New ^ Used ESN (11 digits) `' ~ ~` PSUEDO ESN (8 characters) Unlock Code J ` s~` Subscriber Name &', _.: # . ' ~ •°% ~~ ' ' "~ • " f Spouse/Co-subscriber .. ,j Home Phone # ( ~ ) Place of Primary Use City County Mailing/Bilhng Address , ` x t .4 `~I ~~~ ~ City .~ • _, 4 , t., ; :, County . a ~ , ; - . , ~,- p k p State r .~ , Zi ~ ~ ~ i Individual or Sole Proprietorship SSN DOB _/_/_ Spouse SSN DOB ,/_/_ Driver's License State Place of Employment Date Employed ""° -~ i Work Phone # ( °) ` ? ~ Ext. Tax Exempt ^ Fed ^ St . ^ Co ^Loc Service Commitment (Term of Contract) Length of commitment: Months I understand the service commitment ex ices on ~ ~-~ ~ j` EARLY TERMINATION CHARGE: $200.00 Customer Initial Please I ~ . Corporation, LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type of Entity "'' ;,' . _k x Officer ~ "~ f' .~ Title ~-~~ Officer Title FSW USE ONLY Trade Reference Deposit Amount: $ Phone # Deposit # Recd Date Acct. # Activation/Service Charge $ Tax Exempt C] Fed ~ St ^ Co ^Loc • ~ ~ Monthly Included Service Plan Minutes ADD-A- PHONE Monthly* Charge ~.5 ,.~ ~ .t '. *All plans subject to applicable taxes, surchazges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. Calling Features Monthly Monthly charge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No Customer, Please Read and Initial By signature, customer agrees to all terms and conditions in the I understand that there is a service commitment above application for FSW wireless service as stated on both sides from the date of activation as set out above. of this service agreement and confirms the truth and completeness I understand that all services are taxable -All of the information supplied. applicable taxes, surcharges, and assessments will be billed If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity on my monthly statement (not applicable if tax exempt). Shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of I understand the monthly access fee and included this document has been authorized by all necessary corporate action: In the event of an unauthorized minutes will be prorated for the number of days I am in signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. service for the first monthly billing cycle. (Billing cycle runs from the 20th of the month to the 19th of the following month.) Customer Signature I understand the difference between home, roaming, 1 billing increments anc~ rounding up of minutes. Title '-'' Date I have been provided a FSW customer information printed Name i~' brochure. ` x it Revised 10/06 TERMS & CONDITIONS OF COMMERCIAL MOBILE RADIO SERVICE AGREEMENT . Texas RSA 1582 Limited Partnership d/b/a Five Star Wireless (FSW), provides Commercial Mobile Radio Service (the "Service"? on the terms and conditions spedfied herein and at rates and charges estab- lished from time to tirtre. Every use of the term 'you", 'your" or "customer" in this document includes you, individually, as well as any company or other entity on whose behalf you are acting in submitting this application for Service. 1. AVAILABILITY GF LIMITED SERVICE -Commercial Mobile Radio Service is generally available to wireless mobile radio ~urits (wireless telephones) equipped for this service and when within the operat- ing range of cell sites located in the FSW Home Service Area and may be available outside of that area in other participating carrier service areas. This "Home Service Area" is the area within which FSW is licensed to provide cammerdal mobile radio service, and any other areas where by contract FSW subscribers may make calls at the FSW home rate. The home Service Area may change from time to time without notice to you. Service is furnished for use by you or others either expressly or impliedly authorized by you. Orders, including those which invoPre the initiation, change or discontinuance of service, will be accepted by FShI only from you or your Authorized Agent. Any person able to provide your name, address, serial security number, driver's license number and wireless number will be presumed to be your Authorized Agent, and is authorized by you to receive information about and make changes to your account, including adding new Service or number. You have no property right in the telephone number assigned to your wireless unit. FSW reserves the right to assign, designate:, ;x change such number, when, in its sole opinion, such assignment, designation or change is reasonably necessary in the conduct of its business. A telephone number may not appear in more than one mobile rariio unit, and you may not alter or program any mobile radio unit capable of usinq+ the FSW network so that it emulates