Common use of Transiting Traffic Clause in Contracts

Transiting Traffic. 7.1 Local EAS traffic which originates on one of the Parties networks and which is passed to the other Party, transits the other Party’s facilities and does not terminate to an End User belonging to that Party, is classified as “Transiting Traffic” under this Agreement and will be subject to the transiting rate compensation as discussed below. Traffic must be considered and recognized as a Local EAS service offering, as described above, by both the originating and terminating companies to be eligible for Local EAS Transit rates. Transiting traffic will include, but not be limited to, traffic originating on a Party’s network which transits the other Party’s facilities and is delivered to a third party such as a Wireless Service Provider (WSP) or another Local Exchange Carrier. 7.2 The “In-Region” Area Transit Traffic rate element applies to Local traffic that originates on one Party’s network, transits the other Party’s facilities (the transiting party) and terminates to a Third Party located within the exchange area of the transiting party. The Parties’ mandatory and optional EAS exchange areas for each calling scope are listed in their respective tariffs. 7.3 The Market Based (“Out of Region”) Transit Rate applies to local traffic that originates on one Party’s network, transits the other Party’s facilities and terminates to a Third Party that is not located within the exchange area of the Party providing the transiting function. For this rate to apply, both the originating and terminating Parties must agree that the exchange of the traffic will be on a Local EAS basis. Although the Parties acknowledge that direct connections could be used for this traffic, the Parties agree to perform the transiting function for this traffic at the Market Based Transit Rate outlined below:

Transiting Traffic. 7.1 Local EAS traffic which originates on one of the Parties networks and which is passed to the other Party, transits the other Party’s facilities and does not terminate to an End User belonging to that Party, is classified as “Transiting Traffic” under this Agreement and will be subject to the transiting rate compensation as discussed below. Traffic must be considered and recognized as a Local EAS service offering, as described above, by both the originating and terminating companies to be eligible for Local EAS Transit rates. Transiting traffic will include, but not be limited to, traffic originating on a Party’s network which transits the other PartyP arty’s facilities and is delivered to a third party such as a Wireless Service Provider (WSP) or another Local Exchange Carrier. 7.2 The “In-Region” Area Transit Traffic rate element applies to Local traffic that originates on one Party’s network, transits the t he other Party’s facilities (the transiting party) and terminates to a Third Party located within the exchange area of the transiting party. The Parties’ mandatory and optional EAS exchange areas for each calling scope are listed in their respective tariffstarif fs. 7.3 The Market Based (“Out of Region”) Region Transit Rate applies to local traffic that originates on one Party’s network, transits the other Party’s facilities and terminates to a Third Party that is not located within the exchange area of the Party providing the transiting function. For this rate to apply, both the originating and terminating Parties must agree that the exchange of the traffic will be on a Local EAS basis. Although the Parties acknowledge that direct connections could be used for this traffic, the Parties agree to perform the transiting function for this traffic at the Market Based Out of Region Transit Rate outlined below:

Transiting Traffic. 7.1 Local EAS traffic which originates on one of the Parties networks and which is passed to the other Party, transits the other Party’s facilities and does not terminate to an End User belonging to that Party, is classified as “Transiting Traffic” under this Agreement and will be subject to the transiting rate compensation as discussed below. Traffic must be considered and recognized as a Local EAS service offering, as described above, by both the originating and terminating companies to be eligible for Local EAS Transit rates. Transiting traffic will include, but not be limited to, traffic originating on a Party’s network which transits the other Party’s facilities and is delivered to a third party such as a Wireless Service Provider (WSP) or another Local Exchange Carrier. 7.2 The “In-Region” Area Transit Traffic rate element applies to Local traffic that originates on one Party’s network, transits the other Party’s facilities (the transiting party) and terminates to a Third Party located within the exchange area of the transiting party. The Parties’ mandatory and optional EAS exchange areas for each calling scope are listed in their respective tariffs. 7.3 The Market Based (“Out of Region”) Region Transit Rate applies to local traffic that originates on one Party’s network, transits the other Party’s facilities and terminates to a Third Party that is not located within the exchange area of the Party providing the transiting function. For this rate to apply, both the originating and terminating Parties must agree that the exchange of the traffic will be on a Local EAS basis. Although the Parties acknowledge that direct connections could be used for this traffic, the Parties agree to perform the transiting function for this traffic at the Market Based Out of Region Transit Rate outlined below: