Common use of Interference or Impairment Clause in Contracts

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other interconnector located in the Remote Site Location; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Remote Collocation Space, or the Remote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Remote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,, which notice shall direct ALEC Inc., to cure the violation within forty-eight (48) hours of ALEC Inc.,’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., prior to taking such action and shall have no liability to ALEC Inc., for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., or, if subsequently necessary, the relevant Commission must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space ALEC Inc., shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,, which notice shall direct ALEC Inc., to cure the violation within forty-eight (48) hours of ALEC Inc.,’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.10.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., prior to taking such action and shall have no liability to ALEC Inc., for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.10.2 For purposes of this sectionSection, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space WebShoppe shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., WebShoppe violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,WebShoppe, which notice shall direct ALEC Inc., WebShoppe to cure the violation within forty-eight (48) hours of ALEC Inc.,WebShoppe’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.10.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., WebShoppe fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,WebShoppe’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., WebShoppe prior to taking such action and shall have no liability to ALEC Inc., WebShoppe for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.10.2 For purposes of this sectionSection, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., WebShoppe fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., WebShoppe or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., WebShoppe shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. 5.14.1 Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space ACCESS Integrated shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that: (1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications services; (2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities any other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise (3) compromises the privacy of any communications carried in, from, or routed through the Remote Site LocationBellSouth Premises; and shall not create or (4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., ACCESS Integrated violates the provisions of this paragraphSection, BellSouth shall give provide written notice to ALEC Inc.,ACCESS Integrated, which notice shall direct ALEC Inc., ACCESS Integrated to cure the violation within forty-eight (48) hours of ALEC Inc.,ACCESS Integrated’s actual receipt of written notice or, if such cure is not feasible, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect conduct an inspection of the arrangementCollocation Space. 5.8.1 5.14.2 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., ACCESS Integrated fails to take cure the violation within forty-eight (48) hours or, if such cure is not possible, to commence curative action within 48 twenty- four (24) hours and exercise reasonable diligence to complete such action as soon as possible, or if the violation is of a character which that poses an immediate and substantial threat of damage to property, property or injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event event, BellSouth may take such action as it deems appropriate necessary to correct the violationeliminate such threat including, including without limitation limitation, the interruption of electrical power to ALEC Inc.,ACCESS Integrated’s equipmentequipment and/or facilities. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., ACCESS Integrated prior to the taking of such action and BellSouth shall have no liability to ALEC Inc., ACCESS Integrated for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.14.3 For purposes of this sectionSection, the term “significantly degrade degrades” shall mean be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., ACCESS Integrated fails to take cure the violation within forty-eight (48) hours, or if such cure is not possible, to commence curative action within 48 twenty-four (24) hours then and exercise reasonable diligence to complete such action as soon as possible, BellSouth will establish before the relevant appropriate Commission that the technology deployment deployed is causing the significant degradation. Any claims of network harm presented to ALEC Inc., ACCESS Integrated or, if subsequently necessary, the relevant Commission must be supported provided by BellSouth with specific and verifiable information. Where When BellSouth demonstrates that a certain technology deployed technology by ACCESS Integrated is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., ACCESS Integrated shall discontinue deployment of that technology and migrate its customers to other technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment under deployment, pursuant to 47 C.F.R. §51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space PTLLC shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications services; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities any other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, or routed through the Remote Site Locationpremises; and shall not create or 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., PTLLC violates the provisions of this paragraph, BellSouth shall give provide written notice to ALEC Inc.,PTLLC, which notice shall direct ALEC Inc., PTLLC to cure the violation within forty-eight (48) hours of ALEC Inc.,PTLLC’s actual receipt of written notice or, if such cure is not feasible, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect conduct an inspection of the arrangementCollocation Space. 5.8.1 5.13.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., PTLLC fails to take cure the violation within forty-eight (48) hours or, if such cure is not possible, to commence curative action within 48 twenty-four (24) hours and exercise reasonable diligence to complete such action as soon as possible, or if the violation is of a character which that poses an immediate and substantial threat of damage to property, property or injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event event, BellSouth may take such action as it deems appropriate necessary to correct the violationeliminate such threat including, including without limitation limitation, the interruption of electrical power to ALEC Inc.,PTLLC’s equipmentequipment and/or facilities. