Common use of Additional Terms Governing Resale and Use of BA Services Clause in Contracts

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS shall undertake in good faith to ensure that its Customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 Without in any way limiting subsection 12.3.1, GNAPS shall not resell (a) residential service to business or other nonresidential Customers of GNAPS, {b} Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 BA shall not be obligated to offer to GNAPS at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPS’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx rendered to GNAPS by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPS. 12.3.5 GNAPS shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPS’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 Focal shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS Focal shall undertake make reasonable efforts in good faith to ensure that its Customers comply with the provisions of BA’s 's Tariffs applicable to their use of BA’s 's Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS Focal shall not resell (a) residential service to business or other nonresidential Customers of GNAPSFocal, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS Focal shall be subject to the same limitations that BA’s 's own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable LawLaws, discontinue offering. Except as otherwise provided by this Agreement or Applicable Laws, BA will give Focal notice in writing or electronically (which may be by giving Focal access to a database or an Internet site that contains the applicable information, or by other electronic means) of material modification of the operation, or discontinuance, of BA Retail Telecommunications Services (as defined in Schedule 12.3) furnished under this Agreement for resale at least 60 days prior to the time the material modification or discontinuance becomes effective. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS Focal at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS 12.4.4 Focal shall provide to BA BA, in accordance with BA's Tariffs, adequate assurance of payment of charges due to BA in connection with GNAPS’s Focal's purchase of BA services Telecommunications Services for resale. Assurance For the purposes of payment providing such adequate assurance of charges may payment, Focal shall be requested by BA: if GNAPS (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself deemed to be creditworthy; (b) in BA’s reasonable judgmenta business customer, at the Effective Date or at any time thereafter, even if Focal is not creditworthy; or, (c) fails purchasing Telecommunications Services for resale to timely pay a xxxx rendered to GNAPS by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSresidential customers. 12.3.5 GNAPS 12.4.5 Focal shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Xxxx Atlantic Retail Telecommunications ServicesServices (as defined in Schedule 12.3), in return for tryingtying, agreeing to purchase, purchasing, or using BA Xxxx Atlantic Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPS’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 MFS shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS MFS shall undertake make reasonable efforts in good faith to ensure that its Customers comply with the provisions of BA’s 's Tariffs applicable to their use of BA’s 's Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS MFS shall not resell (a) residential service to business or other nonresidential Customers of GNAPSMFS, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS MFS shall be subject to the same limitations that BA’s 's own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable LawLaws, discontinue offering. Except as otherwise provided by this Agreement or Applicable Laws, BA will give MFS notice in writing or electronically (which may be by giving MFS access to a database or an Internet site that contains the applicable information, or by other electronic means) of material modification of the operation, or discontinuance, of BA Retail Telecommunications Services (as defined in Schedule 12.3) furnished under this Agreement for resale at least 60 days prior to the time the material modification or discontinuance becomes effective. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS MFS at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS 12.4.4 MFS shall provide to BA BA, in accordance with BA's Tariffs, adequate assurance of payment of charges due to BA in connection with GNAPS’s MFS's purchase of BA services Telecommunications Services for resale. Assurance For the purposes of payment providing such adequate assurance of charges may payment, MFS shall be requested by BA: if GNAPS (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself deemed to be creditworthy; (b) in BA’s reasonable judgmenta business customer, at the Effective Date or at any time thereafter, even if MFS is not creditworthy; or, (c) fails purchasing Telecommunications Services for resale to timely pay a xxxx rendered to GNAPS by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSresidential customers. 12.3.5 GNAPS 12.4.5 MFS shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Xxxx Atlantic Retail Telecommunications ServicesServices (as defined in Schedule 12.3), in return for trying, agreeing to purchase, purchasing, or using BA Xxxx Atlantic Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPS’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 MFS shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS MFS shall undertake make reasonable efforts in good faith to ensure that its Customers comply with the provisions of BA’s 's Tariffs applicable to their use of BA’s 's Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS MFS shall not resell (a) residential service to business or other nonresidential Customers of GNAPSMFS, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Ba Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS MFS shall be subject to the same limitations that BA’s 's own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable LawLaws, discontinue offering. Except as otherwise provided by this Agreement or Applicable Laws, BA will give MFS notice in writing or electronically (which may be by giving MFS access to a database or an Internet site that contains the applicable information, or by other electronic means) of material modification of the operation, or discontinuance, of BA Retail Telecommunications Services (as defined in Schedule 12.3) furnished under this Agreement for resale at least 60 days prior to the time the material modification or discontinuance becomes effective. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS MFS at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS 12.4.4 MFS shall provide to BA BA, in accordance with BA's Tariffs, adequate assurance of payment of charges due to BA in connection with GNAPS’s MFS's purchase of BA services Telecommunications Services for resale. Assurance For the purposes of payment providing such adequate assurance of charges may payment. MFS shall be requested by BA: if GNAPS (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself deemed to be creditworthy; (b) in BA’s reasonable judgmenta business customer, at the Effective Date or at any time thereafter, even if MFS is not creditworthy; or, (c) fails purchasing Telecommunications Services for resale to timely pay a xxxx rendered to GNAPS by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSresidential customers. 12.3.5 GNAPS 12.4.5 MFS shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Xxxx Atlantic Retail Telecommunications ServicesServices (as defined in Schedule 12.3), in return for trying, agreeing to purchase, purchasing, or using BA Xxxx Atlantic Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPS’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.10.1 ANTC shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS ANTC shall undertake in good faith to ensure that its Customers customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 12.10.2 Without in any way limiting subsection 12.3.1Subsection 12.10.1, GNAPS ANTC shall not resell (a) residential service to business or other nonresidential Customers customers of GNAPSANTC, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 12.10.3 BA shall not be obligated to offer to GNAPS ANTC at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 12.10.4 Upon request by BA, GNAPS ANTC shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPSANTC’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS ANTC (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx bill rendered to GNAPS by BAANTC . Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS ANTC may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPS.ANTC. [BA TO PROVIDE SIDE LETTER] 12.3.5 GNAPS shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPS’s resale of BA’s retail Telecommunications Services to 12.10.5 To the extent permitted by Applicable LawsLaw, each Party shall allow the other Party access to its customer information regarding bad credit histories to the extent (i) the Party provides such information to other carriers; (ii) there exists a pooling arrangement which permits the Parties’ access to such information. Each Party shall keep the other informed of its current practices for reporting to commercial credit services bad credit information, and update the other Party where reasonably necessary so that the other Party may access such reports.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 ACI shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS ACI shall undertake in good faith to ensure that its Customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS ACI shall not resell (a) residential service to business or other nonresidential Customers of GNAPSACI, {or (b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS ACI shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS ACI at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 12.4.4 Upon request by BA, GNAPS ACI shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPSACI’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS ACI (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx rendered to GNAPS ACI by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS ACI may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSACI. 12.3.5 GNAPS 12.4.5 ACI shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Xxxx Atlantic Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Xxxx Atlantic Retail Telecommunications Services. 12.3.6 12.4.6 BA may impose additional restrictions on GNAPSACI’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 Focal shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS Focal shall undertake make reasonable efforts in good faith to ensure that its Customers comply with the provisions of BA’s 's Tariffs applicable to their use of BA’s 's Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS Focal shall not resell (a) residential service to business or other nonresidential Customers of GNAPSFocal, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS Focal shall be subject to the same limitations that BA’s 's own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable LawLaws, discontinue offering. Except as otherwise provided by this Agreement or Applicable Laws, BA will give Focal notice in writing or electronically (which may be by giving, Focal access to a database or an Internet site that contains the applicable information, or by other electronic means) of material modification of the operation, or discontinuance, of BA Retail Telecommunications Services (as defined in Schedule 12.3) furnished under this Agreement for resale at least 60 days prior to the time the material modification or discontinuance becomes effective. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS Focal at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS 12.4.4 Focal shall provide to BA BA, in accordance with BA's Tariffs, adequate assurance of payment of charges due to BA in connection with GNAPS’s Focal's purchase of BA services Telecommunications Services for resale. Assurance For the purposes of payment providing such adequate assurance of charges may payment, Focal shall be requested by BA: if GNAPS (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself deemed to be creditworthy; (b) in BA’s reasonable judgmenta business customer, at the Effective Date or at any time thereafter, even if Focal is not creditworthy; or, (c) fails purchasing Telecommunications Services for resale to timely pay a xxxx rendered to GNAPS by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSresidential customers. 12.3.5 GNAPS 12.4.5 Focal shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Xxxx Atlantic Retail Telecommunications ServicesServices (as defined in Schedule 12.3), in return for trying, agreeing to purchase, purchasing, or using BA Xxxx Atlantic Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPS’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 ACI shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS ACI shall undertake in good faith to ensure that its Customers comply with the provisions of BA’s 's Tariffs applicable to their use of BA’s 's Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS ACI shall not resell (a) residential service to business or other nonresidential Customers of GNAPSACI, {or (b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS ACI shall be subject to the same limitations that BA’s 's own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS ACI at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 12.4.4 Upon request by BA, GNAPS ACI shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPS’s ACI's purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS ACI (a) in BA’s 's reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s 's reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx rendered to GNAPS ACI by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS ACI may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSACI. 12.3.5 GNAPS 12.4.5 ACI shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Xxxx Atlantic Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Xxxx Atlantic Retail Telecommunications Services. 