Common use of New Business Request Clause in Contracts

New Business Request. 3.1 A New Business Request (NBR) is to be used by Dialtone & More to make a request of BellSouth for a new or modified feature or capability of an existing product or service, a new product or service that is not deployed within the BellSouth network or operations and business support systems, or a new or modified service option that was not previously included in this Agreement (Requested Enhanced Services). 3.2 An NBR shall be submitted in writing by Dialtone & More and shall specifically identify the requested service date, technical requirements, space requirements and/or such specifications that clearly define the request such that BellSouth has sufficient information to analyze and prepare a response. The request shall be sent to Dialtone & More’s designated BellSouth Sales contact. 3.3 If BellSouth determines that the preliminary analysis of the requested NBR is of such complexity that it will cause BellSouth to expend inordinate resources to evaluate the NBR, BellSouth shall notify Dialtone & More that a fee will be required prior to the evaluation of the NBR. Dialtone & More shall submit such fee within ten (10) business days of BellSouth’s notice that a fee is required. BellSouth shall use reasonable efforts to respond to the NBR within (30) business days following BellSouth’s receipt of the fee by providing a preliminary analysis of such Requested Enhanced Services that are the subject of the NBR. The preliminary analysis shall either confirm that BellSouth will offer access to the Requested Enhanced Services or confirm that BellSouth will not offer the Requested Enhanced Services. If the preliminary analysis states that BellSouth will not offer the Requested Services, BellSouth will provide an explanation of why the request is not technically feasible, does not qualify as an NBR for the Requested Services or is otherwise not required to be provided under the Act. If preliminary analysis of the requested NBR is not of such complexity that it will cause BellSouth to expend inordinate resources to evaluate the NBR, BellSouth will use reasonable efforts to respond to Dialtone & More within thirty (30) business days of its receipt of an NBR by providing a preliminary analysis of such Requested Services that are the subject of the NBR. The preliminary analysis shall either confirm that BellSouth will offer access to the Requested Enhanced Services or confirm that BellSouth will not offer the Requested Enhanced Services. If the preliminary analysis states that BellSouth will not offer the Requested Services, BellSouth will provide an explanation of why the request is not technically feasible, does not qualify as an NBR for the Requested Services or is otherwise not required to be provided under the Act. 3.4 Dialtone & More may cancel an NBR at any time. If Dialtone & More cancels the request more than ten (10) business days after submitting it, Dialtone & More shall pay BellSouth’s reasonable and demonstrable costs of processing and/or implementing the NBR up to the date of cancellation in addition to any fee submitted in accordance with Section 3.3 above. 3.5 Dialtone & More will have thirty (30) business days from receipt of preliminary analysis to accept the preliminary analysis or cancel the NBR as set forth in section 3.4. Acceptance of the preliminary analysis must be in writing and accompanied by all nonrecurring charges quoted in the preliminary analysis. The nonrecurring charges as stated in the preliminary analysis cover the initial work required to develop the project plan, create the design parameters, and establish all activities and resources required to complete the NBR. If Dialtone & More fails to respond within this 30-day period, the NBR will be deemed cancelled. 3.6 If Dialtone & More accepts the preliminary analysis, BellSouth shall propose a firm price quote and a detailed implementation plan within sixty (60) business days of receipt of Dialtone & More’s acceptance of the preliminary analysis and nonrecurring fees quoted in the preliminary analysis. 3.7 Dialtone & More shall have thirty (30) business days from receipt of the firm price quote to accept or deny the firm price quote and submit any additional nonrecurring, non-refundable fees quoted in the firm price quote. 3.8 Upon agreement to the terms of a NBR, an amendment to this Agreement, or a separate agreement, may be required.

New Business Request. 3.1 A New Business Request (NBR) is to be used by Dialtone & More Ohio County Networks to make a request of BellSouth for a new or modified feature or capability of an existing product or service, a new product or service that is not deployed within the BellSouth network or operations and business support systems, or a new or modified service option that was not previously included in this Agreement (Requested Enhanced Services). 3.2 An NBR shall be submitted in writing by Dialtone & More Ohio County Networks and shall specifically identify the requested service date, technical requirements, space requirements and/or such specifications that clearly define the request such that BellSouth has sufficient information to analyze and prepare a response. The request shall be sent to Dialtone & MoreOhio County Networks’s designated BellSouth Sales contact. 3.3 If BellSouth determines that the preliminary analysis of the requested NBR is of such complexity that it will cause BellSouth to expend inordinate resources to evaluate the NBR, BellSouth shall notify Dialtone & More Ohio County Networks that a fee will be required prior to the evaluation of the NBR. Dialtone & More Ohio County Networks shall submit such fee within ten (10) business days of BellSouth’s notice that a fee is required. BellSouth shall use reasonable efforts to respond to the NBR within (30) business days following BellSouth’s receipt of the fee by providing a preliminary analysis of such Requested Enhanced Services that are the subject of the NBR. The preliminary analysis shall either confirm that BellSouth will offer access to the Requested Enhanced Services or confirm that BellSouth will not offer the Requested Enhanced Services. If the preliminary analysis states that BellSouth will not offer the Requested Services, BellSouth will provide an explanation of why the request is not technically feasible, does not qualify as an NBR for the Requested Services or is otherwise not required to be provided under the Act. If preliminary analysis of the requested NBR is not of such complexity that it will cause BellSouth to expend inordinate resources to evaluate the NBR, BellSouth will use reasonable efforts to respond to Dialtone & More Ohio County Networks within thirty (30) business days of its receipt of an NBR by providing a preliminary analysis of such Requested Services that are the subject of the NBR. The preliminary analysis shall either confirm that BellSouth will offer access to the Requested Enhanced Services or confirm that BellSouth will not offer the Requested Enhanced Services. If the preliminary analysis states that BellSouth will not offer the Requested Services, BellSouth will provide an explanation of why the request is not technically feasible, does not qualify as an NBR for the Requested Services or is otherwise not required to be provided under the Act. 3.4 Dialtone & More Ohio County Networks may cancel an NBR at any time. If Dialtone & More Ohio County Networks cancels the request more than ten (10) business days after submitting it, Dialtone & More Ohio County Networks shall pay BellSouth’s reasonable and demonstrable costs of processing and/or implementing the NBR up to the date of cancellation in addition to any fee submitted in accordance with Section 3.3 above. 3.5 Dialtone & More Ohio County Networks will have thirty (30) business days from receipt of preliminary analysis to accept the preliminary analysis or cancel the NBR as set forth in section 3.4. Acceptance of the preliminary analysis must be in writing and accompanied by all nonrecurring charges quoted in the preliminary analysis. The nonrecurring charges as stated in the preliminary analysis cover the initial work required to develop the project plan, create the design parameters, and establish all activities and resources required to complete the NBR. If Dialtone & More Ohio County Networks fails to respond within this 30-day period, the NBR will be deemed cancelled. 3.6 If Dialtone & More Ohio County Networks accepts the preliminary analysis, BellSouth shall propose a firm price quote and a detailed implementation plan within sixty (60) business days of receipt of Dialtone & MoreOhio County Networks’s acceptance of the preliminary analysis and nonrecurring fees quoted in the preliminary analysis. 3.7 Dialtone & More Ohio County Networks shall have thirty (30) business days from receipt of the firm price quote to accept or deny the firm price quote and submit any additional nonrecurring, non-refundable fees quoted in the firm price quote. 3.8 Upon agreement to the terms of a NBR, an amendment to this Agreement, or a separate agreement, may be required.