Common use of Replacement Service Clause in Contracts

Replacement Service. In the event Customer's business requirements change, requiring Customer to replace OC-3c/OC-12c Service provided hereunder ("Original Service") with new technology (hereinafter "Replacement Service"), Customer shall provide written notice of its intent to replace Original Service with Replacement Service from WorldCom. During the final six (6) months of the Customer Commitment Period, WorldCom shall not accept Customer orders for Replacement Service. Provided Customer is not in default of its obligations under this Agreement, Customer may cancel and upgrade Original Service to Replacement Service without being subject to any cancellation charge relevant to the Original Service under the following conditions: ***Confidential treatment has been requested for certain portions of this document. Such omitted portions have been filed separately with the Securities and Exchange Commission. A. Customer shall provide WorldCom with at least forty-five (45) days' written notice prior to the effective date of cancellation of the Original Service and concurrently therewith submits a Service Order for Replacement Service having a Requested Service Date concurrent with the effective date of such cancellation. B. The Replacement Service is available and uncommitteed. C. The cities served by the Original Service continue to be served by the Replacement Service and when applicable, a reconfiguration of the Original Service which is available, i.e., cities served prior to the upgrade continue to be served by the Replacement Service following the upgrade. D. Customer will be liable for costs, if any, reasonably incurred by WorldCom from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation, provided WorldCom notifies Customer of such costs within a reasonable time following receipt of Customer's Service Order to effect a cancellation and obtain Replacement Service. E. Replacement Service shall have a similar Minimum Monthly Commitment as Original Service. The Customer Commitment Period for Replacement Service shall be similar to the Original Service.

Replacement Service. In the event Customer's business requirements change, requiring Customer to replace OC-3c/OC-12c Service provided hereunder ("Original Service") with new technology (hereinafter "Replacement Service"), Customer shall provide written notice of its intent to replace Original Service with Replacement Service from WorldCom. During the final six (6) months of the Customer Commitment Period, WorldCom shall not accept Customer orders for Replacement Service. Provided Customer is not in default of its obligations under this Agreement, Customer may cancel and upgrade Original Service to Replacement Service without being subject to any cancellation charge relevant to the Original Service under the following conditions: ***Confidential treatment has been requested for certain portions of this document. Such omitted portions have been filed separately with the Securities and Exchange Commission.: A. Customer shall provide WorldCom with at least forty-five (45) days' written notice prior to the effective date of cancellation of the Original Service and concurrently therewith submits a Service Order for Replacement Service having a Requested Service Date concurrent with the effective date of such cancellation. B. The Replacement Service is available and uncommitteed. C. The cities served by the Original Service continue to be served by the Replacement Service and when applicable, a reconfiguration of the Original Service which is available, i.e., cities served prior to the upgrade continue to be served by the Replacement Service following the upgrade. D. Customer will be liable for costs, if any, reasonably incurred by WorldCom from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation, provided WorldCom notifies Customer of such costs within a reasonable time following receipt of Customer's Service Order to effect a cancellation and obtain Replacement Service. E. Replacement Service shall have a similar Minimum Monthly Commitment as Original Service. The Customer Commitment Period for Replacement Service shall be similar to the Original Service.