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., PTLLC prior to the taking of such action and BellSouth shall have no liability to ALEC Inc., PTLLC for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.13.2 For purposes of this sectionSection, the term “significantly degrade degrades” shall mean be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., PTLLC fails to take cure the violation within forty-eight (48) hours, or if such cure is not possible, to commence curative action within 48 twenty-four (24) hours then and exercise reasonable diligence to complete such action as soon as possible, BellSouth will establish before the relevant appropriate Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., PTLLC or, if subsequently necessary, the relevant Commission must be supported provided by BellSouth with specific and verifiable information. Where When BellSouth demonstrates that a certain technology deployed technology by PTLLC is significantly degrading the performance of other advanced services or Version 2Q04: 08/18/04 traditional voice band services, ALEC Inc., PTLLC shall discontinue deployment of that technology and migrate its customers to other technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment under 47 C.F.R. 51.230deployment, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. 5.14.1 Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space Neutral Tandem shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that (1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications services; (2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities any other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise (3) compromises the privacy of any communications carried in, from, or routed through the Remote Site LocationBellSouth Premises; and shall not create or (4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., Neutral Tandem violates the provisions of this paragraph, BellSouth shall give provide written notice to ALEC Inc.,Neutral Tandem, which notice shall direct ALEC Inc., Neutral Tandem to cure the violation within forty-eight (48) hours of ALEC Inc.,Neutral Tandem’s actual receipt of written notice or, if such cure is not feasible, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect conduct an inspection of the arrangementCollocation Space. 5.8.1 5.14.2 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., Neutral Tandem fails to take cure the violation within forty-eight (48) hours or, if such cure is not possible, to commence curative action within 48 twenty- four (24) hours and exercise reasonable diligence to complete such action as soon as possible, or if the violation is of a character which that poses an immediate and substantial threat of damage to property, property or injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event event, BellSouth may take such action as it deems appropriate necessary to correct the violationeliminate such threat including, including without limitation limitation, the interruption of electrical power to ALEC Inc.,Neutral Tandem’s equipmentequipment and/or facilities. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., Neutral Tandem prior to the taking of such action and BellSouth shall have no liability to ALEC Inc., Neutral Tandem for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.14.3 For purposes of this sectionSection, the term “significantly degrade degrades” shall mean be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., Neutral Tandem fails to take cure the violation within forty-eight (48) hours, or if such cure is not possible, to commence curative action within 48 twenty-four (24) hours then and exercise reasonable diligence to complete such action as soon as possible, BellSouth will establish before the relevant appropriate Commission that the technology deployment deployed is causing the significant degradation. Any claims of network harm presented to ALEC Inc., Neutral Tandem or, if subsequently necessary, the relevant Commission must be supported provided by BellSouth with specific and verifiable information. Where When BellSouth demonstrates that a certain technology deployed technology by Neutral Tandem is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., Neutral Tandem shall discontinue deployment of that technology and migrate its customers to other technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment under deployment, pursuant to 47 C.F.R. § 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space KMC Telecom shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., KMC Telecom violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,KMC Telecom, which notice shall direct ALEC Inc., KMC Telecom to cure the violation within forty-eight (48) hours of ALEC Inc.,KMC Telecom’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., KMC Telecom fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,KMC Telecom’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., KMC Telecom prior to taking such action and shall have no liability to ALEC Inc., KMC Telecom for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., KMC Telecom fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., KMC Telecom or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., KMC Telecom shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space ALCALL shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications services; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities any other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., ALCALL violates the provisions of this paragraph, BellSouth shall give provide written notice to ALEC Inc.,ALCALL, which notice shall direct ALEC Inc., ALCALL to cure the violation within forty-eight (48) hours of ALEC Inc.,ALCALL’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect conduct an inspection of the arrangementCollocation Space. 5.8.1 5.11.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., ALCALL fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which that poses an immediate and substantial threat of damage to property, property or injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event event, BellSouth may take such action as it deems appropriate to correct the violationviolation including, including without limitation limitation, the interruption of electrical power to ALEC Inc.,ALCALL’s equipmentequipment and/or facilities. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., ALCALL prior to the taking of such action and BellSouth shall have no liability to ALEC Inc., ALCALL for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.11.2 For purposes of this sectionSection, the term “significantly degrade degrades” shall mean be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., ALCALL fails to take Version 3Q03: 11/12/2003 curative action within 48 forty-eight (48) hours then of ALCALL’s receipt of written notice, BellSouth will establish before the relevant appropriate Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., ALCALL or, if subsequently necessary, the relevant Commission must be supported provided by BellSouth with specific and verifiable information. Where When BellSouth demonstrates that a certain technology deployed technology by ALCALL is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., ALCALL shall discontinue deployment of that technology and migrate its customers to other technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space DeltaCom shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., DeltaCom violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,DeltaCom, which notice shall direct ALEC Inc., DeltaCom to cure the violation within forty-eight (48) hours of ALEC Inc.,DeltaCom’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.11.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., DeltaCom fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,DeltaCom’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., DeltaCom prior to taking such action and shall have no liability to ALEC Inc., DeltaCom for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.11.2 For purposes of this sectionSection, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., DeltaCom fails to take curative action within 48 forty-eight (48) hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., DeltaCom or, if subsequently necessary, the relevant Commission must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., DeltaCom shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space BBOC shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., BBOC violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,BBOC, which notice shall direct ALEC Inc., BBOC to cure the violation within forty-eight (48) hours of ALEC Inc.,BBOC’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., BBOC fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,BBOC’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., BBOC prior to taking such action and shall have no liability to ALEC Inc., BBOC for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., BBOC fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., BBOC or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., BBOC shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, ALCALL shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment and facilities placed in the Remote Collocation Space shall not any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4)creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., ALCALL violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,ALCALL, which notice shall direct ALEC Inc., ALCALL to cure the violation within forty-eight (48) hours of ALEC Inc.,ALCALL’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.10.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., ALCALL fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectorentity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,ALCALL’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., ALCALL prior to taking such action and shall have no liability to ALEC Inc., ALCALL for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.10.2 For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., ALCALL fails to take curative action within 48 forty-eight (48) hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., ALCALL or, if subsequently necessary, the relevant Commission must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., ALCALL shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space MTS Communications shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., MTS Communications violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,MTS Communications, which notice shall direct ALEC Inc., MTS Communications to cure the violation within forty-eight (48) hours of ALEC Inc.,MTS Communications’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., MTS Communications fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,MTS Communications’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., MTS Communications prior to taking such action and shall have no liability to ALEC Inc., MTS Communications for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., MTS Communications fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., MTS Communications or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., MTS Communications shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space GulfPines shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications services; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities any other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., GulfPines violates the provisions of this paragraph, BellSouth shall give provide written notice to ALEC Inc.,GulfPines, which notice shall direct ALEC Inc., GulfPines to cure the violation within forty-eight (48) hours of ALEC Inc.,’s actual GulfPines’ receipt of written notice or, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect conduct an inspection of the arrangementCollocation Space. 5.8.1 5.11.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., GulfPines fails to take curative action within 48 forty-eight (48) hours or if the Version 2Q03: 07/21/03 violation is of a character which that poses an immediate and substantial threat of damage to property, property or injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event event, BellSouth may take such action as it deems appropriate to correct the violationviolation including, including without limitation limitation, the interruption of electrical power to ALEC Inc.,’s equipmentGulfPines’ equipment and/or facilities. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., GulfPines prior to the taking of such action and BellSouth shall have no liability to ALEC Inc., GulfPines for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.11.2 For purposes of this sectionSection, the term “significantly degrade degrades” shall mean be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., GulfPines fails to take curative action within 48 forty-eight (48) hours then of GulfPines’ receipt of written notice, BellSouth will establish before the relevant appropriate Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., GulfPines or, if subsequently necessary, the relevant Commission must be supported provided by BellSouth with specific and verifiable information. Where When BellSouth demonstrates that a certain technology deployed technology by GulfPines is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., GulfPines shall discontinue deployment of that technology and migrate its customers to other technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-newly deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space DukeNet shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications services; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities any other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., DukeNet violates the provisions of this paragraph, BellSouth shall give provide written notice to ALEC Inc.,DukeNet, which notice shall direct ALEC Inc., DukeNet to cure the violation within forty-eight (48) hours of ALEC Inc.,DukeNet’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect conduct an inspection of the arrangement. 