or appears to be another unit subscribed to FSW service, including altering the manutadure is installed Electronic Serial Number (ESN) or FSW programmed telephone rum-` bar or Mobile Identification Number. FSW reserves the right to suspend service to all units sharing any of the described number> ~n:ithout the express prior written consent of FSW. 2. SERVICE COMMITMENT -You have contracted with FSW to provide the Service to you for the term specified tin the iron! of this document under the heading of "Service Commitment" The term of your Service Commitment begins on the first day your service is adivated. At the end of your Service Commitment, the term of this /~.yreement shall be deemed automatically renewed on a month-to-month basis on the same terms and conditions contained herein, and shall continue until terminated by either party. ~• If you have contraded for a service commitment other than amonth-to-month term, you have received certain benefits from F04V in exchange for such service commitment which may include, but are not ikm- ited to, subsidization of the purchase price of your wireless unit. You understand and agree that FSW's damages arising out of your breach of your service commitment wilt be difficult, if not impossible, to de^ar- mine. THEREFORE, IF, FOR ANY REASON, YOU TERMINATE YOUR SERVICc BEFORE EXPIRATION DATE OF THE TERP.n OF YOUR SERVICE COMMITMENT, YOU HEREBY AGREE TO PAY THE FSW EARLY TERMINATION CHARGES SPECIFIED ON THE FRONT OF THIS FORM AS LIQUIDATED DAMAGES TO COMPENS:A'CE FSW FOR ITS COSTS OF ACTIVATION OF YOUR SERVICE, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT SUBSIDIZATION, INSTALLATION, FREE MINUTES OF USE AND/OR OTHER INCENTIV!=.S WHICH WERE PROVIIDED BY FSW TO YOU AT NO CHARGE OR REDUCF_D CHARGE IN EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT TERM. YOUR SERVICE CONTRAC~i AND COMMITMENT CANNOT BE ASSIGNED WITH- OUTTHE CONSENT OF FSW. Except for the special services offered in exchange for your service commitment, FSW reserves the right to increase any and all rates upon thirty (30) days notice to you. For purposes of this agreement, denial or disconnexion of your service by FSW tar your failure to pay FSW for the Service provided to your unit and billed to you, shall be deemed a termination of service by you. 3. DEPOS!TS/CRE'DIT CHECKS • At any time FSW may require you to make a suitable cash deposit to be held by FSW to secure payment to FSW for the Service provide to you and you hereby grant FSW a security interest in such deposit to secure the payment of alt sums due hereunder to FSW, as well as the performance of all ether obligations you may have to FSW no matter how arising, whether now exist- ing or hereafter arising. Interest in the amount of the greater of 2 % per annum or that rate required by state law, will be paid on any such cash deposit fcr the period during which it is held by FSW. Upon termi- nation of service, FSW may apply your deposit (and any interest accrued thereon} first against your bill or any other amount you awe FSW, before delivering the balance to you. Annually, you may request ?hat FSW reevaluate your deposit, which may result in a partial or total refund of the deposit to you or a credit to your account. If, at any time during this Agreement, in the sole opinion of FSW, your credit and/or financial information proves unsatisfactory or it any other reason arises, such as, but not limited to, suspexed unlawful use of wireless service, excessive charges. legal disputes, or suspexed fraud, FSW may, in its sole discretion, demand from you a deposit or increased deposit as a condition for continuation of the Service to you. `you certify and warrant that the information provided by you on the front of this contrad is complete and correct. 4. RATES, CHARGES AND PAYMENT • Vou will receive monthly bills which are due and are to be paid in Lull on the date shown on the bill. You hereby agree to pay FSW all charges for i) wireless airtme usage, including wireless airtime charges used on other wireless systems (roamer charges); ii) recurring monthly access charges, if any; iii) optional features; iv) any tdl charges resulting from the originaricr. of mobile calls to points outside the FSW Toll Free calling area; v) tolled calls; vi) other charges or calls billed to your wireless unit including all roamer charges, such as daily charges billed by other wireless providers for your unit's use of such providers' systems and their airtime charges, which may be greater than local rates, and call forwarding charges; vii) any taxes, surcharges, fees, assessments, or recoveries imposed on you or FSW as a result of use of the