12.3.6 12.4.6 BA may impose additional restrictions on GNAPS’s ACI's resale of BA’s 's retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 NEXTLINK shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS NEXTLINK shall undertake in good faith to ensure that its Customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS NEXTLINK shall not resell resell (a) residential service to business or other nonresidential Customers of GNAPSNEXTLINK, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS NEXTLINK shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS NEXTLINK at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 12.4.4 Upon request by BA, GNAPS NEXTLINK shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPSNEXTLINK’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS NEXTLINK (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx bill rendered to GNAPS NEXTLINK by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS NEXTLINK may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSNEXTLINK. 12.3.5 GNAPS 12.4.5 NEXTLINK shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Bell Atlantic Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Bell Atlantic Retail Telecommunications Services. 12.3.6 12.4.6 BA may impose additional restrictions on GNAPSNEXTLINK’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 Mpower shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS Mpower shall undertake in good faith to ensure that its Customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.1Section 12.4.1, GNAPS Mpower shall not resell (a) residential service to business or other nonresidential Customers of GNAPSMpower, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable LawsLaw. In addition, GNAPS Mpower shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue discontinues offering. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS Mpower at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPS’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx rendered to GNAPS by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPS. 12.3.5 GNAPS 12.4.4 Mpower shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Retail Telecommunications Services.Services.‌‌‌ 12.3.6 12.4.5 BA may impose additional restrictions on GNAPSMpower’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws. 13.1 To the extent required by Applicable Law, BA shall provide Collocation for the purpose of facilitating Mpower’s Interconnection with facilities or services of BA or access to unbundled Network Elements of BA, except as otherwise mutually agreed to in writing by the Parties. Such Collocation shall be provided pursuant to BA’s applicable federal and state Tariffs as amended from time to time.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS Covad shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS Covad shall undertake in good faith to ensure that its Customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 Without in any way limiting subsection 12.3.1, GNAPS Covad shall not resell (a) residential service to business or other nonresidential Customers of GNAPSCovad, {b} Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS Covad shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 BA shall not be obligated to offer to GNAPS Covad at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS Covad shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPSCovad’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS Covad (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx rendered to GNAPS Covad by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS Covad may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSCovad. 12.3.5 GNAPS Covad shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPSCovad’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 Covad shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS Covad shall undertake in good faith to ensure that its Customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS Covad shall not resell (a) residential service to business or other nonresidential Customers of GNAPSCovad, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS Covad shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS Covad at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 12.4.4 Upon request by BA, GNAPS Covad shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPSXxxxx’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS Xxxxx (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx bill rendered to GNAPS Covad by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS Covad may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSCovad. 12.3.5 GNAPS 12.4.5 Covad shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Bell Atlantic Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Bell Atlantic Retail Telecommunications Services. 12.3.6 12.4.6 BA may impose additional restrictions on GNAPSXxxxx’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 Transwire shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS Transwire shall undertake in good faith to ensure that its Customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS Transwire shall not resell (a) residential service to business or other nonresidential Customers of GNAPSTranswire, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS Transwire shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS Transwire at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPS’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx rendered to GNAPS by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPS. 12.3.5 GNAPS 12.4.4 Transwire shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Xxxx Atlantic Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Xxxx Atlantic Retail Telecommunications Services. 12.3.6 12.4.5 BA may impose additional restrictions on GNAPSTranswire’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws. 12.4.6 BA provided OSS interfaces and procedures are included in the Xxxx Atlantic CLEC Handbook Series, as amended from time to time at the sole discretion of Xxxx Atlantic.

