Common use of Commingling Clause in Contracts

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below), Verizon shall, upon request of NetCarrier, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff Spectra tariff, Spectra shall permit CD to commingle a UNE or SGAT: 3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element Combination or a combination of unbundled Declassified Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under Spectra, and to also convert wholesale services to a Verizon access tariff UNE or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long Combination. Commingling is defined as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51set forth in FCC Rule 51.5. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below), Verizon Spectra shall, upon request of NetCarrierCD, perform the functions necessary to commingle a UNE or combine Qualifying UNEs Combination with Qualifying Wholesale Servicesone or more facilities or services or inputs that CD has obtained at wholesale from Spectra. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD. 9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Serviceswholesale services, and the rates, terms and conditions of the Amended this Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part UNEs or Combinations of a commingled arrangement, Network Elements as set forth in the Pricing Attachment Appendix D to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangementsAgreement. “Ratcheting,” as that term is defined by the FCC, shall not be required. 9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. Qualifying UNEs For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that are commingled the language of this Agreement complies with Qualifying Wholesale Services are and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not included change its wholesale and access tariffs in any fashion that impacts the shared use provisions availability or provision of the applicable tariff. Verizon may exclude its performance Commingling under this Agreement, unless Spectra and CD have amended this Agreement in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.advance to address Spectra’s proposed tariff changes

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 , but subject to the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51 (subject to Section 3.4.1.2 below)51, Verizon shall, upon request of NetCarrierHello Depot, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its Verizon’s performance in connection with the provisioning of commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RCN is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierRCN, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below), Verizon shall, upon request of NetCarrierEschelon, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Spectrotel is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierSpectrotel, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 , but subject to the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a an Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51 (subject to Section 3.4.1.2 below)51, Verizon shall, upon request of NetCarrierCypress, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its Verizon’s performance in connection with the provisioning of commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 belowabove) or any Verizon tariff Tarif or SGAT: 3.4.1.1 3.1.1 Verizon will not prohibit shall permit the commingling Commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff Tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff Tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling Commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below)51, Verizon shall, upon request of NetCarrierLumos, perform the functions necessary to commingle Commingle or combine Qualifying UNEs unbundled Network Elements with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff Tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariffTariff, as applicable, will apply to the Qualifying UNEsunbundled Network Elements; provided, however, that that, a nonrecurring charge will may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then ▇▇▇▇▇▇▇'s standard charges for such work shall apply for each UNE circuit that is part or, in the absence of a commingled arrangementstandard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Agreement or a Verizon Tariff as determined by Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariffapply. Verizon may exclude its performance in connection with the provisioning of commingled Commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 , but subject to the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. .. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51 (subject to Section 3.4.1.2 below)51, Verizon shall, upon request of NetCarrier***CLEC Acronym TXT***, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, theThe rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its Verizon’s performance in connection with the provisioning of commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RCN-B is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierRCN-B, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 , but subject to the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51 (subject to Section 3.4.1.2 below)51, Verizon shall, upon request of NetCarrier▇▇▇▇▇▇▇, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its Verizon’s performance in connection with the provisioning of commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below), Verizon shall, upon request of NetCarrierCovista, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below), Verizon shall, upon request of NetCarrierTNCI, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RNK is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierRNK, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ARC is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierARC, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 , but subject to the conditions set forth in the following Section 3.6.2, Verizon will not prohibit prohibit, and hereby permits, the commingling Ccommingling of an unbundled Network Element or a combination cCombination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51 (subject to Section 3.4.1.2 below)51, Verizon shall, upon request of NetCarrier***CLEC Acronym TXT***, perform the functions necessary to commingle cCommingle or combine Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. Verizon shall not deny access to a Network Element or a Combination of Network Elements on the grounds that one or more of the Network Elements (i) is connected to, attached to, linked to, associated with, or combined with, a facility or service obtained from Verizon; or (ii) shares part of Verizon’s network with access services or inputs for Non-qualifying Services. When ***CLEC Acronym TXT*** purchases Commingled Network Elements and Qualifying Wholesale Services from Verizon, Verizon shall charge ***CLEC Acronym TXT*** on an element-by-element and service-by-service rate. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its Verizon’s performance in connection with the provisioning of commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhereunder Applicable Lawelsewhere. In addition, Verizon shall cooperate fully with ***CLEC Acronym TXT*** to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede ***CLEC Acronym TXT***’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user perspective. For the avoidance of any doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this TRO Attachment complies with and satisfies the requirements of Verizon’s wholesale and access tariffs with respect to Commingling. Verizon shall not change its wholesale or access tariffs in any fashion that impacts the availability or provision of Commingling under this TRO Attachment or the Agreement, unless Verizon and ***CLEC Acronym TXT*** have amended this TRO Attachment and the Agreement in advance to address ▇▇▇▇▇▇▇’s proposed tariff changes.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below), Verizon shall, upon request of NetCarrierBullsEye, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that PNG is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierPNG, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that TCG is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierTCG, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that PaeTec is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierPaeTec, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that TWCIS (MA) is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierTWCIS (MA), perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that IDT is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierIDT, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below), Verizon shall, upon request of NetCarrierCBB, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that AT&T is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierAT&T, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51. As required by the Arbitration Order, "Qualifying Wholesale Services" as used herein include, but are not limited to, any elements that SPRINT obtains from Verizon pursuant to Section 271 of the Act; provided, however, that Verizon may price Section 271 elements at market-based rates that are not subject to the requirements of Section 252 of the Act, and in no event shall Verizon be required to provide a non-Section 251 element at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 (subject to Section 3.4.1.2 3.11.1.2 below), Verizon shall, upon request of NetCarrierSPRINT, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth to the extent provided for in the Pricing Attachment to this Amendment. This Any such charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department expressly requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below), Verizon shall, upon request of NetCarrierGlobal Crossing, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff or separate non-251 non- 251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 belowabove) or any Verizon tariff Tarif or SGAT: 3.4.1.1 3.1.1 Verizon will not prohibit shall permit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff Tariff (“"Qualifying UNEs”"), with wholesale services obtained from Verizon under a Verizon access tariff Tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to Section 3.4.1.2 below)51, Verizon shall, upon request of NetCarrierIntegra, perform the functions necessary to commingle or combine Qualifying UNEs unbundled Network Elements with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access tariff Tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariffTariff, as applicable, will apply to the Qualifying UNEsunbundled Network Elements; provided, however, that that, a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangementmay apply, as set forth in to the extent permitted under the Pricing Attachment to this Amendment, when Integra obtains commingling of an unbundled Network Element circuit with a Wholesale Service(s). This charge In addition, if any commingling requested by Integra requires Verizon to perform physical work that Verizon is intended required to offset perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Verizon’s costs 's standard charges for such work shall apply or, in the absence of implementing a standard charge, a fee calculated using Verizon's standard time and managing commingled arrangements. “Ratcheting,” materials rates, as that term is defined by set forth in Exhibit A of the FCCAgreement, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariffapply. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere. However, Verizon’s performance in connection with the provisioning of commingled facilities shall be subject to any applicable non- discrimination requirements of the Act.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Qwest is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierQwest, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that MetTel is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierMetTel, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Level 3 is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrier▇▇▇▇▇ ▇, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that CDP is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierCDP, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT: 3.4.1.1 , but subject to the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51 (subject to Section 3.4.1.2 below)51, Verizon shall, upon request of NetCarrierCSTC, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its Verizon’s performance in connection with the provisioning of commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ACN is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierACN, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ANTC is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierANTC, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Equal Access is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierEqual Access, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that XO is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierXO, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.

Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above and in Section 3.4.2 3.11.2 below) or any Verizon tariff or SGAT:): 3.4.1.1 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”)or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”)Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Conversent is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 51 51.318 or other applicable law (subject to Section 3.4.1.2 Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of NetCarrierConversent, perform the functions necessary to commingle or combine Qualifying UNEs with Qualifying Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of a commingled arrangement, as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. . 3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.