Common use of ACCEPTANCE TESTING AND DELIVERY Clause in Contracts

ACCEPTANCE TESTING AND DELIVERY. 4.1 When Urbanlink has determined that the Capacity is operating substantially in conformity with the applicable service levels set forth in Exhibit B (the "Service Level Agreement"), Urbanlink shall promptly provide Customer written notice of the same (a "Completion Notice"). Each Completion Notice shall set forth the date upon which Urbanlink will commence delivery of the Capacity to Customer provided that all payments due under this Agreement have been paid in full. 4.2 Within ten (10) days of receipt of a Completion Notice, Customer shall provide Urbanlink a written notice accepting or rejecting the Capacity, specifying in reasonable detail, if rejected, the defect or failure in the Capacity. If Customer fails to notify Urbanlink of its acceptance or rejection of the Completion Notice within ten (10) days following Customer's receipt of the same, Customer shall be deemed to have accepted such Capacity. Any use of Capacity by Customer other than for testing purposes shall be deemed to constitute acceptance of the Capacity. The date of such notice of acceptance or deemed acceptance of the Capacity shall be the "Acceptance Date". In the event of any good-faith rejection by Customer, Urbanlink shall take such action as reasonably necessary, and as expeditiously as practicable, to correct or cure such defect or failure. Customer shall in no event be entitled to commence use of the Capacity until after Urbanlink has received payment in full. 4.3 Provided Urbanlink first obtains Customer's written consent, which consent may not be unreasonably withheld or delayed, Urbanlink may substitute, change or reconfigure the telecommunications equipment and facilities used in providing the Capacity as long as the quality and type of Capacity is not impaired or changed. In such event, the Parties shall work together in good faith to minimize any disruption of service in connection with such substitution, change or reconfiguration.

ACCEPTANCE TESTING AND DELIVERY. 4.1 WFNS shall commence installation of the Capacity for Customer with respect to each Circuit upon acceptance of a written delivery request with respect to such Circuit. Customer requests the First and Second Circuits as set out in Exhibit B. WFNS shall, within ten (10) days of the Effective Date, accept or otherwise respond to such request. Customer shall so request the Third Circuit prior to July 1, 2000, specifying the configuration of such Circuit. WFNS shall use commercially reasonable efforts to deliver the Capacity to Customer with respect to each Circuit within 60 days of WFNS's acceptance of a delivery request for such Circuit. Subject to the Force Majeure Events and except as set forth on Exhibit D, in the event the Acceptance Date with respect to a Circuit has not occurred within 67 days of WFNS's acceptance of a delivery request for such Circuit (the "Delivery Date"), Customer's sole remedy shall be a one-time credit against the Monthly Fee with respect to such Circuit as set forth in Exhibit C. When Urbanlink WFNS has determined that the Capacity with respect to each Circuit is operating substantially in conformity with the applicable service levels set forth in Exhibit B C (the "Service Level Agreement"), Urbanlink WFNS shall promptly provide Customer written notice of the same (a "Completion Notice"). Each Completion Notice shall set forth the date upon which Urbanlink WFNS will commence delivery of the Capacity with respect to Customer provided that all payments due under this Agreement have been paid in fullsuch Circuit and specify the wavelength from which such Capacity is derived. 4.2 Within ten (10) days of receipt of a Completion Notice, Customer shall provide Urbanlink WFNS a written notice accepting or rejecting the Capacity, specifying in reasonable detail, if rejected, the defect or failure in the Capacity. If Customer fails to notify Urbanlink WFNS of its acceptance or rejection of the Completion Notice within ten (10) days following Customer's receipt of the same, Customer shall be deemed to have accepted such Capacity. Any use of Capacity by Customer other than for testing purposes shall be deemed to constitute acceptance of the Capacity. The date of such notice of acceptance or deemed acceptance of the Capacity shall be the "Acceptance Date". ." In the event of any good-faith rejection by Customer, Urbanlink WFNS shall take such action as reasonably necessary, and as expeditiously as practicable, to correct or cure such defect or failure. Customer shall in no event be entitled to commence use of the Capacity with respect to each Circuit until after Urbanlink WFNS has received payment in fullfull of all payments due under this Agreement, including without limitation the Installation Fee with respect to such Circuit. 4.3 Provided Urbanlink first obtains Notwithstanding anything to the contrary contained in this Agreement, WFNS may procure and deliver any portion of the Capacity from third parties (whether under a lease, sublease or otherwise) in lieu of constructing and installing the WFNS System; provided, any such portion of the Capacity shall connect the applicable Cities as set forth on Exhibit B and shall operate in accordance with the requirements of Section 4.1 above. Subject to the prior consent of Customer's written consent, which consent may shall not be unreasonably withheld or delayed, Urbanlink WFNS may also substitute, change or reconfigure the telecommunications equipment and facilities used in providing the Capacity as long as the quality and type of Capacity is not impaired or changed. In such event, the Parties shall work together in good faith to minimize any disruption of service in connection with such substitution, change or reconfiguration. Notwithstanding anything to the contrary contained in this Agreement, Customer shall have no right to object to or otherwise participate in the configuration of the WFNS System or telecommunications capacity derived therefrom.