Service on your account. You accept responsibility for incoming calls to your wireless telephone. Chargeable time for calls originated by or terminated to your wireless telephone unit begins when a connexion is established between the unit and the carrier's facilities, regardless of whether or not the call is completed. Pirtime rates vary by market. There Is a minimum charge for each connexed call. Airtime is billed in increments. Whole minute increments may be used. Axual airtime usage is rounded up to the next increment for billing purposes. If you salad a Calling Plan with included airtime, unused included airtime from one billing cycle will not carry over to the following billing cycle. If your wireless unit is used as a pager, ycv will be charged for such services as described in your Short Message Service Plan. FSW reserves the right to increase any and all rases upon thirty (30) days notice to you. You may Bled to change your rate plan to another generally available rate plan of FSW at any time during the term of this Agreement. A service change fee may be charged in such event. In the event of your death, ail amounts due FSW under this Agreement for services provided to your •wira:ass account, including early termination charges and monthly service charges through the service commitment date, shall constitute an obligation of your estate. This Paragraph 4 in its entirety shall survive ternrlna- tion of this Agreement. YOU HAVE THIRTY (30) DAYS FROM ANY BILLING DATE TO DISPUTE CHARGES. AFTER THIRTY (301 DAYS. ALL CHARGES ARE CONSIDERED 'VALID. 5. TAXES/FEES/SURCHARGES -Except for the amounts, if any, of state and local taxes and assessments stated on the !runt page of this document, the prices and rates sat out herein, or established s.`am time to time, do not include any amount for Federal, State and/or Local excise, sales, use, property, retailer's occupation or similar taxes, or 917 fees, Liniversal Services and TIF reimbursemenPS, surcharges, fees, other assessments or recoveries imposed on you or FSW, and the like which may be applicable. If any such tax, fee or assessment, whether or not listed herein, is determined to be applicable, ?hen •,~ou agree to pay FSW the full amount of any such tax, fee or assessment, by the due date of the bill on which the same is included. Tax rates, fees and assessments are subjex to change without notice. 6. NONPAYMENT/BREACH - A late payment charge of the lesser of 1-1;2°~b per month, or the maximum rate permitted by law may be applied to each of your service bills not paid by the due date. Tha late payment charge is applied to the total unpaid amount carried forward to a subsequent bill. A charge of $t0.G0 will be made by FSW for any check or other negotiable instrument tendered by you to FSW :.afnich is returned unpaid by a financial institution for any reason. FSW may demand payment by money order, cashier's check or similarly secure form of payment, at FSW's discretion. If FSW obtains the services of a collodion agency or attorney to assist FSW in remedying your breach of this agreement, including but not limited to the non-payment of charges hereunder, this expense will be paid by you. 7. CREDIT INFORMATION -You consent to FSW obtaining or disclosing account information relating to yeti from ar to credit reporting agencies, credit bureaus, private credit reporting associations, or :;,her providers of Commercial Mobile Radio Service. 8. TERMINATION OF SERVICE -You may terminate service by notifying FSW. It you terminate service before the completion of any service commitment (other than amonth-to-month term), includiny termi- nation of your service by FSW because of your failure to pay any amount owed FSW for wireless service on this or any other account, you agree to pay the Early Termination Charge described in Paragraph 2 above and on the front of this Agreement to FSW as liquidated damages. Upon the occurrence of any of the following with regard to the Service provided pursuer, to this contrad, or for any other service provided to you, including without limitation. Commercial Mobile Radio Service or other services to other units using other numbers or accounts in your name or for which you are responsible, to-wit: i) non-payment of any amount due FSW for the Service or purchase or repair of r>nv'rrire- less unit; ii) violation of any farm or condition of this or other contrads or agreements with FSW, subject to any applicable tariff or regulation; iii) suspexed unlawful use; or iv) excessive charges or fraud; !