Common use of SCOPE AND INTENT OF AGREEMENT Clause in Contracts

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by NEWSOUTH of certain telecommunications services provided by GTE in its franchise areas for resale by NEWSOUTH, the purchase by NEWSOUTH of certain Unbundled Network Elements from GTE, and the terms and conditions of the collocation of certain equipment of NEWSOUTH in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. NEWSOUTH agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improper. The services and facilities to be provided to NEWSOUTH by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, and to the extent required by the Act and other applicable provisions of federal and state law, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs governs, as allowed under the Act, the purchase by NEWSOUTH CD of certain telecommunications services provided by GTE Spectra in its franchise areas in the State for resale by NEWSOUTHCD, and the purchase by NEWSOUTH CD of certain Unbundled Network Elements from GTESpectra, and the terms and conditions of the collocation of certain equipment of NEWSOUTH CD’s in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the PartiesSpectra. This Agreement will be submitted to the Kentucky Missouri Public Service Commission Commission, (the "Commission") for approvalapproval pursuant to the Act and Applicable Law. The Parties agree that their entrance entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTESpectra’s cost recovery covered in this Agreement. NEWSOUTH CD agrees to negotiate where appropriate reciprocal terms and conditions with GTE Spectra based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improper. The Some services and facilities to be provided to NEWSOUTH CD by GTE Spectra in satisfaction of connection with this Agreement may be provided pursuant to GTE Spectra tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement. This provision is provided soley for purposes of clarification, and will have no effect on CD’s right or ability to purchase services and facilities from a Spectra tariff. If a service and rate are specifically set forth in the terms of this Agreement, and there exists a conflict between that service and rate set forth in this Agreement, and a service and rate set forth in a Spectra tariff, the terms of this Agreement shall prevail unless CD elects to purchase such service or facility from the Spectra tariff.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by NEWSOUTH US Dial Tone of certain telecommunications services provided by GTE in its franchise areas for resale by NEWSOUTHUS Dial Tone, the purchase by NEWSOUTH US Dial Tone of certain Unbundled Network Elements from GTE, and the terms and conditions of the collocation of certain equipment of NEWSOUTH US Dial Tone in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Illinois Commerce Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. NEWSOUTH US ▇▇▇▇ ▇▇▇▇ agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improper. The services and facilities to be provided to NEWSOUTH US Dial Tone by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, and to the extent required by the Act and other applicable provisions of federal and state law, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs governs, as allowed under the Act, the purchase by NEWSOUTH CD of certain telecommunications services provided by GTE CenturyTel in its franchise areas in the State for resale by NEWSOUTHCD, and the purchase by NEWSOUTH CD of certain Unbundled Network Elements from GTECenturyTel, and the terms and conditions of the collocation of certain equipment of NEWSOUTH CD’s in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the PartiesCenturyTel. This Agreement will be submitted to the Kentucky Missouri Public Service Commission Commission, (the "Commission") for approvalapproval pursuant to the Act and Applicable Law. The Parties agree that their entrance entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTECenturyTel’s cost recovery covered in this Agreement. NEWSOUTH CD agrees to negotiate where appropriate reciprocal terms and conditions with GTE CenturyTel based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improper. The Some services and facilities to be provided to NEWSOUTH CD by GTE CenturyTel in satisfaction of connection with this Agreement may be provided pursuant to GTE CenturyTel tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement. This provision is provided soley for purposes of clarification, and will have no effect on CD’s right or ability to purchase services and facilities from a CenturyTel tariff. If a service and rate are specifically set forth in the terms of this Agreement, and there exists a conflict between that service and rate set forth in this Agreement, and a service and rate set forth in a CenturyTel tariff, the terms of this Agreement shall prevail unless CD elects to purchase such service or facility from the CenturyTel tariff.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-end user customers, and reciprocal access to their poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by NEWSOUTH Hyperion of certain telecommunications services provided by GTE in its franchise areas for resale by NEWSOUTHHyperion, the purchase by NEWSOUTH Hyperion of certain Unbundled Network Elements unbundled network elements from GTE, and the terms and conditions of the collocation of certain equipment of NEWSOUTH Hyperion in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "“Commission"”) for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. NEWSOUTH agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain of the rates, terms and conditions contained herein are unlawful, illegal and improper. The services and facilities to be provided to NEWSOUTH Hyperion by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by GTE file a tariff which becomes effective reflecting a Commission order or by Orderdirective, including any modifications resulting from other Commission