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L~ <br />Oil <br />4.0 COMMISSIONS biu 17 m.' 87" <br />4.1 The commission payment shall be the following percentages of gross billable revenues: <br />thirty percent (30%) of the local collect calls, thirty percent (30%) of intra-lata collect calls, forty <br />percent (40%) of the inter-lata intra-state calls, and forty percent (40%) of the inter-lata inter- <br />state calls. Upon this installation of the inmate telephone system, Pay Tel will paid to the county <br />seven thousand five hundred dollars ($7500:00), provided that the Sheriff will provide a staff <br />person to serve as a service liaison to Pay Tel to make minor repairs and assistance Pay Tel in the <br />operation of the inmate telephone system. This staff person will be provided over the current <br />term of the Agreement. <br />4.2 Sheriff shall not be responsible for any losses due to fraudulent calls. Sheriff agrees to <br />assist Pay Tel in any efforts to prevent such fraud and further agrees to aid in the prosecution of <br />any perpetrators of fraudulent calls. <br />4.3 Sheriff acknowledges and agrees that the aforesaid commission rates are based on <br />revenue projections calculated by reference to usage during normal inmate awake hours and <br />Sheriff agrees that no action will be taken unreasonably to impede such usage. <br />5.0 EQUIPMENT AND SERVICES PROVIDED BY PAY TEL <br />5.1 Pay Tel will provide, install and operate equipment, including but not limited to coinless <br />inmate telephones, administrative terminal which Pay Tel may operate now or in the future at the <br />Premises. <br />5.2 The quantity and the placement of the equipment to be provided at the Premises shall be <br />determine by Pay Tel in consultation with the Sheriff and may be adjusted as necessary. <br />5.3 Pay Tel agrees to provide Services in full compliance with all applicable rules and <br />regulations of the North Carolina Public Utilities Commission and the Federal Communications <br />Commission <br />5.4 All of the Services will be provided by Pay Tel at its expense and Sheriff hereby <br />authorizes Pay Tel to contact the local telephone company in accordance with the attached <br />"Agency Agreement" in order to arrange for removal of existing telephone equipment and the <br />provision of Pay Tel Services. Sheriff will provide space and a dedicated 24-hour 120 volt <br />electrical service line to the equipment in connection with the provision of Services. Pay Tel <br />shall pay all line and other charges imposed by any telephone company with respect to the <br />Services. <br />5.5 Sheriff hereby grants to Pay Tel the exclusive right and authority to contract with a long <br />distance carrier to handle all inmate long distance calls at the Premises. Pay Tel agrees to charge <br />operator assisted rates for inmate phone calls that are equal to or less than the tariffed rates <br />regulated by the North Carolina Public Utilities Commission and the Federal Communications <br />Commission. <br />5.6 Any equipment provided hereunder and all telephones and their enclosures and/or <br />pedestals, and other equipment associated with their operation are agreed by Sheriff to be <br />personal property and not fixtures and it is the express intention of both Sheriff and Pay Tel that <br />such equipment described herein are and shall continue to be personal property of Pay Tel. All <br />equipment installed by Pay Tel at the Premises shall remain the property of Pay Tel. Upon <br />termination of this Agreement for any reason including, without limitation, termination of this <br />Agreement pursuant to § 6.1 hereof, Pay Tel shall have the absolute right to enter upon the <br />Premises at any reasonable time to remove its equipment. Pay Tel shall repair any and all <br />damage to the Premises by reason of removal of Pay Tel's equipment. <br />