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 Phone Michigan of certain telecommunications services provided by GTE in its franchise areas for resale by Phone Michigan, the purchase by Phone Michigan of certain unbundled network elements from GTE, and the terms and conditions of the collocation of certain equipment of Phone Michigan 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 Michigan 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 covered in this Agreement. Phone Michigan agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Phone Michigan by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs. Such tariffs will not supersede or change terms, conditions and prices of this Agreement. However, Phone Michigan may, at its choice, avail itself of the terms of any tariffs filed by GTE that are more favorable than the terms, conditions, and prices of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this agreement. Notwithstanding these commitments, the Parties agree that their entrance into this Agreement is without prejudice to 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 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. Phone Michigan’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.
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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 Phone Michigan QTC of certain telecommunications services provided by GTE in its franchise areas for resale by Phone MichiganQTC, the purchase by Phone Michigan QTC of certain unbundled network elements Unbundled Network Elements from GTE, and the terms and conditions of the collocation of certain equipment of Phone Michigan QTC 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 Michigan Public KentuckyPublic 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. Phone Michigan QTC agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Phone Michigan by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs. Such tariffs will not supersede or change terms, conditions and prices of this Agreement. However, Phone Michigan may, at its choice, avail itself of the terms of any tariffs filed by GTE that are more favorable than the terms, conditions, and prices of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this agreement. Notwithstanding these commitments, the Parties agree that their entrance into this Agreement is without prejudice to 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 covered in 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. Phone Michigan’s execution The services and facilities to be provided to QTC by GTE in satisfaction of this Agreement is not a concession may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or waiver in by Order, including any manner concerning its position that certain of the ratesmodifications 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 contained herein are unlawful, illegal and improperof this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.
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