AMERITECH. ILLINOIS’ agreement to implement a CLEC Change is conditioned upon CLEC's agreement to pay all reasonable charges billed to CLEC for such CLEC Change.
AMERITECH. ILLINOIS shall have no obligation to attempt to obtain for CLEC any Intellectual Property right(s) that would permit CLEC to use any unbundled network element in a different manner than used by AMERITECH-ILLINOIS.
AMERITECH. ILLINOIS hereby conveys no licenses to use such Intellectual Property rights and makes no warranties, express or implied, concerning CLEC’s (or any Third Parties’) rights with respect to such Intellectual Property rights and contract rights, including whether such rights will be violated by such Interconnection or unbundling and/or combining of Network Elements (including combining with CLEC’s Network Elements) in Ameritech-Illinois’ network or CLEC's use of other functions, facilities, products or services furnished under this Agreement. Any licenses or warranties for Intellectual Property rights associated with unbundled network elements are vendor licenses and warranties and are a part of the Intellectual Property rights AMERITECH-ILLINOIS agrees in Section 12.4.1 to use its best efforts to obtain.
AMERITECH. ILLINOIS and CLEC shall each use their best efforts to meet the Interconnection Activation Dates.
AMERITECH. ILLINOIS and CLEC shall each be responsible for one-half (1/2) of expenses payable to a Third Party for Commission fees or other charges (including regulatory fees and any costs of notice or publication, but not including attorney’s fees) associated with the filing of this agreement.
AMERITECH. ILLINOIS shall comply with tariff notification requirements of Section 13-505 of the Illinois Public Utility Act, 220 ILCS 5/13-505 and 83 Ill. Admin Code 745, as they are amended from time to time.
AMERITECH. ILLINOIS will provide notification messages to CLEC on suspected occurrences of ABS-related fraud on CLEC accounts stored in the applicable LIDB. AMERITECH-ILLINOIS will provide via fax.
42.4.1 CLEC understands that Sleuth alerts only identify potential occurrences of fraud. CLEC understands and agrees that it will need to perform its own investigations to determine whether a fraud situation actually exists. CLEC understands and agrees that it will also need to determine what, if any, action CLEC should take as a result of a Sleuth alert.
42.4.2 The Parties will provide contact names and numbers to each other for the exchange of Sleuth alert notification information twenty-four (24) hours per day seven (7) days per week.
42.4.3 For each alert notification provided to CLEC, CLEC may request a corresponding thirty-day (30-day) historical report of ABS-related query processing. CLEC may request up to three reports per alert.
AMERITECH. ILLINOIS shall perform hosting responsibilities for the provision of billable message data and/or access usage data received from CLEC for distribution to the appropriate billing and/or processing location or for delivery to CLEC of such data via Ameritech-Illinois’ internal network or the nationwide CMDS network pursuant to the applicable Appendix Hosting, which is/are attached hereto and incorporated herein by reference. AMERITECH-ILLINOIS shall provide nondiscriminatory access to Operator Services under the terms and conditions identified in the applicable Appendix OS, which is/are attached hereto and incorporated herein by reference.
AMERITECH. ILLINOIS shall reimburse CLEC for damages to CLEC's facilities utilized to provide or access Interconnection or unbundled Network Elements hereunder caused by the negligence or willful act of AMERITECH- ILLINOIS, its agents or subcontractors or SBC 13STATE's End User or resulting from AMERITECH-ILLINOIS’ improper use of CLEC's facilities, or due to malfunction of any facilities, functions, products, services or equipment provided by AMERITECH-ILLINOIS its agents or subcontractors OR AMERITECH- ILLINOIS’ End User. Upon reimbursement for damages, XXXX will cooperate with AMERITECH-ILLINOIS in prosecuting a claim against the person causing such damage. AMERITECH-ILLINOIS shall be subrogated to the right of recovery by CLEC for the damages to the extent of such payment.
AMERITECH. ILLINOIS does not and shall not indemnify defend or hold CLEC harmless, nor be responsible for indemnifying or defending, or holding CLEC harmless, for any Claims or Losses for actual or alleged infringement of any Intellectual Property right or interference with or violation of any contract right that arises out of, is caused by, or relates to CLEC’s Interconnection with AMERITECH-ILLINOIS’ network and unbundling and/or combining AMERITECH-ILLINOIS’ Network Elements (including combining with CLEC’s Network Elements) or CLEC’;s use of other functions, facilities, products or services furnished under this Agreement. Any indemnities for Intellectual Property rights associated with unbundled network elements shall be vendor’s indemnities and are a part of the Intellectual Property rights AMERITECH-ILLINOIS agrees in Section 12.4.1 to use its best efforts to obtain.
