1. (a) This application is not complete until all the necessary maps have been submitted for the counties listed above in accordance with the mapping requirements set forth in the Policies and Procedures Manual. If more than one dispatch office is to be served, be sure to designate the dispatch office to be notified for each service area. (b) This application is not complete until all the necessary contacts are indicated. Furthermore, it is the member's responsibility to keep the contact information updated as changes are made at member' s location.
2. Upon acceptance of this application by Arkansas 811, Member agrees to comply with and be bound by all terms of Arkansas 811’s Policies and Procedures Manual and Arkansas 811’s by-laws, both of which are incorporated by reference herein, both in their current form and as they may be amended or revised.
3. It is especially understood and agreed that the function of Arkansas 811 is limited to the receipt and transmittal of information with respect to (1) planned or proposed construction or excavation work that might affect a member's, and only a member's underground facilities as on file with Arkansas 811. Arkansas 811 shall not receive or transmit any other type of information, specifically including, but not limited to, (a) information pertaining to a member's underground facilities not on file with Arkansas 811; and (b) information pertaining to a non-member 's underground facilities.
4. (a) Arkansas 811 and its directors, officers, employees, agents, and/or contractors shall not be liable to any member as a result of any action or failure to act by Arkansas 811 (or its directors, officers, employees, agents, and/or contractors), whether negligent or otherwise, in carrying out any of the provisions of this
agreement or in establishing and operation the Call Center. (b) The provision of paragraph 4 (a) shall survive
any expiration or termination of this agreement.
5. (a) This agreement shall be construed in accordance with and governed by the laws of the State of Arkansas.
(b) In the event that any provision of this Agreement, or the application of any such provision to any party or circumstance, shall be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. (c) Any waiver at any time by any partner here to with respect to any matter arising in connection with this Agreement shall not be considered a waiver with respect to any subsequent default or matter. (d) Any amendment of this Agreement shall be in writing and approved by the Board of Directors of Arkansas 811. (e) Termination of this Agreement shall be governed by the Policies and Procedures Manual. (f) This Agreement shall become effective on the date executed by Arkansas 811.