Common use of Technology Upgrades Clause in Contracts

Technology Upgrades. Nothing in this Agreement shall limit BA's ability to upgrade its network through the incorporation of new equipment, new software or otherwise. BA shall provide Covad written notice at least ninety (90) days prior to the incorporation of any such upgrades in BA's network that will materially affect Covad's service, and shall exercise reasonable efforts to provide at least one hundred eighty (180) days notice where practicable. In addition, BA shall comply with the FCC Network Disclosure rules, promulgated purusant to Title II of the Act and, in particular, Section 251(c)(5) of the Act, set forth in the FCC Regulations to the extent applicable. Covad shall be solely responsible for the cost and effort of accommodating such changes in its own network.

Technology Upgrades. Nothing in this Agreement shall limit BA's ability to upgrade its network through the incorporation of new equipment, new software or otherwise. BA shall provide Covad written notice at least ninety (90) days prior to the incorporation of any such upgrades in BA's network that will materially affect Covad's ’s service, and shall exercise reasonable efforts to provide at least one hundred eighty (180) days notice where practicable. In addition, BA shall comply with the FCC Network Disclosure rules, promulgated purusant pursuant to Title II of the Act and, in particular, Section 251(c)(5) of the Act, set forth in the FCC Regulations to the extent applicable. Covad shall be solely responsible for the cost and effort of accommodating such changes in its own network.

Technology Upgrades. Nothing in this Agreement shall limit BA's ability to upgrade its network through the incorporation of new equipment, new software or otherwise. BA shall provide Covad written notice at least ninety (90) days prior to the incorporation of any such upgrades in BA's network that will materially affect Covad's ’s service, and shall exercise reasonable efforts to provide at least one hundred eighty (180) days notice where practicable. In addition, BA shall comply with the FCC Network Disclosure rules, promulgated purusant to Title II of the Act and, in particular, Section 251(c)(5) of the Act, set forth in the FCC Regulations to the extent applicable. Covad shall be solely responsible for the cost and effort of accommodating such changes in its own network.