Common use of Compensation for Transit Traffic Clause in Contracts

Compensation for Transit Traffic. 4.1 Transit traffic is Local Traffic exchanged between the Parties that originates or terminates on the network of another telecommunication service provider (the “Non-Party Provider”), where one of the Parties or the Non-Party Provider performs a local tandem function to complete the traffic between the others. Telecommunications Traffic to or from TWCIS (KY) under its wholesale business arrangement is not considered transit traffic under this Agreement. When the transit function is performed by one of the Party’s the following shall be applicable: 4.1.1 Prior to either Party providing transit traffic services to the other, the Party requesting transit service must provide notice to the other Party. 4.1.2 Each Party represents that it will not send Local Traffic to the other Party that is destined for the network of a Non-Party Provider unless and until such Party has made reasonable efforts to obtain the authority to exchange traffic with the Non-Party Provider. In the event one Party originates traffic that transits the second Party’s network to reach a third party Telecommunications Carrier with whom the originating Party does not have traffic exchange agreement, then the originating Party will indemnify, defend and hold harmless the second Party against any and all charges levied by such third party Telecommunicaitons Carrier. 4.1.3 The Party originating traffic will compensate the other Party a Local Transit Traffic rate element of $.003 per Minute Of Usage (MOU). 4.2 All traffic, other than Local Traffic, that transits a tandem will be classified and treated as Meet- Point Billing Traffic, unless otherwise agreed in writing between the Parties.

Compensation for Transit Traffic. 4.1 Transit traffic is Local Traffic exchanged between the Parties that originates or terminates on the network of another telecommunication service provider (the “Non-Party Provider”), where one of the Parties or the Non-Party Provider performs a local tandem function to complete the traffic between the others. Telecommunications Traffic to or from TWCIS (KY) Comcast under its wholesale business arrangement is not considered transit traffic under this Agreement. When the transit function is performed by one of the Party’s the following shall be applicable: 4.1.1 Prior to either Party providing transit traffic services to the other, the Party requesting transit service must provide notice to the other Party. 4.1.2 Each Party represents that it will not send its originated Local Traffic to the other Party that is destined for the network of a Non-Party Provider unless and until such the originating Party has made reasonable efforts to obtain the authority to exchange traffic with the Non-Non- Party Provider. In the event one Party originates traffic that transits the second other Party’s network to reach a third party Telecommunications Carrier Non-Party Provider with whom the originating Party does not have traffic exchange agreement, then the originating Party will indemnify, defend and hold harmless the second transiting Party against any and all reasonable charges levied by such third party Telecommunicaitons Carrierthe Non- Party Provider for termination of the originating Party’s traffic. 4.1.3 The Party originating traffic will compensate the other Party a Local at the Transit Traffic rate element of $.003 per Minute Of Usage (MOU)MOU Rate listed in Appendix B: Price List. 4.2 All traffic, other than Local Traffic, that transits a tandem will be classified and treated as Meet- Point Billing Traffic, unless otherwise agreed in writing between the Parties.

Compensation for Transit Traffic. 4.1 Transit traffic is Local Traffic exchanged between the Parties that originates or terminates on the network of another telecommunication service provider (the “Non-Party Provider”), where one of the Parties or the Non-Party Provider performs a local tandem function to complete the traffic between the others. Telecommunications Traffic to or from TWCIS (KY) Peerless under its wholesale business arrangement is not considered transit traffic under this Agreement. When the transit function is performed by one of the Party’s the following shall be applicable: 4.1.1 Prior to either Party providing transit traffic services to the other, the Party requesting transit service must provide notice to the other Party. 4.1.2 Each Party represents that it will not send Local Traffic to the other Party that is destined for the network of a Non-Party Provider unless and until such Party has made reasonable efforts to obtain the authority to exchange traffic with the Non-Party Provider. In the event one Party originates traffic that transits the second Party’s network to reach a third party Telecommunications Carrier with whom the originating Party does not have traffic exchange agreement, then the originating Party will indemnify, defend and hold harmless the second Party against any and all charges levied by such third party Telecommunicaitons Carrier. 4.1.3 The Party originating traffic will compensate the other Party a Local Transit Traffic rate element of $.003 .0045 per Minute Of Usage (MOU). 4.2 All traffic, other than Local Traffic, that transits a tandem will be classified and treated as Meet- Meet-Point Billing Traffic, unless otherwise agreed in writing between the Parties.