Common use of Agreement Not to Order Clause in Contracts

Agreement Not to Order. During the term of this Agreement Qwest shall not offer or provide to CLEC, and CLEC shall not order or purchase from Qwest, unbundled mass market switching, unbundled enterprise switching or unbundled shared transport, in combination with other network elements as part of the Unbundled Network Element Platform (“UNE-P”), out of its existing Interconnection Agreement(s) with Qwest, a Qwest SGAT or any other Interconnection Agreement governed by 47 U.S.C. §§251 and 252 that CLEC or one of its affiliates may in the future enter into with Qwest and CLEC waives any right under applicable law in connection therewith. Notwithstanding the foregoing, nothing in this Section shall prevent Qwest from offering or providing QPP™ services to CLEC, or CLEC from ordering or purchasing QPP™ services from Qwest. The agreement not to order UNE-P services embodied in this Section shall remain in effect for the Term of this Amendment, and for the avoidance of doubt, shall no longer be binding on CLEC or otherwise enforceable in a particular state if the QPP MSA is terminated as to that state (other than for reason of material breach by CLEC).

Agreement Not to Order. During the term of this Agreement Qwest shall not offer or provide to CLECMCI, and CLEC MCI shall not order or purchase from Qwest, unbundled mass market switching, unbundled enterprise switching or unbundled shared transport, in combination with other network elements as part of the Unbundled Network Element Platform unbundled network element platform (“UNE-P”), out of its existing Interconnection Agreement(sinterconnection agreement(s) with Qwest, a Qwest SGAT or any other Interconnection Agreement interconnection agreement governed by 47 U.S.C. §§251 and 252 that CLEC MCI or one of its affiliates may in the future enter into with Qwest and CLEC MCI waives any right under applicable law in connection therewith. Notwithstanding the foregoing, nothing in this Section shall prevent Qwest from offering or providing QPP™ ™services to CLEC, MCI or CLEC MCI from ordering or purchasing QPP™ ™services from Qwest. The agreement not to order UNE-P services embodied in this Section shall remain in effect for the Term of this Amendment, and for the avoidance of doubt, shall no longer be binding on CLEC MCI or otherwise enforceable in a particular state if the QPP MSA is terminated as to that state (other than for reason of material breach by CLECMCI).

Agreement Not to Order. During the term of this Agreement Qwest shall not offer or provide to CLEC, and CLEC shall not order or purchase from Qwest, unbundled mass market switching, unbundled enterprise switching or unbundled shared transport, in combination with other network elements as part of the Unbundled Network Element Platform (“UNE-P”), out of its existing Interconnection Agreement(s) with Qwest, a Qwest SGAT or any other Interconnection Agreement governed by 47 U.S.C. §§251 and 252 that CLEC or one of its affiliates Affiliates may in the future enter into with Qwest and CLEC waives waive any right under applicable law in connection therewith. Notwithstanding the foregoing, nothing in this Section shall prevent Qwest from offering or providing QPP™ services to CLEC, or CLEC from ordering or purchasing QPP™ services from Qwest. The agreement not to order UNE-P services embodied in this Section shall remain in effect for the Term of this Amendment, and for the avoidance of doubt, shall no longer be binding on CLEC or otherwise enforceable in a particular state if the QPP MSA is terminated as to that state (other than for reason of material breach by CLEC).

Agreement Not to Order. During the term of this Agreement Qwest shall not offer or provide to CLEC, and CLEC shall not order or purchase from Qwest, unbundled mass market switching, unbundled enterprise switching or unbundled shared transport, in combination with other network elements as part of the Unbundled Network Element Platform (“UNE-P”), P out of its existing Interconnection Agreement(s) with Qwest, a Qwest SGAT or any other Interconnection Agreement governed by 47 U.S.C. §§251 and 252 that CLEC or one of its affiliates may in the future enter into with Qwest and CLEC waives any right under applicable law in connection therewith. Notwithstanding the foregoing, nothing in this Section shall prevent Qwest from offering or providing QPP™ services to CLEC, or CLEC from ordering or purchasing QPP™ services from Qwest. The agreement not to order UNE-P services embodied in this Section shall remain in effect for the Term of this Amendment, and for the avoidance of doubt, shall no longer be binding on CLEC or otherwise enforceable in a particular state if the QPP MSA is terminated as to that state (other than for reason of material breach by CLEC).. Section 5.0