ACCEPTANCE TESTING AND DELIVERY. 4.1 When Urbanlink 360americas has determined that the Capacity with respect to a Circuit is operating substantially in conformity with the applicable service levels set forth in Exhibit B (the "Service Level Agreement")RFCS, Urbanlink 360americas shall promptly provide Customer written notice of the same (a "Completion Notice") and, upon Customer's request, will forward the results of the 360americas System Testing Requirements described in Exhibit B. 4.2 Within seven (7) days of Customer's receipt of the Completion Notice, 360americas shall determine a time for the performance of the acceptance tests for the applicable Circuit identified in Exhibit B (the "Capacity Acceptance Tests"). Each Completion Notice shall set forth the date upon which Urbanlink will commence delivery Within seven (7) days of completion of the Capacity Acceptance Tests, 360americas shall provide the test results in writing to Customer provided that all payments due under this Agreement have been paid in full. 4.2 the Customer. Within ten five (105) days of receipt of a Completion Noticeresults of the Capacity Acceptance Tests, Customer shall provide Urbanlink 360americas a written notice accepting or rejecting the CapacityCircuit, * CONFIDENTIAL TREATMENT REQUEST - Confidential portion has been omitted and filed separately with the Commission. 16 specifying in reasonable detail, if rejected, the defect or failure in the CapacityCapacity based on the results of the Capacity Acceptance Tests. If Customer fails to notify Urbanlink 360americas of its acceptance or rejection of the Completion Notice Capacity within ten five (105) days following Customer's receipt of the sameresults of the Capacity Acceptance Tests, Customer shall be deemed to have accepted such CapacityCircuit. Any use of such Capacity by Customer other than for testing purposes shall be deemed to constitute acceptance of the CapacityCircuit. The date of such notice of acceptance or deemed acceptance of the Capacity Circuit shall be the "Acceptance Date". ." In the event of any good-faith rejection by Customer, Urbanlink 360americas shall take such action as reasonably necessary, and as expeditiously as practicable, to correct or cure such defect or failurefailure in accordance with the applicable specifications. Customer shall in no event be entitled not have any right to commence use of the Capacity with respect to a Circuit and 360americas shall have no obligation to provide such Capacity to Customer, until after Urbanlink 360americas has received payment in fullfull of the applicable IRU Fee for such Capacity and any applicable O&M Fees. 4.3 Provided Urbanlink first obtains Customer's written consent, which consent may not be unreasonably withheld or delayed, Urbanlink may substitute, change or reconfigure the telecommunications equipment and facilities used in providing the Capacity as long as the quality and type of Capacity is not impaired or changed. In such event, the Parties shall work together in good faith to minimize any disruption of service in connection with such substitution, change or reconfiguration.