5.8.1 5.11.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., DukeNet fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which that poses an immediate and substantial threat of damage to property, property or injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event event, BellSouth may take such action as it deems appropriate to correct the violation, including including, without limitation limitation, the interruption of electrical power to ALEC Inc.,DukeNet’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., DukeNet prior to the taking of such action and BellSouth shall have no liability to ALEC Inc., DukeNet for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.11.2 For purposes of this sectionSection, the term “significantly degrade degrades” shall mean be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of Version 1Q03: 02/28/03 other advanced services or traditional voice band services and ALEC Inc., DukeNet fails to take curative action within 48 hours forty-eight (48) hours, then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., DukeNet or, if subsequently necessary, the relevant Commission must be supported by BellSouth with specific and verifiable information. Where When BellSouth demonstrates that a certain technology deployed technology by DukeNet is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., DukeNet shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, Teleconex shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment and facilities placed in the Remote Collocation Space shall not any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4)creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., Teleconex violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,Teleconex, which notice shall direct ALEC Inc., Teleconex to cure the violation within forty-eight (48) hours of ALEC Inc.,Teleconex’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.10.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., Teleconex fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectorentity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,Teleconex’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., Teleconex prior to taking such action and shall have no liability to ALEC Inc., Teleconex for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.10.2 For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., Teleconex fails to take curative action within 48 forty-eight (48) hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., Teleconex or, if subsequently necessary, the relevant Commission must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., Teleconex shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, DukeNet shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment and facilities placed in the Remote Collocation Space shall not any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4)creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., DukeNet violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,DukeNet, which notice shall direct ALEC Inc., DukeNet to cure the violation within forty-eight (48) hours of ALEC Inc.,DukeNet’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.10.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., DukeNet fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectorentity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,DukeNet’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., DukeNet prior to taking such action and shall have no liability to ALEC Inc., DukeNet for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.10.2 For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., DukeNet fails to take curative action within 48 forty-eight (48) hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., DukeNet or, if subsequently necessary, the relevant Commission must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., DukeNet shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this AttachmentAgreement, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other interconnector Interconnector located in the Remote Site LocationCentral Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, the Remote Collocation Space, or the Remote Site LocationCentral Office; shall not compromise the privacy of any communications carried in, from, or through the Remote Site LocationCentral Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc.ALEC, violates Inc. violate the provisions of this paragraph, BellSouth shall give written notice to ALEC ALEC, Inc.,, which notice shall direct ALEC Inc.ALEC, Inc. to cure the violation within forty-eight (48) hours of ALEC ALEC, Inc.,’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services. If ▇▇▇▇, if ALEC Inc., Inc. fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouth ▇▇▇▇▇▇▇▇▇ or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC ALEC, Inc.,’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc.ALEC, Inc. prior to taking such action and shall have no liability to ALEC Inc.ALEC, Inc. for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., or, if subsequently necessary, the relevant Commission must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space Teleconex shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications services; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities any other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., Teleconex violates the provisions of this paragraph, BellSouth shall give provide written notice to ALEC Inc.,Teleconex, which notice shall direct ALEC Inc., Teleconex to cure the violation within forty-eight (48) hours of ALEC Inc.,Teleconex’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect conduct an inspection of the arrangement. 5.8.1 5.11.