Common use of Additional Fair Competition Requirements Clause in Contracts

Additional Fair Competition Requirements. 40.1 In the event that AT&T transfers facilities or other assets to an Affiliate during the term of this Agreement, which are necessary in order for AT&T to comply with its obligations under this Agreement, and AT&T is required by law to continue to provide such interconnection, services or network elements under this Agreement even after such transfer, then such obligations hereunder shall survive and AT&T shall continue to perform such obligations. In the event that AT&T transfers facilities or other assets to an Affiliate during the term of this Agreement, which are necessary in order for AT&T to comply with its obligations under this Agreement, and AT&T is relieved of its obligations to provide such interconnection, services or network elements, but such Affiliate is required by law to perform such obligations to the extent that AT&T was required to, then AT&T shall be relieved of its obligations hereunder and such obligations shall survive and transfer to such Affiliate pursuant to the Assignment Section hereof. 40.2 AT&T shall allow NuVox’s local exchange customers to select AT&T for the provision of intraLATA toll services to the extent AT&T makes such stand alone intraLATA services available to the general public on a nondiscriminatory basis. 40.3 Each Party shall protect the confidentiality of proprietary information of, and relating to, the other Party and its customers or any other carrier. If either Party receives or obtains proprietary information from the other for the purposes of providing services under this agreement, such Party shall use such information only for such purpose and shall not use such information for its own marketing purpose.

Additional Fair Competition Requirements. 40.1 In the event that AT&T transfers facilities or other assets to an Affiliate during the term of this Agreement, which are necessary in order for AT&T to comply with its obligations under this Agreement, and AT&T is required by law to continue to provide such interconnection, services or network elements under this Agreement even after such transfer, then such obligations hereunder shall survive and AT&T shall continue to perform such obligations. In the event that AT&T transfers facilities or other assets to an Affiliate during the term of this Agreement, which are necessary in order for AT&T to comply with its obligations under this Agreement, and AT&T is relieved of its obligations to provide such interconnection, services or network elements, but such Affiliate is required by law to perform such obligations to the extent that AT&T was required to, then Page 3249 of 228849 AT&T shall be relieved of its obligations hereunder and such obligations shall survive and transfer to such Affiliate pursuant to the Assignment Section hereof. 40.2 AT&T shall allow NuVox’s local exchange customers to select AT&T for the provision of intraLATA toll services to the extent AT&T makes such stand alone intraLATA services available to the general public on a nondiscriminatory basis. 40.3 Each Party shall protect the confidentiality of proprietary information of, and relating to, the other Party and its customers or any other carrier. If either Party receives or obtains proprietary information from the other for the purposes of providing services under this agreement, such Party shall use such information only for such purpose and shall not use such information for its own marketing purpose.