=5W may, with a without notice to you and without incurring any liability to you or any other person, temporarily discontinue any and all service to you, and/or terminate this contrax. FSW may also terminate service in the event of your insolvency, receivership, voluntary or involuntary bankruptgr, assignment for the benefit of creditors, or sale of substantially all of our assets. Disconnexion of your service or terminaiicTn of your contrad under any of these dreumstances shall be deemed a termination of service by you. Upon termination, you are rem:ponsible for paying all amounts and charges owing under this Agreement Snaiud- ing any applicable Early Termination Charge. Service also may be refused or discontinued without notice in the event that: i) service is used in a manner that will adversely attex FSW service to others or is otherwise in vidatior', of any FCC iiwe> or Regulations; ii) services are not available from the network provider or its successor; iii) our credit information provided to FSW is ~~naccurate; iv) FSW becomes aware of fads indicating that your credit stanuing has deteriorated; v) you fail to pay FSW for any service provided to you or for your benefit to another account or wireless numhar; or vi) you fail to provide any security deposit or additional security depcslt as may be required now ar in the future. 9. WIRELESS TELEPHONE/RESPONSIBILITY FOR SERVICE/THEFT -FSW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone unless other• wise agreed to in writing. Units purchased from any source other than direcly from FSW, including 9hose purchased from authorized FSW agents ARE NOT provided or sold to you by FSW and you agr-e to direct all complaints regarding your wireless unit to the source of such equipment. You understand that in the event of nonpayment of charges, the Commercial Mobile Radio Service system may be programmed Yo refuse service to the equipment on which the delinquent charges were ir.rurrred until payment in full is made. You agree to advise any prospedive purchaser of your equipment of any such outstanding unpaid charges. If your equipment is stolen, you are responsible for all charges for Commercial Mobile Radio Service provided to the stolen unit until the theft is reported to FSW directly by calling the customer sero!ce norther at 830.898-1200 or 1-800-375-2298, or after 5:00 p.m. weekdays, and during weekends and holidays, 830-257-0714, Kerrville Tzlephone company repair service. 10. FSW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted, delayed or otherwise limited due tar i) Pransmission limitaiiens caused by atmospheric ~sr.6 ;vier conditions; ii) the availability of radio frequency channels; iii) system capacity limitations; iv) coordination ~.vith adjacent wireles=: companies; v) equipment modifications, upgrades, r®locations, failures, ^apairs and/or similar axivities; and vi) interruptions resulting from any non-payment by you. Therefore, FSW ASSUMES NO DUTY TO PF;OVIDE UNINTERRUP-fED SERVICE to yeti or y±ur autf?orized user. FS'r'J stall have no liability and no credits shall be given for any interruptions, delays or failures in transmissions resulting from any of the r::bove referenced conditions or .ram: !) ;your negligent or wildfui act; tip the Fztl!cre of equipment or of service not provided through FSW facilities and; iii) Ads of Cnod tire, riots, yovernmem t ~rh:nrties or other cat -beyond the control of FSW. at~J _..¢r.. ,xaniE ~~r~. ;,ny rasped, such as invalidity, illegality, or uninforceability shall not affex any other provisions hereof, and .hie Agreerr.ent shall ~nsUued as it such irn a+id, ! ,. ,r, er f rr .. ice., 1 .,v.: on sad never 'roan contained herein. 12. ACCEPTANCE -This document is an offer try you to accept the Service, which will become a contrad when accepted In .v ~^;ng dy FSW, cr its designee,wr c~l.::,a:r~ptar ..a sl .,il ba a? <- W's ~ oie dsci~iron. 13. CUMULATIVE REMEDIES - No right or remedy herein conferred upon ar reserved to FSW is exrl ~s`fe of any other riyh or remedy herein or dY law or eqt i y ;vided ~+ ,, ,rx~itt?d twt each hart 7e ::";nw- lative of every other right or remedy given hereunder or now or hereafter existiny at law or equity, and env oe enforced concurruttly therewith or from time to tim., 14. WAIVER OF CLAIMS AND OFFSETS -Customer hereby waives, and agrees not to risen any and rill existing or future cl,:.ims, defenses, and offset, ago. >t ., ~ c suc aerewndtr. t':uso;t ~es to pay any payments due hereunder regardless of any claimed defense or offset which maybe asserted by Customer ur on Customer's behalf. 15. CALL-FORWARDING CALLS -Call-forwarding calls in excess of five (5) minutes in duration are billed at a per minute rate. 16. LONG DISTANCE CARRIER •FSW reserves the right to deliver some or all of your long distance calls to a long distance provider of FSW's choice. 