Common use of Where available Clause in Contracts

Where available. SBC-13STATE will afford CLEC’s End Users the ability to make 911 calls. In the areas served by SBC-8STATE, CLEC shall be responsible for collecting and remitting all applicable 911 fees and surcharges on a per line basis to the appropriate Public Safety Answering Point (PSAP) or other governmental authority responsible for collection of such fees and surcharges. When requested by SBC- 13STATE, CLEC shall provide SBC-13STATE with accurate and complete information regarding CLEC’s End User(s) in a format and time frame prescribed by SBC-13STATE for purposes of E911 administration. In the areas served by SBC MIDWEST REGION 5-STATE, any 911 fees or surcharges associated with Resale accounts shall be included by SBC MIDWEST REGION 5-STATE on CLEC’s invoice and CLEC agrees to pay Ameritech all such fees and surcharges. SBC MIDWEST REGION 5-STATE shall then be responsible for submitting or retaining such fees and surcharges in accordance with the approriate 911 cost recovery plan applicable to the local jurisdiction. 4.1.1 Should any CLEC End User assert any Claim that relates to access to 911, the limitations of liability set forth in Appendix 911, which is attached to the General Terms and Conditions of the Agreement to which this Appendix is attached, shall govern all Claims that may be asserted against any Party to this Appendix relating to access to 911, whether such assertion is made by the other Party or any Third Party, and such provisions are incorporated herein for all purposes as though set forth herein.