Local Access Services. 5.1 Unless the parties otherwise agree pursuant to Section 5.3 below, Seller shall obtain "Local Access Services" for Customer, which are defined as the telecommunications facilities connecting a Customer-designated termination point to a Seller Point of Presence ("POP"). Customer shall execute a Letter of Agency, on such form as provided by Seller, authorizing Seller to interact directly with the Local Access provider(s) to obtain the Local Access Services. Customer shall request all Local Access Services in writing to Seller. Customer shall be responsible for all charges, including without limitation, monthly charges, usage charges, installation charges, non-recurring charges, or applicable termination/cancellation liabilities, of the Local Access provider(s). 5.2 In obtaining Local Access Services, Seller shall be responsible for provisioning and the initial testing of an interconnection between the interexchange Service set forth in a Service Order and the Local Access Services. Seller will coordinate the installation of the Local Access Services with the interexchange Service being provided by Seller. Charges to Customer for Local Access Service administered by Seller on behalf of Customer shall be billed to Customer at the tariff rate of the Local Access service provider. If the tariff rate for Local Access Services is changed by the Local Access service provider, such changes will be passed through to Customer. 5.3 Customer may, upon Seller's prior written approval, order its own Local Access Services. In such event, Customer shall be billed directly by the provider of such services and Seller shall not be responsible for billing any such charges. If Customer orders its own Local Access Services, Customer shall be responsible for ensuring that such services are turned up at the same time as the Network Services being provided by Seller. In the event the Customer-ordered Local Access Services are not ready at such time as the Network Services being provided by Seller, Seller shall nevertheless have the right to begin billing for such Network Services as of the Actual Start Date and Customer shall be liable for payment for such Network Services as of such date.
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Local Access Services. 5.1 (a) Unless the parties otherwise agree pursuant to Section 5.3 8.3 below, Seller if Purchaser so requests, Grantor shall obtain "Local Access Services" for CustomerPurchaser, which are defined as the telecommunications facilities connecting a CustomerPurchaser-designated termination point to a Seller Grantor Point of Presence ("POP"). Customer Purchaser shall execute a Letter of Agency, on such form as provided by SellerGrantor, authorizing Seller Grantor to interact directly with the Local Access provider(s) to obtain the Local Access Services. Customer Purchaser shall request all Local Access Services in writing to SellerGrantor. Customer Purchaser shall be responsible for all charges, including without limitation, monthly charges, usage charges, installation charges, non-recurring charges, or applicable termination/cancellation liabilities, of the Local Access provider(s). Terms and conditions of Local Access Service are those of the Local Access Provider.
5.2 (b) In obtaining Local Access ServicesServices requested by Purchaser, Seller Grantor shall be responsible for provisioning and the initial testing of an interconnection between the interexchange Service set forth in a Service Order and the Local Access Services. Seller Grantor will coordinate the installation of the Local Access Services with the interexchange Service being provided by SellerGrantor. Charges to Customer Purchaser for Local Access Service administered by Seller Grantor on behalf of Customer Purchaser shall be billed to Customer Purchaser at the tariff rate of the Local Access service providerprovider which is charged to Grantor. If the tariff rate for Local Access Services which is charged to Grantor is changed by the Local Access service provider, such changes will be passed through to CustomerPurchaser. Local Access service provider invoices will be made available to Purchaser upon request.
5.3 Customer (c) Purchaser may, upon SellerGrantor's prior written approvalapproval through the Service Order acceptance process, order its own Local Access Services. In such event, Customer Purchaser shall be billed directly by the provider of such services and Seller Grantor shall not be responsible for billing any such charges. If Customer Purchaser orders its own Local Access Services, Customer Purchaser shall be responsible for ensuring that such services are turned up at the same time as the Network any related Services being provided by SellerGrantor. In the event the CustomerPurchaser-ordered Local Access Services are not ready at such time as the Network Services being provided by SellerGrantor, Seller Grantor shall nevertheless have the right to begin billing for such Network Agreement Services as of the Actual Start Date and Customer Purchaser shall be liable for payment for such Network Agreement Services as of such date.
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Sources: Capacity Purchase Agreement (Nettel Communications Inc)