proceedingsjudicial review, federal court review or other judicial actiongovernmental action instituting rates, terms or conditions, which if applied to the scope of this Agreement would modify a provision of this Agreement in one or more material respects, then the order or tariff shall modify this Agreement as of the effective date of the order or tariff, and unless otherwise specified herein, the parties will work together in good faith to incorporate such modifications will be deemed to automatically supersede any rates and in the rates, terms and conditions of this Agreement. The Parties Notwithstanding any provision in this Agreement, GTE’s right to develop and to price retail services in its sole and exclusive discretion (including the filing of tariffs associated with retail services) shall cooperate with one another for the purpose be unrestricted by this Agreement. GTE and Hyperion shall use their best efforts to obtain approval of incorporating required modifications into this contract by any regulatory body having jurisdiction over this Agreement.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by NEWSOUTH Empire of certain telecommunications services provided by GTE Verizon in its franchise areas for resale by NEWSOUTHEmpire, the purchase by NEWSOUTH Empire of certain Unbundled Network Elements from GTEVerizon, and the terms and conditions of the collocation of certain equipment of NEWSOUTH Empire in the premises of GTEVerizon. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including without limitation matters related to the same types of arrangements and/or matters related to GTEVerizon’s cost recovery covered in this Agreement. NEWSOUTH Empire agrees to negotiate reciprocal terms and conditions with GTE Verizon based on this AgreementAgreement to the extent required by the Act. GTENeither Party’s execution of this Agreement is not to be deemed a concession or waiver in any manner concerning its of any issue related to or arising from this Agreement, including without limitation, Verizon’s position that certain rates, terms and conditions contained herein are unlawful, illegal and improper. The Some of the services and facilities to be provided to NEWSOUTH Empire by GTE in satisfaction of Verizon under this Agreement may be provided provided, in whole or part, pursuant to GTE existing Verizon tariffs and then current practices(“Tariffed Services”). Should such services and facilities be modified by tariff or by OrderSubsequent to the Effective Date of this Agreement, including any modifications resulting from other Commission proceedings, federal court review or other judicial actionVerizon shall have the right to modify the portions of its existing tariffs that apply to Tariffed Services, and unless otherwise specified hereinupon written notice to Empire, such modifications will be deemed shall automatically apply to automatically supersede any rates and terms and conditions of this Agreementthe Tariffed Services. The Parties shall cooperate with one another for the purpose of incorporating required such modifications into this Agreement to the extent reasonably necessary or appropriate. Notwithstanding the foregoing, except as otherwise specifically provided in this Article I: (a) unless otherwise ordered by the Commission pursuant to Applicable Law and not at the request of either Party, Verizon shall not have the right to file tariffs for services and facilities that supersede the terms and conditions of this Agreement if the services and/or facilities were not previously provided to Empire pursuant to tariff hereunder; and (b) the Parties shall have the right to modify the terms of the Verizon tariffs applicable to Tariffed Services provided under this Agreement, as reasonably necessary or appropriate to fulfill their obligations under the Act or applicable rules and regulations in connection with the implementation of this Agreement. This section shall apply only to Empire and shall not be construed as applying to any non-parties. In the event of any conflict between any Verizon tariff and the rates, terms and conditions of this Agreement, this Agreement shall control.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, and to the extent required by the Act and other applicable provisions of federal and state law, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs governs, as allowed under the Act, the purchase by NEWSOUTH CD of certain telecommunications services provided by GTE CenturyTel in its franchise areas in the State for resale by NEWSOUTHCD, and the purchase by NEWSOUTH CD of certain Unbundled Network Elements from GTECenturyTel, and the terms and conditions of the collocation of certain equipment of NEWSOUTH CD’s in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the PartiesCenturyTel. This Agreement will be submitted to the Kentucky Missouri Public Service Commission Commission, (the "Commission") for approvalapproval pursuant to the Act and Applicable Law. The Parties agree that their entrance entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTECenturyTel’s cost recovery covered in this Agreement. NEWSOUTH CD agrees to negotiate reciprocal terms and conditions with GTE CenturyTel based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improper. The Some services and facilities to be provided to NEWSOUTH CD by GTE CenturyTel in satisfaction of connection with this Agreement may be provided pursuant to GTE CenturyTel tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement. This provision is provided soley for purposes of clarification, and will have no effect on CD’s right or ability to purchase services and facilities from a CenturyTel tariff. If a service and rate are specifically set forth in the terms of this Agreement, and there exists a conflict between that service and rate set forth in this Agreement, and a service and rate set forth in a CenturyTel tariff, the terms of this Agreement shall prevail unless CD elects to purchase such service or facility from the CenturyTel tariff. .

