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 Tallgrass of certain telecommunications services provided by GTE in its franchise areas for resale by Tallgrass, the purchase by Tallgrass of certain unbundled network elements from GTE, and the terms and conditions of the collocation of certain equipment of Tallgrass 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 Wisconsin 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. 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. Tallgrass agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Tallgrass 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, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to Tallgrass before such a tariff becomes effective. 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 end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by Tallgrass TOUCHTONE of certain telecommunications services provided by GTE in its franchise areas for resale by TallgrassTOUCHTONE, the purchase by Tallgrass TOUCHTONE of certain unbundled network elements Unbundled Network Elements from GTE, and the terms and conditions of the collocation of certain equipment of Tallgrass TOUCHTONE 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 Wisconsin 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 ’s cost recovery covered in this Agreement. TOUCHTONE agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. 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. Tallgrass agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Tallgrass TOUCHTONE 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 specifiedspecified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to Tallgrass before such a tariff becomes effective. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this agreementAgreement.

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 connection and the exchange of traffic Local Traffic between their respective end end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by Tallgrass of certain telecommunications services provided by GTE in its franchise areas for resale by Tallgrass, the purchase by Tallgrass of certain unbundled network elements from GTE, and the terms and conditions of the collocation of certain equipment of Tallgrass 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 Wisconsin 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 either Party’s cost recovery covered in 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. Tallgrass agrees The Parties agree to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Tallgrass DAYSTARR 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 an effective Order, including any modifications resulting from other effective Commission proceedings, federal court review or other judicial action, and unless otherwise specifiedspecified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to Tallgrass before such a tariff becomes effective. The the Parties shall cooperate with one another for the purpose of incorporating required modifications into this agreementAgreement pursuant to Section 42 of this Article. CenturyTel represents and warrants that it is a “rural telephone company” as that term is defined in the Act, 47 U.S.C. 153. Pursuant to Section 251 (f)(1) of the Act, CenturyTel is exempt from Section 251 (c) of the Act. Notwithstanding such exemption, CenturyTel has entered into and accepted this Agreement for purposes of exchanging local traffic, as defined in Article IV, Section 3 herein, with CLEC. CenturyTel’s execution of the Agreement does not in any way constitute a waiver or limitation of CenturyTel’s rights under Section 251 (f)(1) or 251 (f)(2) of the Act. Accordingly, CenturyTel expressly reserves the right to assert its right to an exemption or waiver and modification of Section 251 (c) of the Act, in response to other requests for interconnection by CLEC or any other carrier.

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements arrangements, as provided in this Agreement, to one another within each area in which they both operate within the State for purposes of interconnection connection and the exchange of traffic Local Traffic ( as defined in Appendix C) between their respective end end-user customers, and reciprocal access to poles, ducts, conduits and rights-of-way. This Agreement also governs the purchase by Tallgrass of certain telecommunications services provided by GTE in its franchise areas for resale by Tallgrass, the purchase by Tallgrass of certain unbundled network elements from GTE, and the terms and conditions of the collocation of certain equipment of Tallgrass 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 Wisconsin Public Service Commission (the "Commission") for approval. The Parties agree that their entrance by entering into this Agreement is without prejudice to and does not waive neither Party waives 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. 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. Tallgrass agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Tallgrass by GTE in satisfaction of this Agreement may be provided pursuant to GTE the Parties’ tariffs and then current practices. Modifications to the services and facilities made by tariff approved by the Commission or FCC shall automatically supersede the any rates and terms and conditions of this Agreement in situations where it is intended by the Parties under this Agreement that a tariff govern such rates or terms and conditions. Should such services and facilities be modified by tariff Commission or by OrderFCC order, including or any modifications resulting from other Commission or FCC proceedings, federal or state court review order or other judicial actionaction (collectively “Modification Action”), and unless otherwise specifiedspecified herein or mandated by such Modification Action, such modifications will be deemed to not automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to Tallgrass before such a tariff becomes effective. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this agreementAgreement. CenturyTel represents and warrants that it is a “rural telephone company” as that term is defined in the Act, 47 U.S.C. 153. Pursuant to Section 251 (f)(1) of the Act, CenturyTel is exempt from Section 251 (c) of the Act. Notwithstanding such exemption, CenturyTel has entered into and accepted this Agreement for purposes of exchanging local traffic, including traffic originating on Time Warner’s facilities within CenturyTel’s serving area, as defined in Article IV, Section 3 herein, with CLEC. CenturyTel’s execution of the Agreement does not in any way constitute a waiver or limitation of CenturyTel’s rights under Section 251 (f)(1) or 251 (f)(2) of the Act. Accordingly, CenturyTel expressly reserves the right to assert its right to an exemption or waiver and modification of Section 251 (c) of the Act, in response to other requests for interconnection by CLEC or any other carrier.