Common use of Dedicated Access Clause in Contracts

Dedicated Access. In lieu of any other rates and discounts, Customer will pay monthly recurring local loop charges ranging from $61 to $150 for Analog, VGA and digital Type 1, Type 2 and Type 3 DS0 and DS-1 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay a monthly recurring local loop charge of $650 for Type 1 DS-3 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay a monthly recurring local loop charge of $1,200 for Type 1 OC-3 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay a monthly recurring local loop charge of $4,000 for Type 1 OC-12 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay a monthly recurring charge of $9,000 for Type 1 OC-48 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay monthly recurring local loop charges ranging from $1,050 to $2,200 for DS-3 Dedicated Access Service at 985 CLLI codes mutually agreed upon by Customer and Supplier. In lieu of any other rates and discounts, Customer shall pay the applicable fixed local loop charge for each of the Supplier-provisioned DS-3 access circuits as identified by CLLI code. Any existing DS-3 circuits receiving a revised monthly recurring charge hereunder and any new DS-3 access circuits installed after March 1, 2011, will have a thirty-six (36) month minimum term commitment and Supplier reserves the right to collect early termination liability of one-hundred percent (100%) of the monthly recurring charges remaining in the term commitment (“ETL”), except in the event of termination for cause by Customer. The foregoing ETL shall not apply (and the alternate early termination liability set forth below shall apply instead) in the event (a) Customer permanently closes a location; (b) Customer downsizes bandwidth requirements at a site due to an attested reduction in bandwidth needs, and does not replace the capacity with another carrier’s services; (c) Customer replaces a channelized voice DS-3 with a Supplier-provided MPLS circuit to terminate IP Toll Free traffic; or (d) Customer upgrades to a higher speed circuit. In addition to (a) – (d) above, Customer may also terminate, without cause, up to five percent (5%) of the DS-3 access circuits inventory (“DS-3 Inventory Reduction”) in any given contract year as of March 1st and the alternate early termination liability set forth below shall apply in lieu of the ETL set forth above. Supplier reserves the right to collect an “alternate early termination liability” applicable to (a) – (d) above and to the DS-3 Inventory Reduction in an amount equal to the monthly recurring charge for the remaining months from the latter of (i) March 1, 2011 or (ii) the date of installation, through the first twelve (12) months of the commitment term. If the early termination in (a) – (d) or the DS-3 Inventory Reduction occurs after the first twelve (12) months of the commitment term, then no early termination liability will apply. Additionally, in the case of (a) – (d) above, Customer will provide thirty (30) days prior written notice of any such termination. DS-3 access circuits identified by CLLIs not listed in the below table will be unaffected and retain any existing term commitment and pricing. Any applicable termination liability will be set forth in an amendment. Notwithstanding the above, in the event a specific circuit requires special build costs and a circuit specific term is required, Supplier reserves the right to exclude the specific circuit from eligibility of the application of the alternate early termination liability. Upon mutual agreement, any circuits with a specific term which are not eligible for the alternative early termination liability will be identified and added to the Agreement via amendment. The rate table remains unchanged from the 51st Amendment. In lieu of any other rates and discounts, Customer will pay monthly recurring charges ranging from $28,229 to $29,200 for OC-48 Dedicated Access service at 2 CLLI codes mutually agreed upon by Customer and Supplier. 1 CLLI code is Type 3 only and such rate only applies to circuits of which some portion is serviced by incumbent Local Exchange Carrier (“ILEC”) or Competitive Local Exchange Carrier (“CLEC”) facilities. If Customer orders a circuit at the indicated CLLI code which does not satisfy this condition, then Supplier reserves the right to adjust the rates for such circuit to standard rates. Supplier confirms that at least some portion of this CLLI code is serviced by ILEC or CLEC facilities and Customer will receive the quoted rates. Service Term Commitment: Each circuit providing Network Access Service shall carry a commitment through March 31, 2011.

Dedicated Access. In lieu of any other rates and discounts, Customer will pay fixed monthly recurring local loop charges charge ranging from $61 80 to $150 175 for AnalogDedicated Access service based on DS-0, VGA and digital Type 1, Type 2 and Type 3 DS0 DDS and DS-1 Dedicated Access Servicecircuit types. In lieu of any other rates and discounts, Customer will pay a fixed monthly recurring local loop charge of $650 for Type 1 DS-3 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay a monthly recurring local loop charge of $1,200 for Type 1 OC-3 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay a monthly recurring local loop charge of $4,000 for Type 1 OC-12 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay a monthly recurring charge of $9,000 10,000 for Type 1 OC-48 Dedicated Access Service. In lieu of any other rates and discounts, Customer will pay fixed monthly recurring local loop charges ranging from $1,050 1,200 to $2,200 17,962 for DS-3 Dedicated Access Service service at 985 CLLI codes mutually agreed upon by Customer and Supplier. In lieu of any other rates and discounts, Customer shall pay the applicable fixed local loop charge for each of the Supplier-provisioned DS-3 access circuits as identified by CLLI code. Any existing DS-3 circuits receiving a revised monthly recurring charge hereunder and any new DS-3 access circuits installed after March 1, 2011, will have a thirty-six (36) month minimum term commitment and Supplier reserves the right to collect early termination liability of one-hundred percent (100%) of the monthly recurring charges remaining in the term commitment (“ETL”), except in the event of termination for cause by Customer. The foregoing ETL shall not apply (61 NPA/NXX locations and the alternate early termination liability set forth below shall apply instead) in CLLIs associated with the event (a) Customer permanently closes a location; (b) Customer downsizes bandwidth requirements at a site due to an attested reduction in bandwidth needs, and does not replace the capacity with another carrier’s services; (c) Customer replaces a channelized voice DS-3 with a Supplier-provided MPLS circuit to terminate IP Toll Free traffic; or (d) Customer upgrades to a higher speed circuit. In addition to (a) – (d) above, Customer may also terminate, without cause, up to five percent (5%) of the DS-3 access circuits inventory (“DS-3 Inventory Reduction”) in any given contract year as of March 1st and the alternate early termination liability set forth below shall apply in lieu of the ETL set forth above. Supplier reserves the right to collect an “alternate early termination liability” applicable to (a) – (d) above and to the DS-3 Inventory Reduction in an amount equal to the monthly recurring charge for the remaining months from the latter of (i) March 1, 2011 or (ii) the date of installation, through the first twelve (12) months of the commitment term. If the early termination in (a) – (d) or the DS-3 Inventory Reduction occurs after the first twelve (12) months of the commitment term, then no early termination liability will apply. Additionally, in the case of (a) – (d) above, Customer will provide thirty (30) days prior written notice of any such termination. DS-3 access circuits identified by CLLIs not listed in the below table will be unaffected and retain any existing term commitment and pricing. Any applicable termination liability will be set forth in an amendment. Notwithstanding the above, in the event a specific circuit requires special build costs and a circuit specific term is required, Supplier reserves the right to exclude the specific circuit from eligibility of the application of the alternate early termination liability. Upon mutual agreement, any circuits with a specific term which are not eligible for the alternative early termination liability will be identified and added to the Agreement via amendment. The rate table remains unchanged from the 51st Amendment61 NPA/NXX locations. In lieu of any other rates and discounts, Customer will pay a fixed monthly recurring IOC charge of $290.00 for a DS-1 Dedicated Lease Line circuit for a fixed term. In lieu of any other rate and discounts, Customer will pay a fixed monthly recurring local loop charge of $0.00 for OC-3 Dedicated Access service at 2 NPA/NXX locations and the CLLIs associated with the 2 NPA/NXX locations. In lieu of any other rates and discounts, Customer will pay a fixed monthly recurring local loop charge of $0.00 for DS-1 Dedicated Access service at 3 NPA/NXX locations and the CLLIs associated with the 3 NPA/NXX locations. In lieu of any other rates and discounts, Customer will pay fixed monthly recurring local loop charges ranging from $1,400 to $1,600 for DS-3 Dedicated Access service at 6 NPA/NXX locations and the CLLIs associated with the 6 NPA/NXX locations. In lieu of any other rates and discounts, Customer will pay fixed monthly recurring local loop charges ranging from $1,400 to $8,200 for DS-3 Dedicated Access service at 3 NPA/NXX locations and the CLLIs associated with the 2 NPA/NXX locations. In lieu of any other rates and discounts, Customer will pay a fixed monthly recurring local loop charge of $3,400 for OC-3 Dedicated Access service at 1 NPA/NXX location and the CLLIs associated with the 1 NPA/NXX location. A 36 month term is required. If circuit is terminated before the end of its 36 month term, Company reserves the right to charge Customer for the remaining months, or partial months thereof, remaining in the 36 month term. In lieu of any other rates and discounts, Customer will pay a fixed monthly recurring local loop charge of $3,000 for OC-3 Dedicated Access service at 1 NPA/NXX location and the CLLIs associated with the 1 NPA/NXX location. In order to qualify for this rate, local loop must be provisioned as Company Type 1 (“lit”) facilities. Company reserves the right to increase the rate to $10,000 per month if Customer fails to satisfy this condition for any Local Loop provisioned at this NPA/NXX. In lieu of any other rates and discounts, Customer will pay a fixed monthly recurring local loop charge of $8,000 for OC-3 Dedicated Access service at 1 NPA/NXX location and the CLLIs associated with the 1 NPA/NXX location. In lieu of any other rates and discounts, the Customer will pay fixed monthly recurring charges ranging from $28,229 6,000 to $29,200 22,503 for OC-48 Dedicated OC-12 Access service Service at 2 NPA/NXX locations and the CLLIs associated with the 2 NPA/NXX locations. In lieu of any other rates and discounts, the Customer will pay fixed monthly recurring charges ranging from $3,000 to $22,503 forOC-3 and OC-12 Access Service at 3 CLLI codes mutually agreed upon by the Customer and Supplier. 1 CLLI code is Type 3 only and such rate only applies to circuits of which some portion is serviced by incumbent Local Exchange Carrier (“ILEC”) or Competitive Local Exchange Carrier (“CLEC”) facilities. If Customer orders a circuit at the indicated CLLI code which does not satisfy this condition, then Supplier reserves the right to adjust the rates for such circuit to standard rates. Supplier confirms that at least some portion of this CLLI code is serviced by ILEC or CLEC facilities and Customer will receive the quoted rates. Service Term Commitment: Each circuit providing Network Access Service shall carry a commitment through March 31, 2011Company.