17. RECONNECTIOW FEE -Customer agrees to pay a $15.00 reconnexion tee, plus applicable taxes, when reaxivating service after any service suspension, 18. SERVICE PLANS -Initial activations, reactivations, or plan changes of wireless service with FSW shall only include rate plans currently tieing offered at the lima the axivation, reactivation, or cairn cP,t;:,ge is completed. 19. PRIVACY -Commerdal Mobile Radio Service systems use radio channels io transmit voice and data communications over a complex network. Although fhe law generally prohibits third parties trace its=en- ing in on Commerdal Mobile Radio Service calls, privacy cannot be guaranteed. and FSW shall not be liable to you for any lack of prvacy you experience white using the unit or any Commerdal Mobile Radio Service. If you are concerned with protexing your privacy, there may be produxs on the market available at your expense which can scramble your calls. 20. CHANGE OF ADDRESS -You are responsible for notifying FSW of any changes in your address. 21. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTfES, AND THERE ARE NO OTHER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FSW AND CUSTOMER RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY ORAL REPRESENTATIONS MADE BY ANY REFERRAL AGENTS OR SALESPERSON. THE TERMS AND CONDITIONS OF SERVICE PURSUANTTOTHIS AGREEMENT MAY BE MODIFIED BY FSW UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO YOU. ,Su,P~'~c1~ to '.ala~v?^.n.1 ~'dcL~pd~.~n i Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t'' to 19tH 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. 'FIVE STAR WIRELESS SERVICE AGREEMENT Initial Service ^ Renewal Service ^ Assumption of Ac"c~ount Today's Date / '- ,~ D `~ ~~ Activation Date Current/Previous Customer of FSW ^ yes ^ no Wireless Number(s) ~~ ~~a s~~ Agent Name - Credit Check ^ Activation ^ MDN Phone No. g 3 ~ - MIN Phone No. g3~ - Account Number ~ ~ ~ ~ 77~ Phone Mfg/Model MEID New ^ Used ESN (11 digits) PSUEDO ESN (8 characters) Unlock Code Subscriber Name /C F l/ (~ ~ .~..'~' L ~D ~ -~"~ ti c~ ~-~. Spouse/Co-subscriber Home Phone # ( ) Place of Primary Use City County Mailing/Bi in Address ~ ~~ ~~ City 'lwi / le County -/~' State ~a r Zip ~~ Individual or Sole Proprietorship SSN DOB _/_/_ Spouse SSN DOB _/_/_ Driver's License State Place of Employment _ Date Employed Work Phone # ( ). Tax Exempt ^ Fed Ext. ^ St ^ Co ^Loc FSW USE ONLY Deposit Amount: $~ Deposit # Recd Date ActivationlService Charge $ Monthly Service Plan l~ '` r7' e' Included Minutes ADD-A- PHONE Monthly* Charge *All plans subject to applicable takes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. Customer, Please Read and Initial I understand that there is a service commitment fr m the date of activation as set out above. I understand that all services are taxable -All a plicable taxes, surcharges, and assessments will be billed o my monthly statement (not applicable if tax exempt). I understand the monthly access fee and included 'nutes will be prorated for the number of days I am in rvice for the first monthly billing cycle. (Billing cycle runs om the 20th of the month to the 19th of the following onth.) I understand the difference between home, roaming, filling increments and rounding up of minutes. I have been provided a FSWFF ,ii customer in ormation ';brochure. /~ '~..L.. l ~w't~ ~.~ ~ ;~- Service Commitment (Term~o,/f Contract) Length of commitment: ~ / ' Months I understand the service commitment expires on EARLY TERMINATION CHARGE: $200.00 .~ Customer Initial Please~,7 ~..,_ Corporation, LLC, Partnership, Ltd. Partnership, LLP, Government Agency Type of Entity _ Tax ID # Officer Title Officer Title Trade Reference Phone # Acct # Tax Exempt ^ Fed ^ St ^ Co ^Loc Calling Features Monthly Monthly charge will not apply when included in service plan. Charge SMS (Text) $1.95 MMS (Data) $9.95 CDMA Phone Replacement Yes $7.95 (PDA devices not included) (Customer Initial) No By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an entity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge Il~at the execution of this document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. Customer Sig•It~Ctu e ._.. M ._ !~) - Title - - - ... Date Printed Name r FSW Representative =~ ~-='' s Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t" to 19t" 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. Indemnity by Kerr County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court. y IRELESS FIVE STAR W SERVICE AGREEMENT nitial Service ^ Renewal Service ^ Assumption of Account i Today's Date r Activation Date ~ ~ Current/Previous Customer of FSW ^ yes.