AT&T OHIO Clause Samples

AT&T OHIO and Intrado shall each use their best efforts to meet the Interconnection Activation Dates. Page 21 of 376 4.3 Each Party is individually responsible to provide facilities within its network that are necessary for routing, transporting, measuring, and billing traffic from the other Party's network and for delivering such traffic to the other Party's network in the standard format compatible with AT&T-OHIO’s network as referenced in Telcordia BOC Notes on LEC Networks Practice No. SR-TSV-002275, and to terminate the traffic it receives in that standard format to the proper address on its network. The Parties are each solely responsible for participation in and compliance with national network plans, including the National Network Security Plan and the Emergency Preparedness Plan.

AT&T OHIO shall provide to Intrado Interconnection of the Parties’ facilities and equipment for the transmission and routing of CLEC and Competitive Emergency Telephone Exchange Service traffic pursuant to the applicable Appendix ITR or Appendix Competitive Emergency Services, respectively, which is/are attached hereto and incorporated herein by reference. Methods for Interconnection and physical architecture shall be as defined in the applicable Appendix NIM and Appendix Competitive Emergency Services Interconnection Methods, respectively, which is/are attached hereto and incorporated herein by reference.

AT&T OHIO will contract for and perform the construction and other activities underlying the preparation of the Telecommunications Infrastructure Area and Dedicated Space, and any Custom Work Charges using the same or consistent practices that are used by AT&T-OHIO for other construction and preparation work performed in the Eligible Structure in which the Dedicated Space is located.

AT&T OHIO will not delay a Collocator employee’s entry into an Eligible Structure containing its collocated equipment or its access to its collocated equipment. AT&T-OHIO will provide Collocator with reasonable access to restroom facilities and parking. All access is provided subject to compliance by the Collocator’s employees, agents and contractors with AT&T-OHIO’s policies and practices pertaining to fire, safety and security (i.e., the Collocator must comply with Section 6 of this Appendix).

AT&T OHIO. 11.5.1 If the Non-Paying Party fails to (a) pay any undisputed Unpaid Charges in response to the Billing Party’s Section 11.2 notice, (b) deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 10.6 within the time specified in Section 11.3, (c) timely furnish any assurance of payment requested in accordance with Section 9 or (d) make a payment in accordance with the terms of any mutually agreed payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in (a) through (d) of this Section within ten (10) Business Days. On the day that the Billing Party provides such written demand to the Non- Paying Party, the Billing Party may also exercise any or all of the following options: 11.5.1.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or 11.5.1.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement. 11.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Section 11.5.1, Section 11.5.1.1 and Section ▇▇.▇.▇.▇: 11.5.2.1 will not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and 11.5.2.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.

AT&T OHIO will provide Intrado a specific Daily Usage File (“DUF” or “Usage Extract”) for Resale Services provided hereunder (“Customer Usage Data”). Such Customer Usage Data will be provided by AT&T-OHIO in accordance with Exchange Message Interface (EMI) guidelines supported by OBF. Any exceptions to the supported formats will be noted in the DUF implementation requirements documentation for each AT&T-owned ILEC. The DUF will include (i) specific daily usage, including both Local Traffic (if and where applicable) and LEC- carried IntraLATA Toll Traffic, in EMI format for usage sensitive services furnished in connection with each Resale Service to the extent that similar usage sensitive information is provided to retail End Users of AT&T-OHIO within that state, (ii) with sufficient detail to enable Intrado to bill its End Users for usage sensitive services furnished by AT&T-OHIO in connection with Resale Service provided by AT&T-OHIO. Procedures and processes for implementing the interfaces with AT&T-OHIO will be included in implementation requirements documentation. Page 31 of 376 10.10.2 To establish file transmission for the Daily Usage File, Intrado must provide to AT&T-OHIO a separate written request for each state no less than sixty (60) calendar days prior to the desired first transmission date for each file.

AT&T OHIO may also refuse additional applications for service and/or refuse to complete any pending orders for additional space or service for the Collocator at any time after sending the notice required by the preceding Section. 13.3 In the case of any dispute and at the written request of a Party, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Appendix. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative informal dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. To the extent negotiations do not resolve the dispute, and thirty (30) days have passed since the date of the request for resolution under this Section, Parties may seek more formal dispute resolution procedures.

AT&T OHIO. As a condition of entering into Shared Caged Collocation, Collocator agrees that if it is not the Primary Collocator in a New Shared Collocation, or if it is the sublessee in a Subleased Shared Collocation arrangement, it unconditionally and irrevocably undertakes and guarantees AT&T-OHIO the prompt and full payment of any charges assessed on the Shared Caged Collocation. If the Primary Collocator in a Shared Caged Collocation arrangement no longer occupies the space, the other Resident Collocators must immediately identify a new Primary Collocator. If only one Collocator remains in the Shared Cage Collocation, that Collocator shall become the Primary Collocator. AT&T-OHIO shall bill the new Primary Collocator any applicable charges to change AT&T-OHIO’s records and databases to reflect such new Primary Collocator.

AT&T OHIO s construction of an interior security partition around its own equipment shall not interfere with a telecommunications carrier’s access to its equipment, including equipment collocated directly adjacent to AT&T-OHIO’s equipment. AT&T-OHIO’s construction of an interior security partition around its own equipment shall not impede a telecommunications carrier’s ability to collocate within AT&T-OHIO’s space. To the extent that AT&T-OHIO is required to install additional security measures within its interior security partition because a telecommunications carrier has access to its own equipment within the area, such Page 70 of 376 security measures shall be constructed and maintained at AT&T-OHIO’s expense.