Common use of Technology Evolution Clause in Contracts

Technology Evolution. 5.1 Nothing in this Agreement shall constrain or otherwise limit AT&T-22STATE from continuing to evolve and otherwise modify its networks by, for example, deploying new and different technologies and altering the manner in which products and/or services are provided, including without limitation the products and/or services provided for in the Attachments. AT&T-22STATE shall retain the right to deliver those products and/or services, including without limitation local exchange service, over the technologies and in the manner that AT&T-22STATE chooses. 5.2 Notwithstanding anything to the contrary in this Agreement, nothing herein shall obligate AT&T-22STATE to provide the Services or otherwise to offer Carrier under this Agreement access to any fiber-to-the- premise, fiber-to-the-home or fiber-to-the-curb facilities as defined in 47 C.F.R. 51.319(a)(3) or any other facilities that AT&T-22STATE may have deployed or that AT&T-22STATE may deploy other than, in the case of AT&T- 13STATE Line Share One and AT&T- 9STATE Line Share, Central Office-based all copper loops as more specifically defined in the AT&T -13STATE Line Share One Attachment and the AT&T - 9STATE Line Share Attachment to this Agreement and, in the case of ABBS, next generation digital loop carrier facilities deployed by AT&T-13STATE, as more specifically defined in the AT&T-13STATE ABBS Attachment to this Agreement, including any upgrades to such facilities as provided in Section 6 of the AT&T-13STATE ABBS Attachment.