Common use of BA Resale Services Clause in Contracts

BA Resale Services. 45.1 Availability and Use 45.1.1 BA shall provide BA Resale Services to AT&T where, and to the same extent, that BA provides BA Resale Services to BA’s own end user retail Customers. 45.1.2 BA Resale Services may be purchased by AT&T under this Agreement only for the purpose of resale by AT&T as a Telecommunications Carrier. BA Resale Services to be purchased by AT&T for other purposes (including, but not limited to, AT&T’s own use) must be purchased by AT&T pursuant to separate written agreements, including, but not limited to, applicable BA Tariffs. AT&T may purchase BA Resale Services under this Agreement for resale to AT&T’s Affiliates if AT&T resells such BA Resale Services to AT&T’s Affiliates as a Telecommunications Carrier pursuant to terms and conditions that comply with all applicable Commission rules, including non-discrimination rules. 45.1.3 BA Resale Services shall include contract and other customer-specific offerings. The Parties may bring any disputes with respect to the availability of such contract and other customer-specific offerings, or restrictions on the resale thereof, to the Commission on a case-by-case basis. In the event that the provision of the FCC order that is the basis for this Section 45.1.3 is modified or overturned, AT&T agrees to return all copies of documents provided by BA under this Section 45.1.3 and to make no further use of the information contained in those documents, and BA shall have no further obligation to file, provide to AT&T, or make publicly available, summaries of the prices, terms and conditions, except as otherwise required under Applicable Law.