^ no' Wireless Number(s) ~~ j ., y~ ~.~_ g quip MSN ^ New ^ Used ESN (11 digitsl ~~~ ~ ~ „~ ESN (8 digits) Unlock Code Subscriber Name ~ r // ~~ 4 ,~- ~' t, ~d c, ./f ~ e ~~~ Spouse/Co-subscriber Home Phone # ( ) Place of Primary Use 'J~P`"'~ City County Mailing/Billing Address T~r-7 ~~,~.~ l'~ Sri- City /~'. ~~ County ,~~ l/ State ~ L/ _ Zip 7~~~~` Service Commitment (Term of Contract) Length of commitment: ~ Months I understand the service commitment expires on -zL -- ,/ ~" / ~ EARLY TERMINATION CHARGE; Customer Initial .~~ ~ fem. h _ _~~• Y Jo +~ 1 J~.; ~kxy*'r;4 L~ ~~ x~~ x ~ .. _ P ~"'W r'Y v~.r ~ Individual or Sole Proprietorship Corporation, LLC, Partnership, Ltd. Partnership, LLP, SSN DOB -/_/_ Government Agency Spouse SSN DOB -/_/_ Type of Entity Driver's License _ State Place of Employment _ Date Employed Work Phone # ( )_ Tax Exempt ^ Fed Agent Name --~ Credit Check ^ Activation ^ MDN Phone No. 83~ - MIN Phone No. g 3~ - ~~ ~ ~~~ / o~ count Number ____- 11 e Mf /Model '~ c; ~ ` Ext. ^ St ^ Co ^ Loc Tax ID # Officer Title Officer Title ..- FSW USE ONLY Trade Reference Deposit Amount: $~~ Phone # Deposit # Recd Date Acct # Activation/Service Charge $ Tax Exempt ~ y -,},Nc a.,;. .t x -~ x 'W~*~'~, , ~,z4="..d'..r7~ Hx~;,{~~'>~"~°W4'>.SI1' M2~t ~ y~srtr~ . , ~ ,. .... ,. ., .. ~y.~...+t 3.... ,~t4. r,_. Lf .w~~ u,e.c:? u4 ~ ~~_, !,... ~ ~:. z . ~H -. a ~.~~i ..fir hce-1 ~ Calling Features Monthly Included Monthly Monthly charge will not apply when included in service plan. Service Plan Minutes Charge s1vls (Text) MMS (Data) ~ S ~~~ ~ $ CDMA Phone Replacement _ (PDA devices not included) `~ ADD-A- _ PHONE l' `~ *All plans subject to applicable taxes, surcharges and assessments, including, but not limited to, State and Federal taxes, 911 fees, and Universal Service Fund and Telecommunications Infrastructure Fund reimbursements. Customer, Please Read and Initial I understand that there is a service commitment ro the date of activation as set out above. I understand that all services are taxable -All ap icable taxes, surcharges, and assessments will be billed ou ny monthly statement (not applicable if tax exempt). I understand the monthly access fee and included mi utes will be prorated for the number of days I am in se vice for the first monthly billing cycle. (Billing cycle runs fr the 20th of the month to the 19th of the following m th.) understand the difference between home, roaming, illin increments and rounding up of minutes. I have been provided a FSW customer information brochure. (Customer Initial) Monthly Charge $1.95 $9.95 Yes $7.95 No By signature, customer agrees to all terms and conditions in the above application for FSW wireless service as stated on both sides of this service agreement and confirms the truth and completeness of the information supplied. If signing on behalf of an eutity, I represent that I am a duly authorized representative of the entity shown under "Subscriber Name" above, and I have submitted this application in the capacity as indicated as my "Title" below. I am representing a corporation, I acknowledge that the execution of this document has been authorized by all necessary corporate action. In the event of an unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for amounts not paid when due. _~-- Customer, Signa Title ~`-/~2~,r' Printed Name _) FSW Representative s '' v Kerr County Cell Phone service contract addendum January 29, 2008 General addendum to all Kerr County non-law enforcement cell phone contracts. 1. Individual phones can be added (or dropped) at a specific per phone, per month charge. 2. Initial block of minutes will be applicable to the entire pool of phones and numbers no specific allocation of minutes to individual phones or departments. 3. Initial blocks of minutes will be subject to adjustment up or down during an initial trial period 60 to 180 days 4. After stabilizing the number of minutes in the block additional minutes could be added in increments. 5. Per phone acquisition cost to be free. 6. Phones which are added to the program for users having individual contracts existing with Five Star will be allowed to cancel or modify the existing contract without penalty. 7. All billing will be direct to Kerr County and detailed. 8. Upgrade on deal if they give a better deal to a multi phone block user. 9. Billing 20t" to 19t". 10. Phones may be added from time to time with approval of department head, elected official, auditor, or county judge. 11. ,,, Indemnity by Kerr.County will only be to the extent allowed by law. 12. Contract subject to annual appropriation by Kerr County Commissioners Court.