Common use of Network Harm Clause in Contracts

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that interferes with third parties in the use of their service, prevents third parties from using their service, impairs the quality of service to other carriers or to either Party's Customers; canses electrical hazards to either Party's personnel, damage to either Party's equipment or malfunction of either Party's billing equipment (individually and collectively, "Network Harm"). If a Network Harm will occur, or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever prior notice is not practicable, such Party may temporarily discontinue or refuse service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance or refusal, such Party will: 6.3.1 Promptly notify the other Party of such temporary discontinuance or refusal; 6.3.2 Afford the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal; and 6.3.3 Inform the other Party of its right to bring a complaint to the Commission, FCC, or a court of competent jurisdiction. 10/27/2006 Bluffton - TSLC Interconnection Agreement 1.1 The parties will offer service provider local number portability (LNP) in accordance with the FCC rules and regulations. Service provider portability is the ability of users of Telecommunications services to retain, at the same location, existing Telecommunications numbers without impairment of quality, reliability, or convenience when switching from one Telecommunications carrier to another. Under this arrangement, the new Telecommunications service provider must directly provide telephone exchange service or resell an end user local exchange service through a third party Telecommunications service provider to the end user customer porting the telephone number. In order for a port request to be valid, the end user customer must retain their original number and be served directly by the same type of Telecommunications service subscribed to prior to the port.. Porting to another provider that in turn serves the end user customer does not qualify for service provider portability. 1_2 The parties agree that the industry has established local routing number (LRN) technology as the method by which LNP will be provided in accordance with such rules, regulations and guidelines. As such, the parties agree to provide to each other number portability via LRN.

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that materially interferes with third parties in the use of their service, prevents third parties from using their service, materially impairs the quality of service to other carriers or to either Party's Customers’s customers; canses causes electrical hazards to either Party's ’s personnel, damage to either Party's ’s equipment or malfunction of either Party's ’s billing equipment (individually and collectively, "“Network Harm"”). If a Network Harm will occur, or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, will notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever whenever prior notice is not practicablepracticable due to a Network Harm that is imminent and that would have a material adverse effect on the network of a Party, such Party may temporarily discontinue or refuse service forthwith, if such action is reasonable under the circumstancescircumstances and in compliance with FCC regulations, but only to the extent necessary (i.e., affecting as few End User Customers or facilities as possible for the minimum time period necessary) to address the specific Network Harm. In case of such temporary discontinuance or refusal, such Party will: 6.3.1 7.5.1 Promptly notify the other Party of such temporary discontinuance or refusal; 6.3.2 7.5.2 Afford the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal; and 6.3.3 7.5.3 Inform the other Party of its right to bring a complaint to the Commission, FCC, or a court of competent jurisdiction; and 7.5.4 Restore the discontinued or suspended services immediately upon the elimination or reasonable mitigation of the Network Harm. 10/27/2006 Bluffton 53 of 55 Ancillary Services ANCILLARY SERVICES ATTACHMENT West Carolina - TSLC Interconnection AgreementCharter ICA - Final 4/9/2018 ELECTRONICALLY FILED - 2018 April 25 10:28 AM - SCPSC - Docket # 2018-145-C - Page 54 of 56 ELECTRONICALLY FILED - 2018 April 25 10:28 AM - SCPSC - Docket # 2018-145-C - Page 55 of 56 1. 911/E-911 ARRANGEMENTS 1.1 The parties will offer ILEC utilizes a third-party for the provision of 911/E-911 services. For all 911 services to End User Customers, CLEC is responsible for connecting to the 911 service provider local number portability (LNP) in accordance with and populating the FCC rules 911 database. All relations between the third- party 911 provider and regulations. Service provider portability is the ability CLEC are totally separate from this Agreement and ILEC makes no representations on behalf of users of Telecommunications services to retain, at the same location, existing Telecommunications numbers without impairment of quality, reliability, or convenience when switching from one Telecommunications carrier to another. Under this arrangement, the new Telecommunications service provider must directly provide telephone exchange service or resell an end user local exchange service through a third party Telecommunications service provider to the end user customer porting the telephone number. In order for a port request to be valid, the end user customer must retain their original number and be served directly by the same type of Telecommunications service subscribed to prior to the port.. Porting to another provider that in turn serves the end user customer does not qualify for service provider portability. 1_2 The parties agree that the industry has established local routing number (LRN) technology as the method by which LNP will be provided in accordance with such rules, regulations and guidelines. As such, the parties agree to provide to each other number portability via LRNthird-party.

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that interferes with third parties in the use of their service, prevents third parties from using their service, impairs the quality of service to other carriers or to either Party's ’s End User Customers; canses causes electrical hazards to either Party's party’s personnel, damage to either Party's equipment party’s equipment, or malfunction of either Party's ’s billing equipment (individually and collectively, "“Network Harm"”). If a Network Harm will occur, or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever if prior notice is not practicable, such Party may temporarily discontinue or refuse service forthwith, forthwith if such action is reasonable under the circumstances. In case of such temporary discontinuance or refusal, such Party will: 6.3.1 8.5.1 Promptly notify the other Party of such temporary discontinuance or refusal; 6.3.2 8.5.2 Afford the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal; and 6.3.3 8.5.3 Inform the other Party of its right to bring a complaint to the Commission, FCC, or a court of competent jurisdiction. 10/27/2006 Bluffton - TSLC Interconnection AgreementANCILLARY SERVICES ATTACHMENT 1. 911/E911 ARRANGEMENTS 1.1 The parties ComSouth is the primary 911 Service Provider in the Pulaski County area and has the obligations in this Section. 1.1.1 Call Routing a. ComSouth will offer service provider local switch 911 calls through the Selective Router to the designated primary PSAP or to the designated alternate locations, according to routing criteria specified by the PSAP. b. ComSouth will forward the calling party number portability (LNP“ANI”) it receives from CLEC and the associated 911 Automatic Location Identification (“ALI”) to the PSAP for display. If no ANI is forwarded by CLEC, ComSouth will route the call to the “Default” ESN assigned to CLECs 911 Trunk group and will forward an identification code for display at the designated “Default” PSAP associated with the “Default” ESN. If the ANI is forwarded by CLEC but no ALI record is found in the 911 DBMS, ComSouth will report this “No Records Found” condition to CLEC in accordance with the FCC rules NENA standards. 1.1.2 Facilities and regulations. Service provider portability is the ability of users of Telecommunications services Trunking a. ComSouth will provide transport facilities to retaininterconnect CLEC to ComSouth’s selective router, at the same locationrates found in the appropriate tariff. Additionally, existing Telecommunications numbers without impairment of qualitywhen diverse facilities are requested by CLEC, reliability, or convenience when switching from one Telecommunications carrier to another. Under this arrangement, ComSouth will provide such diversity where technically feasible at the new Telecommunications service provider must directly provide telephone exchange service or resell an end user local exchange service through a third party Telecommunications service provider to rates found in the end user customer porting the telephone number. In order for a port request to be valid, the end user customer must retain their original number and be served directly by the same type of Telecommunications service subscribed to prior to the port.. Porting to another provider that in turn serves the end user customer does not qualify for service provider portability. 1_2 The parties agree that the industry has established local routing number (LRN) technology as the method by which LNP will be provided in accordance with such rules, regulations and guidelines. As such, the parties agree to provide to each other number portability via LRNappropriate access tariff. 1.2 CLEC Responsibilities 1.2.1 Call Routing