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., Teleconex fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which that poses an immediate and substantial threat of damage to property, property or injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event event, BellSouth may take such action as it deems appropriate to correct the Version 1Q03: 02/28/03 violation, including including, without limitation limitation, the interruption of electrical power to ALEC Inc.,Teleconex’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., Teleconex prior to the taking of such action and BellSouth shall have no liability to ALEC Inc., Teleconex for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.11.2 For purposes of this sectionSection, the term “significantly degrade degrades” shall mean be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., Teleconex fails to take curative action within 48 hours forty-eight (48) hours, then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., Teleconex or, if subsequently necessary, the relevant Commission must be supported by BellSouth with specific and verifiable information. Where When BellSouth demonstrates that a certain technology deployed technology by Teleconex is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., Teleconex shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space NOS Communications, Inc. shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc.NOS Communications, Inc. violates the provisions of this paragraph, BellSouth shall give written notice to ALEC NOS Communications, Inc.,, which notice shall direct ALEC Inc.NOS Communications, Inc. to cure the violation within forty-eight (48) hours of ALEC NOS Communications, Inc.,’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc.NOS Communications, Inc. fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC NOS Communications, Inc.,’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc.NOS Communications, Inc. prior to taking such action and shall have no liability to ALEC Inc.NOS Communications, Inc. for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc.NOS Communications, Inc. fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc.NOS Communications, Inc. or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc.NOS Communications, Inc. shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this AttachmentAgreement, equipment and facilities placed in the Remote Collocation Space CLEC-1 shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., CLEC-1 violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,CLEC-1, which notice shall direct ALEC Inc., CLEC-1 to cure the violation within forty-forty- eight (48) hours of ALEC Inc.,CLEC-1’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.11.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., CLEC-1 fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,CLEC-1’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., CLEC-1 prior to taking such action and shall have no liability to ALEC Inc., CLEC-1 for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.11.2 For purposes of this sectionSection, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., CLEC-1 fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., CLEC-1 or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., CLEC-1 shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-newly- deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space ▇▇▇▇▇▇▇▇.▇▇▇ shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., ▇▇▇▇▇▇▇▇.▇▇▇ violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,▇▇▇▇▇▇▇▇.▇▇▇, which notice shall direct ALEC Inc., ▇▇▇▇▇▇▇▇.▇▇▇ to cure the violation within forty-eight (48) hours of ALEC Inc.,▇▇▇▇▇▇▇▇.▇▇▇’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., ▇▇▇▇▇▇▇▇.▇▇▇ fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,▇▇▇▇▇▇▇▇.▇▇▇’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., ▇▇▇▇▇▇▇▇.▇▇▇ prior to taking such action and shall have no liability to ALEC Inc., ▇▇▇▇▇▇▇▇.▇▇▇ for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., ▇▇▇▇▇▇▇▇.▇▇▇ fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., ▇▇▇▇▇▇▇▇.▇▇▇ or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., ▇▇▇▇▇▇▇▇.▇▇▇ shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space SouthEast shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth AT&T or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth AT&T or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth AT&T reasonably determines that any equipment or facilities of ALEC Inc., SouthEast violates the provisions of this paragraph, BellSouth AT&T shall give written notice to ALEC Inc.,SouthEast, which notice shall direct ALEC Inc., SouthEast to cure the violation within forty-eight (48) hours of ALEC Inc.,SouthEast’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., SouthEast fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth AT&T’s or any other interconnectoranother entity’s service, then and only in that event BellSouth AT&T may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,SouthEast’s equipment. BellSouth AT&T will endeavor, but is not required, to provide notice to ALEC Inc., SouthEast prior to taking such action and shall have no liability to ALEC Inc., SouthEast for any damages arising from such action, except to the extent that such action by BellSouth AT&T constitutes willful misconduct. 5.8.2 7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., SouthEast fails to take curative action within 48 hours then BellSouth AT&T will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., SouthEast or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth AT&T demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., SouthEast shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, GulfPines shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment and facilities placed in the Remote Collocation Space shall not any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., GulfPines violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,GulfPines, which notice shall direct ALEC Inc., GulfPines to cure the violation within forty-eight (48) hours of ALEC Inc.,’s GulfPines’ actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.10.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., GulfPines fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectorentity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,’s GulfPines’ equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., GulfPines prior to taking such action and shall have no liability to ALEC Inc., GulfPines for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.10.2 For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., GulfPines fails to take curative action within 48 forty-eight (48) hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., GulfPines or, if subsequently necessary, the relevant Commission must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., GulfPines shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-newly deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space NOS Communications, Inc. shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc.NOS Communications, Inc. violates the provisions of this paragraph, BellSouth shall give written notice to ALEC NOS Communications, Inc.,, which notice shall direct ALEC Inc.NOS Communications, Inc. to cure the violation within forty-forty- eight (48) hours of ALEC NOS Communications, Inc.,’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc.NOS Communications, Inc. fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC NOS Communications, Inc.,’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc.NOS Communications, Inc. prior to taking such action and shall