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.10.1 ANTC shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS ANTC shall undertake in good faith to ensure that its Customers customers comply with the provisions of BA’s Tariffs applicable to their use of BA’s Telecommunications Services. 12.3.2 12.10.2 Without in any way limiting subsection 12.3.1Subsection 12.10.1, GNAPS ANTC shall not resell (a) residential service to business or other nonresidential Customers customers of GNAPSANTC, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable Laws. In addition, GNAPS shall be subject to the same limitations that BA’s own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable Law, discontinue offering. 12.3.3 12.10.3 BA shall not be obligated to offer to GNAPS ANTC at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 12.10.4 Upon request by BA, GNAPS ANTC shall provide to BA adequate assurance of payment of charges due to BA in connection with GNAPSANTC’s purchase of BA services for resale. Assurance of payment of charges may be requested by BA: if GNAPS ANTC (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself to be creditworthy; (b) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is not creditworthy; or, (c) fails to timely pay a xxxx bill rendered to GNAPS by BAANTC . Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS ANTC may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPS.ANTC. [BA TO PROVIDE SIDE LETTER] 12.3.5 GNAPS shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Retail Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using BA Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPS’s resale of BA’s retail Telecommunications Services to 12.10.5 To the extent permitted by Applicable LawsLaw, each Party shall allow the other Party access to its customer information regarding bad credit histories to the extent (i) the Party provides such information to other carriers; (ii) there exists a pooling arrangement which permits the Parties’ access to such information. Each Party shall keep the other informed of its current practices for reporting to commercial credit services bad credit information, and update the other Party where reasonably necessary so that the other Party may access such reports. 12.10.6 BA shall comply with the FCC’s merger guidelines referenced in the Memorandum Opinion and Order in

Additional Terms Governing Resale and Use of BA Services. 12.3.1 GNAPS 12.4.1 MFS shall comply with the provisions of this Agreement (including, but not limited to, all applicable BA Tariffs) regarding resale or use of BA services. In addition, GNAPS MFS shall undertake make reasonable efforts in good faith to ensure that its Customers comply with the provisions of BA’s 's Tariffs applicable to their use of BA’s 's Telecommunications Services. 12.3.2 12.4.2 Without in any way limiting subsection 12.3.112.4.1, GNAPS MFS shall not resell (a) residential service to business or other nonresidential Customers of GNAPSMFS, {(b} ) Lifeline or other means-tested service offerings, or grandfathered service offerings, to persons not eligible to subscribe to such service offerings from BA, or (c) any other BA service in violation of any user or user group restriction that may be contained in the BA Tariff applicable to such service to the extent such restriction is not prohibited by Applicable LawsLawss. In addition, GNAPS MFS shall be subject to the same limitations that BA’s 's own retail Customers may be subject to with respect to any Telecommunications Service that BA may, in its discretion and to the extent not prohibited by Applicable LawLawss, discontinue offering. Except as otherwise provided by this Agreement or Applicable Lawss, BA will give MFS notice in writing or electronically (which may be by giving MFS access to a database or an Internet site that contains the applicable information, or by other electronic means) of material modification of the operation, or discontinuance, of BA Retail Telecommunications Services (as defined in Schedule 12.3) furnished under this Agreement for resale at least 60 days prior to the time the material modification or discontinuance becomes effective. 12.3.3 12.4.3 BA shall not be obligated to offer to GNAPS MFS at a wholesale discount Telecommunications Services that BA offers at a special promotional rate if such promotions are for a limited duration of ninety (90) days or less. 12.3.4 Upon request by BA, GNAPS 12.4.4 MFS shall provide to BA BA, in accordance with BA's Tariff's, adequate assurance of payment of charges due to BA in connection with GNAPS’s MFS's purchase of BA services Telecommunications Services for resale. Assurance For the purposes of payment providing such adequate assurance of charges may payment, MFS shall be requested by BA: if GNAPS (a) in BA’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to show itself deemed to be creditworthy; (b) in BA’s reasonable judgmenta business customer, at the Effective Date or at any time thereafter, even if MFS is not creditworthy; or, (c) fails purchasing Telecommunications Services for resale to timely pay a xxxx rendered to GNAPS by BA. Unless otherwise agreed by the Parties, the assurance of payment shall be in the form of a cash deposit and shall be in an amount equal to the charges for BA services that GNAPS may reasonably be expected to incur during a period of two (2) months. BA may at any time use the deposit or other assurance of payment to pay amounts due from GNAPSresidential customers. 12.3.5 GNAPS 12.4.5 MFS shall not be eligible to participate in any BA plan or program under which BA end user retail Customers may obtain products or merchandise, or services which are not BA Xxxx Atlantic Retail Telecommunications ServicesServices (as defined in Schedule 12.3), in return for trying, agreeing to purchase, purchasing, or using BA Xxxx Atlantic Retail Telecommunications Services. 12.3.6 BA may impose additional restrictions on GNAPS’s resale of BA’s retail Telecommunications Services to the extent permitted by Applicable Laws.