Common use of Miscellaneous Notes Clause in Contracts

Miscellaneous Notes. 1. In the event a Party desires to deliver Local Traffic to a LSWC (i) that is not located within 25 miles of the Tandem Office to which it is subtended, or (ii) where the Tandem Office that it subtends is not located within 25 miles of the Tandem Office that is subtended by the terminating End Office, or (iii) that is not located within 25 miles of the Tandem Office that is subtended by the terminating End Office, then such Party shall (x) in addition to paying the LSWC/Access Tandem termination rate described above, purchase the necessary facilities from the terminating Party to transport such Traffic to a qualifying LSWC or Access Tandem that is not subject to any of conditions (i), (ii), or (iii) above, (y) purchase such other service(s) as the terminating Party may offer under applicable tariff to remedy such condition(s), or (z) enter into a new compensation arrangement as the Parties may agree. Notwithstanding the foregoing, nothing in this Agreement shall obligate BA to provide switching services at a LSWC when it functions as such. 2. In the event the two-tiered rate structure described above is modified pursuant to Applicable Law to a single rate structure, BA and ETC (to the extent ETC is offering a multiple-tiered interconnection structure) shall each have the right to apply its tariffed switched access transport charges for transporting Local Traffic it receives at its LSWC to the first point of switching in its network in the LATA. 3. The ETC termination rate under the single-tiered interconnection structure set forth above is intended by the Parties to be a Local Traffic termination rate for Interconnection to the ETC-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to ETC under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single ETC termination rate is also intended to provide financial incentives to ETC to deliver traffic directly to BA’s terminating End Offices once ETC’s traffic volumes reach an appropriate threshold. The Parties agree that the Reciprocal Compensation rate(s) set forth herein recover a reasonable approximation of each Party’s additional costs of terminating calls that originate on the network facilities of the other Party.

Miscellaneous Notes. 1. In the event a Party desires to deliver Local Traffic to a LSWC (i) that is not located within 25 miles of the Tandem Office to which that it is subtendedsubtends, or (ii) where the Tandem Office that it subtends is not located within 25 miles of the Tandem Office that is subtended by the terminating End Office, or (iii) that is not located within 25 miles of the Tandem Office that is subtended by the terminating End Office, then such the Party shall (x) in addition to paying the LSWC/Access Tandem termination rate described above, purchase the necessary facilities from the terminating Party to transport such Traffic to a qualifying LSWC or Access Tandem that is not subject to any of conditions (i), (ii), or (iii) above, (y) purchase such other service(s) as the terminating Party may offer under applicable tariff to remedy such condition(s), or (z) enter into a new compensation arrangement as the Parties may agree. Notwithstanding the foregoing, nothing in this Agreement shall obligate BA to provide switching services at a LSWC when it functions as such. 2. In the event the two-tiered rate structure described above is modified pursuant to Applicable Law to a single rate structure, BA and ETC (to the extent ETC is offering a multiple-tiered interconnection structure) shall each have the right to apply its tariffed switched access transport charges for transporting Local Traffic it receives at its LSWC to the first point of switching in its network in the LATA. 3. The ETC ACI termination rate under the single-tiered interconnection structure set forth above is intended by the Parties to be a Local Traffic termination rate for Interconnection to the ETCACI-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to ETC ACI under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single ETC ACI termination rate is also intended to provide financial incentives to ETC ACI to deliver traffic directly to BA’s 's terminating End Offices once ETC’s ACI's traffic volumes reach an appropriate threshold. Exhibit B BONA FIDE REQUEST PROCESS FOR FURTHER UNBUNDLING 1. The Parties agree recognize that, because ACI plans to maintain a technologically advanced network, it is likely to seek further unbundling of Network Elements or the introduction of new Network Elements. Accordingly, ACI may request such new unbundled Network Elements or arrangements from time to time by submitting a request in writing ("Bona Fide Request" or "BFR"). ▇▇▇▇ Atlantic shall promptly consider and analyze ACI's submission of a Bona Fide Request that ▇▇▇▇ Atlantic provide: (a) a method of Interconnection or access to a Network Element not otherwise provided under this Agreement at the Reciprocal Compensation rate(stime of such Bona Fide Request; (b) a method of Interconnection or access to a Network Element that is different in quality to that which ▇▇▇▇ Atlantic provides to itself, its Affiliates, or its subscribers at the time of such request; (c) Collocation at a location other than a ▇▇▇▇ Atlantic Central Office; and (d) such other arrangement, service, or Network Element for which a Bona Fide Request is required under this Agreement. Items (a) through (d) above may be referred to individually as a "BFR Item." The Bona Fide Request process set forth herein recover a reasonable approximation does not apply to those services requested pursuant to Report & Order and Notice of each Party’s additional costs of terminating calls that originate on the network facilities of the other PartyProposed Rulemaking 91-141 (rel. October 19, 1992), Paragraph 259 and Footnote 603 or subsequent orders.

Miscellaneous Notes. 1. In the event a Party desires to deliver Local Traffic to a LSWC (i) that is not located within 25 miles of the Tandem Office to which it is subtended, or (ii) where the Tandem Office that it subtends is not located within 25 miles of the Tandem Office that is subtended by the terminating End Office, or (iii) that is not located within 25 miles of the Tandem Office that is subtended by the terminating End Office, then such Party shall (x) in addition to paying the LSWC/Access Tandem termination rate described above, purchase the necessary facilities from the terminating Party to transport such Traffic to a qualifying LSWC or Access Tandem that is not subject to any of conditions (i), (ii), or (iii) above, (y) purchase such other service(s) as the terminating Party may offer under applicable tariff to remedy such condition(s), or (z) enter into a new compensation arrangement as the Parties may agree. Notwithstanding the foregoing, nothing in this Agreement shall obligate BA to provide switching services at a LSWC when it functions as such. 2. In the event the two-tiered rate structure described above is modified pursuant to Applicable Law to a single rate structure, BA and ETC Commonwealth (to the extent ETC Commonwealth is offering a multiple-tiered interconnection structure) shall each have the right to apply its tariffed switched access transport charges for transporting Local Traffic it receives at its LSWC to the first point of switching in its network in the LATA. 3. The ETC Commonwealth termination rate under the single-tiered interconnection structure set forth above is intended by the Parties to be a Local Traffic termination rate for Interconnection to the ETCC-IP within each LATA that is reciprocal and equal to the actual rates that will be charged by BA to ETC Commonwealth under the two-tiered Local Traffic termination rate structure described above that will apply after the first anniversary of the Effective Date. The single ETC Commonwealth termination rate is also intended to provide financial incentives to ETC Commonwealth to deliver traffic directly to BA’s terminating End Offices once ETCCommonwealth’s traffic volumes reach an appropriate threshold. The Parties agree that the Reciprocal Compensation rate(s) set forth herein recover a reasonable approximation of each Party’s additional costs of terminating calls that originate on the network facilities of the other Party.