have no liability to ALEC Inc.NOS Communications, Inc. for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc.NOS Communications, Inc. fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc.NOS Communications, Inc. or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc.NOS Communications, Inc. shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space LCT shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., LCT violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,LCT, which notice shall direct ALEC Inc., LCT to cure the violation within forty-eight (48) hours of ALEC Inc.,LCT’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., LCT fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,LCT’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., LCT prior to taking such action and shall have no liability to ALEC Inc., LCT for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., LCT fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., LCT or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., LCT shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. CFR 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space BTC shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., BTC violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,BTC, which notice shall direct ALEC Inc., BTC to cure the violation within forty-eight (48) hours of ALEC Inc.,BTC’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., BTC fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,BTC’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., BTC prior to taking such action and shall have no liability to ALEC Inc., BTC for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., BTC fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., BTC or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., BTC shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this AttachmentExhibit, equipment and facilities placed in the Remote Collocation Space WinStar shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., WinStar violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,WinStar, which notice shall direct ALEC Inc., WinStar to cure the violation within forty-eight (48) hours of ALEC Inc.,WinStar’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 5.7.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., WinStar fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,WinStar’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., WinStar prior to taking such action and shall have no liability to ALEC Inc., WinStar for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.8.2 5.7.2 For purposes of this sectionSection 5.7, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., WinStar fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., WinStar or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., WinStar shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this AttachmentAgreement, equipment and facilities placed in the Remote Collocation Space T-Mobile shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ALEC Inc., T-Mobile violates the provisions of this paragraph, BellSouth shall give written notice to ALEC Inc.,T-Mobile, which notice shall direct ALEC Inc., T-Mobile to cure the violation within forty-eight (48) hours of ALEC Inc.,T-Mobile’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., T-Mobile fails to take curative action within 48 said forty-eight (48) hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth BellSouth’s or any other interconnectoranother entity’s service, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,T-Mobile’s equipment. BellSouth will endeavor, but is not required, to provide notice to ALEC Inc., T-Mobile prior to taking such action and shall have no liability to ALEC Inc., T-Mobile for any damages arising from such action, except to the extent that such action by BellSouth constitutes gross negligence or willful misconduct. 5.8.2 For purposes of this sectionSection 5.8, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., T-Mobile fails to take curative action within 48 forty-eight (48) hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., T-Mobile or, if subsequently necessary, the relevant Commission Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., T-Mobile shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under Section 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Attachment, equipment and facilities placed in the Remote Collocation Space BellSouth shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that 1) significantly degradedegrades, interfere interferes with or impair impairs service provided by BellSouth ITC^DeltaCom or by any other interconnector located in entity or any person’s use of its telecommunications service; 2) endangers or damages the Remote Site Location; shall not endanger equipment, facilities or damage the facilities other property of BellSouth ITC^DeltaCom or of any other interconnector, the Remote Collocation Space, entity or the Remote Site Locationperson; shall not compromise 3) compromises the privacy of any communications carried in, from, communications; or through the Remote Site Location; and shall not create 4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth ITC^DeltaCom reasonably determines that any equipment or facilities of ALEC Inc., BellSouth violates the provisions of this paragraph, BellSouth ITC^DeltaCom shall give written notice to ALEC Inc.,BellSouth, which notice shall direct ALEC Inc., BellSouth to cure the violation within forty-eight (48) hours of ALEC Inc.,BellSouth’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 twenty-four (24) hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. 5.8.1 4.1 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if ALEC Inc., BellSouth fails to take curative action within 48 forty-eight (48) hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or any other interference/significant degradation, interference or impairment of the services provided by BellSouth ITC^DeltaCom’s or any other interconnectoranother entity’s service, then and only in that event BellSouth ITC^DeltaCom may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ALEC Inc.,BellSouth’s equipment. BellSouth ITC^DeltaCom will endeavor, but is not required, to provide notice to ALEC Inc., BellSouth prior to taking such action and shall have no liability to ALEC Inc., BellSouth for any damages arising from such action, except to the extent that such action by BellSouth ITC^DeltaCom constitutes willful misconduct. 5.8.2 4.2 For purposes of this sectionSection, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and ALEC Inc., BellSouth fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to ALEC Inc., or, if subsequently necessary, the relevant Commission must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, ALEC Inc., shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newlyforty-deployed technology.eight