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, and to the extent required by the Act, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by NEWSOUTH Bayland of certain telecommunications services provided by GTE CenturyTel in its franchise areas for resale by NEWSOUTHBayland, the purchase by NEWSOUTH Bayland of certain Unbundled Network Elements from GTECenturyTel, and the terms and conditions of the collocation of certain equipment of NEWSOUTH Bayland in the premises of GTECenturyTel. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission of Wisconsin (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTECenturyTel’s cost recovery covered in this Agreement. NEWSOUTH Bayland agrees to negotiate reciprocal terms and conditions with GTE CenturyTel based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improperto the extent required by the Act. The services and facilities to be provided to NEWSOUTH Bayland by GTE CenturyTel in satisfaction of this Agreement may be provided pursuant to GTE CenturyTel tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement. If a service and rate are specifically set forth in the terms of this agreement, and there exists a conflict between that service and rate set forth in this agreement, and a service and rate set forth in a CenturyTel tariff, the terms of this Agreement shall prevail.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, and to the extent required by the Act, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by NEWSOUTH Lakeland of certain telecommunications services provided by GTE Tel USA in its franchise areas for resale by NEWSOUTHLakeland, the purchase by NEWSOUTH Lakeland of certain Unbundled Network Elements from GTETel USA, and the terms and conditions of the collocation of certain equipment of NEWSOUTH Lakeland in the premises of GTETel USA. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission of Wisconsin (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTETel USA’s cost recovery covered in this Agreement. NEWSOUTH Lakeland agrees to negotiate reciprocal terms and conditions with GTE Tel USA based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improperto the extent required by the Act. The services and facilities to be provided to NEWSOUTH Lakeland by GTE Tel USA in satisfaction of this Agreement may be provided pursuant to GTE Tel USA tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement. If a service and rate are specifically set forth in the terms of this agreement, and there exists a conflict between that service and rate set forth in this agreement, and a service and rate set forth in a Tel USA tariff, the terms of this Agreement shall prevail.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by NEWSOUTH US Dial Tone of certain telecommunications services provided by GTE in its franchise areas for resale by NEWSOUTHUS Dial Tone, the purchase by NEWSOUTH US Dial Tone of certain Unbundled Network Elements from GTE, and the terms and conditions of the collocation of certain equipment of NEWSOUTH US Dial Tone in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. NEWSOUTH US Dial Tone agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. GTE’s execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improper. The services and facilities to be provided to NEWSOUTH US Dial Tone by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers, networks and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by NEWSOUTH ▇▇▇ of certain telecommunications services provided by GTE in its franchise those service areas where GTE is the "incumbent local exchange carrier" in accordance with Section 251(h) of the Act for resale by NEWSOUTH▇▇▇, the purchase by NEWSOUTH ▇▇▇ of certain Unbundled Network Elements unbundled network elements from GTE, and the terms and conditions of the collocation of certain equipment of NEWSOUTH ▇▇▇ in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Oregon Public Service Utility Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s 's cost recovery covered in this Agreement. NEWSOUTH ▇▇▇ agrees to negotiate reciprocal nondiscriminatory terms and conditions with GTE based on this Agreementfor the provision of services and facilities to GTE. GTE’s 's execution of this Agreement is not a concession or waiver in any manner concerning its position that certain of the rates, terms and conditions contained herein are unlawful, illegal and improper. The services and facilities to be provided to NEWSOUTH ▇▇▇ by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other final judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to ▇▇▇ before such a tariff becomes effective, and ▇▇▇ may provide input on such proposed tariff. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreementagreement.