Common use of Amendment of Certain Rates, Terms and Conditions Clause in Contracts

Amendment of Certain Rates, Terms and Conditions. The rates, terms and conditions in this Agreement that are specified in Appendix (the “AT&T Terms”) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Case No. The rates, terms and conditions not included in this Agreement but referenced in Appendix (the “GTE Terms”) were excluded from the AT&T Agreement by the Commission in Case No. GTE and COMM SOUTH agree that if the AT&T Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the AT&T Terms or, as appropriate, the substitution of GTE Terms for all stayed and enjoined AT&T Terms, and such amendments shall be effective retroactive to the Effective Date of this Agreement. GTE and COMM SOUTH further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actions”). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have accordingly as in the first paragraph of this Section 48. The parties agree to apply any affected terms and conditions, including any in other sections and articles of this Agreement, consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. COMM SOUTH acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the GTE Terms and the AT&T Terms are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s unrecovered costs historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or in any way this Section 48, COMM SOUTH agrees that this entire Agreement is void and will not become effective, and COMM SOUTH agrees to withdraw this Agreement from consideration by the Commission (or any other commission or federal or state court).

Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions in this Agreement that are specified in Appendix H (the “AT&T "GTE Terms”") were taken may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix I (the "AT&T Terms") approved if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case Docket No. 96-478. The rates, terms and conditions not included in this Agreement but referenced that are specified in Appendix I (the “GTE AT&T Terms”) were excluded from shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of QTC's election to replace the specified “GTE Terms” with the specified “AT&T Terms”, which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission in Case Noand effective. GTE and COMM SOUTH QTC agree that if the “AT&T Terms Terms” are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms Terms” or, as appropriate, the substitution of “GTE Terms Terms” for all stayed and or enjoined “AT&T Terms”, and such amendments amendment shall be effective retroactive to the Effective Date of this Agreement. the “AT&T Terms.” GTE and COMM SOUTH QTC further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s 's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actionsaction”). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 4846. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, Agreement consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the “AT&T Terms Terms” are affected by such action and GTE determines they cannot be consistently applied therewith, the “GTE Terms Terms” shall apply. COMM SOUTH QTC acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the “GTE Terms Terms” and the “AT&T Terms Terms” are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s 's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s 's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and or federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 4846, COMM SOUTH QTC agrees that this entire Agreement Section 46 is void and will not become effective, and COMM SOUTH QTC agrees to withdraw this Agreement Section 46 and Appendices H and I from consideration by the Commission (or any other commission or federal or state court).

Amendment of Certain Rates, Terms and Conditions. The rates, terms and conditions in this Agreement that are specified in Appendix 49A (the “AT&T Terms”) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Case No. 96-AB-005. The rates, terms and conditions not included in this Agreement but referenced in Appendix 49B (the “GTE Terms”) were excluded from the AT&T Agreement by the Commission in Case No. 96-AB-005. GTE and COMM SOUTH NorthPoint agree that if the “AT&T Terms Terms” are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms Terms” or, as appropriate, the substitution of “GTE Terms Terms” for all stayed and enjoined “AT&T Terms”, and such amendments shall be effective retroactive to the Effective Date of this Agreement. GTE and COMM SOUTH NorthPoint further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s 's First Report and Order in CC Docket No. 96No.96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actions”). To the extent warranted by any such action, the parties Parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 4849. The parties Parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the “AT&T Terms Terms” are affected by such action and GTE determines they cannot be consistently applied therewith, the “GTE Terms Terms” shall apply. COMM SOUTH NorthPoint acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the “GTE Terms Terms” and the “AT&T Terms Terms“ are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s 's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s 's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 4849, COMM SOUTH NorthPoint agrees that this entire Agreement Section 49 is void and will not become effective, and COMM SOUTH NorthPoint agrees to withdraw this Agreement Section 49 from consideration by the Commission (or any other commission or federal or state court).

Amendment of Certain Rates, Terms and Conditions. The rates, terms and conditions in this Agreement that are specified in Appendix 49A (the “AT&T Terms”) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Case Docket No. 960847-TP. The rates, terms and conditions not included in this Agreement but referenced in Appendix 49B (the “GTE Verizon Terms”) were excluded from the AT&T Agreement by the Commission in Case Docket No. GTE 960847-TP. Verizon and COMM SOUTH Empire agree that if the “AT&T Terms Terms” are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms Terms” or, as appropriate, the substitution of GTE Terms “Verizon Terms” for all stayed and enjoined “AT&T Terms”, and such amendments shall be effective retroactive either to the Effective Date of this AgreementAgreement or to the Effective Date of the amendment, whichever the authority ordering said amendment deems applicable. GTE Verizon and COMM SOUTH Empire further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s 's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actions”). To the extent warranted by any such action, the parties Parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 4849. The parties Parties agree to apply immediately amend any affected terms and conditions, including any in other sections and articles of this Agreement, consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE Verizon determines they cannot be consistently applied therewith, the GTE Verizon Terms shall apply. COMM SOUTH Empire acknowledges that GTE Verizon may seek to enforce such action before a commission or court of competent jurisdiction. GTE Verizon does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the GTE Terms “Verizon Terms” and the “AT&T Terms Terms” are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s Verizon's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE Verizon costs (including GTE’s Verizon's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or in any way this Section 48, COMM SOUTH agrees that this entire Agreement is void and will not become effective, and COMM SOUTH agrees to withdraw this Agreement from consideration by the Commission (or any other commission or federal or state court).

Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions in this Agreement that are specified in Appendix C (the “AT&T "GTE Terms”") were taken may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix D (the "AT&T Terms") approved if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case Docket No. 96-478. The rates, terms and conditions not included in this Agreement but referenced that are specified in Appendix D (the “GTE AT&T Terms”) were excluded from shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of DTI's election to replace the specified “GTE Terms” with the specified “AT&T Terms”, which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission in Case Noand effective. GTE and COMM SOUTH DTI agree that if the “AT&T Terms Terms” are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms Terms” or, as appropriate, the substitution of “GTE Terms Terms” for all stayed and or enjoined “AT&T Terms”, and such amendments amendment shall be effective retroactive to the Effective Date of this Agreement. the “AT&T Terms.” GTE and COMM SOUTH DTI further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s 's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actionsaction”). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 4845. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, Agreement consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the “AT&T Terms Terms” are affected by such action and GTE determines they cannot be consistently applied therewith, the “GTE Terms Terms” shall apply. COMM SOUTH DTI acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the “GTE Terms Terms” and the “AT&T Terms Terms” are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s 's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s 's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and or federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 4845, COMM SOUTH DTI agrees that this entire Agreement Section 45 is void and will not become effective, and COMM SOUTH DTI agrees to withdraw this Agreement Section 45 and Appendices C and D from consideration by the Commission (or any other commission or federal or state court).

Amendment of Certain Rates, Terms and Conditions. The rates, terms and conditions in this Agreement that are specified in Appendix 49A (the “AT&T Terms”“) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Case Docket No. P-96-478. The rates, terms and conditions not included in this Agreement but referenced in Appendix 49B (the “GTE Terms”“) were excluded from the AT&T Agreement by the Commission in Case Docket No. 96-478. GTE and COMM SOUTH NAS agree that if the “AT&T Terms Terms“ are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms Terms“ or, as appropriate, the substitution of “GTE Terms Terms“ for all stayed and enjoined “AT&T Terms“, and such amendments shall be effective retroactive to the Effective Date of this Agreement. GTE and COMM SOUTH NAS further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s 's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actions”). To the extent warranted by any such action, the parties Parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 4849. The parties Parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. COMM SOUTH NAS acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the “GTE Terms Terms“ and the “AT&T Terms Terms“ are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s 's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s 's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 4849, COMM SOUTH NAS agrees that this entire Agreement is void and will not become effective, and COMM SOUTH NAS agrees to withdraw this Agreement from consideration by the Commission (or any other commission or federal or state court).

Amendment of Certain Rates, Terms and Conditions. The rates, terms and conditions in this Agreement that are specified in Appendix 49A (the “AT&T Terms”“) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Case Docket No. P-96-478. The rates, terms and conditions not included in this Agreement but referenced in Appendix 49B (the “GTE Terms”“) were excluded from the AT&T Agreement by the Commission in Case Docket No. 96-478. GTE and COMM SOUTH NEWSOUTH agree that if the “AT&T Terms Terms“ are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms Terms“ or, as appropriate, the substitution of “GTE Terms Terms“ for all stayed and enjoined “AT&T Terms“, and such amendments shall be effective retroactive to the Effective Date of this Agreement. GTE and COMM SOUTH NEWSOUTH further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s 's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actions”). To the extent warranted by any such action, the parties Parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 4849. The parties Parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. COMM SOUTH NEWSOUTH acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the “GTE Terms Terms“ and the “AT&T Terms Terms“ are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s 's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s 's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 4849, COMM SOUTH NEWSOUTH agrees that this entire Agreement is void and will not become effective, and COMM SOUTH NEWSOUTH agrees to withdraw this Agreement from consideration by the Commission (or any other commission or federal or state court).

Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions in this Agreement that are specified in Appendix 00X (xxx "XXX Xxxxx") may be replaced by the “AT&T Terms”) were taken rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix 46A (the "AT&T Terms") approved if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case Docket No. 96-478. The rates, terms and conditions not included in this Agreement but referenced that are specified in Appendix 46A (the “GTE AT&T Terms”) were excluded from shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of DSL's election to replace the specified “GTE Terms” with the specified “AT&T Terms”, which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission in Case Noand effective. GTE and COMM SOUTH DSL agree that if the “AT&T Terms Terms” are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms Terms” or, as appropriate, the substitution of “GTE Terms Terms” for all stayed and or enjoined “AT&T Terms”, and such amendments amendment shall be effective retroactive to the Effective Date of this Agreement. the “AT&T Terms.” GTE and COMM SOUTH DSL further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s 's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actionsaction”). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 4846. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, Agreement consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the “AT&T Terms Terms” are affected by such action and GTE determines they cannot be consistently applied therewith, the “GTE Terms Terms” shall apply. COMM SOUTH DSL acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the “GTE Terms Terms” and the “AT&T Terms Terms” are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s 's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s 's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and or federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 4846, COMM SOUTH DSL agrees that this entire Agreement is void and will not become effective, and COMM SOUTH DSL agrees to withdraw this Agreement from consideration by the Commission (or any other commission or federal or state court).

Amendment of Certain Rates, Terms and Conditions. The rates, terms and conditions in this Agreement that are specified in Appendix 49A (the “AT&T TermsAT&T”) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Case Docket No. 99-AA-001. The rates, terms and conditions not included in this Agreement but referenced in Appendix 49B (the “GTE Terms”) were excluded from the AT&T Agreement by the Commission in Case Docket No. 99-AA-001. GTE and COMM SOUTH US Dial Tone agree that if the AT&T Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the AT&T Terms or, as appropriate, the substitution of GTE Terms for all stayed and enjoined AT&T Terms, and such amendments shall be effective retroactive to the Effective Date of this Agreement. GTE and COMM SOUTH US Dial Tone further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC’s 's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actions”). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 4849. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. COMM SOUTH US Dial Tone acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the GTE Terms and the AT&T Terms are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE’s 's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s 's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 4849, COMM SOUTH US Dial Tone agrees that this entire Agreement is void and will not become effective, and COMM SOUTH US Dial Tone agrees to withdraw this Agreement from consideration by the Commission (or any other commission or federal or state court).