Common use of Performance Reporting Clause in Contracts

Performance Reporting. 26.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997) (“the FCC Merger Order”), BA shall provide NorthPoint with the Performance Monitoring Reports applicable to NorthPoint in accordance with the requirements of said FCC Merger Order. 26.2.2 NorthPoint agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint solely for internal performance assessment purposes, for purposes of joint NorthPoint and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s obligations hereunder. NorthPoint shall not otherwise disclose this information to third parties.

Performance Reporting. 26.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997) (“the FCC Merger Order”), BA shall provide NorthPoint Compass with the Performance Monitoring Reports applicable to NorthPoint Compass in accordance with the requirements of said FCC Merger Order. 26.2.2 NorthPoint Compass agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint Compass solely for internal performance assessment purposes, for purposes of joint NorthPoint Compass and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s obligations hereunder. NorthPoint Compass shall not otherwise disclose this information to third parties.

Performance Reporting. 26.2.1 27.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997) (“"the FCC Merger Order”)") to other Telecommunications Carriers purchasing Interconnection from BA, BA shall provide NorthPoint MGC with the Performance Monitoring Reports applicable to NorthPoint MGC in accordance with the requirements of said FCC Merger Order. 26.2.2 NorthPoint 27.2.2 MGC agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint MGC solely for internal performance assessment purposes, for purposes of joint NorthPoint MGC and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s 's obligations hereunder. NorthPoint MGC shall not otherwise disclose this information to third parties.

Performance Reporting. 26.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997) (“the FCC Merger Order”), BA shall provide NorthPoint MFN with the Performance Monitoring Reports applicable to NorthPoint MFN in accordance with the requirements of said FCC Merger Order. 26.2.2 NorthPoint MFN agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint MFN solely for internal performance assessment purposes, for purposes of joint NorthPoint MFN and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s obligations hereunder. NorthPoint MFN shall not otherwise disclose this information to third parties.

Performance Reporting. 26.2.1 27.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ ATLANTIC Corporation and its Subsidiaries, NSD-L-96L- 96-10, Memorandum Opinion and Order (August 14, 1997) (“the FCC Merger Order”)) to other Telecommunications Carriers purchasing Interconnection from BA, BA shall provide NorthPoint DSL with the Performance Monitoring Reports applicable to NorthPoint DSL in accordance with the requirements of said FCC Merger Order. 26.2.2 NorthPoint 27.2.2 DSL agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint DSL solely for internal performance assessment purposes, for purposes of joint NorthPoint DSL and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s obligations hereunder. NorthPoint DSL shall not otherwise disclose this information to third parties.

Performance Reporting. 26.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ BELL ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ BELL ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997) (“the FCC Merger Order”), BA shall provide NorthPoint USWest with the Performance Monitoring Reports applicable to NorthPoint USWest in accordance with the requirements of said FCC Merger Order. 26.2.2 NorthPoint USWest agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint USWest solely for internal performance assessment purposes, for purposes of joint NorthPoint USWest and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s obligations hereunder. NorthPoint USWest shall not otherwise disclose this information to third parties.

Performance Reporting. 26.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ BELL ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ BELL ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997) (“the FCC Merger Order”), BA shall provide NorthPoint MFN with the Performance Monitoring Reports applicable to NorthPoint MFN in accordance with the requirements of said FCC Merger Order. 26.2.2 NorthPoint MFN agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint MFN solely for internal performance assessment purposes, for purposes of joint NorthPoint MFN and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s obligations hereunder. NorthPoint MFN shall not otherwise disclose this information to third parties.

Performance Reporting. 26.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997) (“the FCC Merger Order”), BA shall provide NorthPoint MFN with the Performance Monitoring Reports applicable to NorthPoint MFN in accordance with the requirements of said FCC Merger Order. 26.2.2 NorthPoint MFN agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint MFN solely for internal performance assessment purposes, for purposes of joint NorthPoint MFN and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s obligations hereunder. NorthPoint MFN shall not otherwise disclose this information to third parties.parties.‌‌‌

Performance Reporting. 26.2.1 At such time as BA makes available to other Telecommunications Carriers purchasing Interconnection from BA the Performance Monitoring Reports described by the FCC Order in the Application of ▇▇▇▇ ATLANTIC Corporation, Transferee, For Consent to Transfer Control of ▇▇▇▇ ATLANTIC Corporation and its Subsidiaries, NSD-L-96-10, Memorandum Opinion and Order (August 14, 1997) (“the FCC Merger Order”), BA shall provide NorthPoint Compass with the Performance Monitoring Reports applicable to NorthPoint Compass in accordance with the requirements of said FCC Merger Order.Order.‌ 26.2.2 NorthPoint Compass agrees that the performance information included in the Performance Monitoring Reports is confidential and proprietary to BA, and shall be used by NorthPoint Compass solely for internal performance assessment purposes, for purposes of joint NorthPoint Compass and BA assessments of service performance, and for reporting to the Commission, the FCC, or courts of competent jurisdiction, under cover of an agreed-upon protective order, for the sole purpose of enforcing BA’s obligations hereunder. NorthPoint Compass shall not otherwise disclose this information to third parties.