Common use of Clarifications Clause in Contracts

Clarifications. 2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet traffic”) (herein the “Disputed Issue”). Telergy believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that Telergy and BA disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or Telergy’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the Department, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or Telergy’s election under 47 USC § 252(i). 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used for interoffice transmission to and from the other end of the Dedicated Transport path.

Clarifications. 2.1 BA has entered into this Agreement in accordance with For the requirements avoidance of 47 USC § 252(i)any doubt, but has advised Telergy that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements no amendment or modification to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet traffic”) (herein the “Disputed Issue”). Telergy believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that Telergy and BA disagree as to the meaning of the Separate Agreement with respect is incorporated into this Agreement. Metrocall acknowledges that, pursuant to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation terms of the Separate Agreement, an admission BA and PageNet amended the Separate Agreement to set new Reciprocal Compensation rates for transport and termination of Local Traffic by PageNet thereunder, based upon a review of PageNet’s interconnection architecture with BA’s network and study of PageNet’s forward-looking costs of transport and termination of such traffic. Metrocall further acknowledges that any provision of it does not have a right to adopt such new Reciprocal Compensation rates and, instead, that to the extent Metrocall wishes to have Reciprocal Compensation rates other than those set in the Separate Agreement (without giving effect to any amendment or Telergy’s interpretation modification thereof) ), Metrocall must prepare a study of its forward-looking costs of transport and termination of Local Traffic, and demonstrate that it is lawful or reasonablemaintaining Efficient Interconnection, or a release or waiver of BA’s claims and defenses pertaining to (as defined in the Disputed Issue. The entry intoSeparate agreement), filing and performance by all in accordance with the Parties of this Agreement does not in any way constitute a waiver by either Party of any applicable terms of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the Department, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or Telergy’s election under 47 USC § 252(i). 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. Metrocall hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc.Metrocall. 2.3 Notwithstanding anything The entry into, filing and performance by BA of this Agreement does not in any way constitute a waiver by BA of any of the rights and remedies it may have to seek review of any of the contrary contained in this Agreement, the Parties agree that BA shall only be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule provisions of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used or to petition the Commission, other administrative body or court for interoffice transmission reconsideration or reversal of any determination made by any of them, or to and seek review in any way of any portion of this Agreement in connection with Metrocall’s election under Section 252(i) of the Act. 2.4 Notwithstanding any other provisions of this Agreement, BA shall have no obligation to perform under this Agreement at any time during which Metrocall has not obtained a valid radio license from the other end FCC as required by FCC regulations as a condition for providing commercial mobile radio service in the licensed area of the Dedicated Transport pathState of Rhode Island as a narrowband commercial mobile radio carrier.

Clarifications. 2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy Freedom Ring that BA disputes the applicability of the Separate Agreement’s 's Reciprocal Compensation arrangements to Internet traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet traffic”) (herein the “"Disputed Issue”"). Telergy Freedom Ring believes that the Separate Agreement’s 's Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that Telergy Freedom Ring and BA disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or Telergy’s Freedom Ring's interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the DepartmentCommission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or Telergy’s Freedom Ring's election under 47 USC § 252(i). 2.2 The Parties agree that if Notwithstanding any judicial or regulatory authority other provisions of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only have no obligation to under this Agreement until such time as Freedom has obtained a Certificate of Public Convenience and Necessity ("CPCN") or such other Commission authorization as may be required by law as a condition for conducting business in the State of New Hampshire as a local exchange caused this to provide Combinations and any services related to its provision be executed BELL ATLANTIC - NEW HAMPSHIRE Policv INTERCONNECTION SECTIONS 251 AND 252 OF THE ACT OF 1996 Dated as of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used for interoffice transmission to and from the other end of the Dedicated Transport path.July 17,1997 3.0 SCOPE 7 4.0 INTERCONNECTION PURSUANT TO SECTION 251 7 4.3 Initial Interim Architecture 8

Clarifications. 2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy Plan B that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet trafficTraffic”) (herein the “Disputed Issue”). Telergy Plan B believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, Traffic but acknowledges that Telergy and BA the Parties disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or TelergyPlan B’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the Department, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or TelergyPlan B’s election under 47 USC § 252(i).] 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 2.3 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 Section 10 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule Attachment III of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used for interoffice transmission to and from the other end of the Dedicated Transport path.

Clarifications. 2.1 BA has entered into this Agreement in accordance with For the requirements avoidance of 47 USC § 252(i)any doubt, but has advised Telergy that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements no amendment or modification to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet traffic”) (herein the “Disputed Issue”). Telergy believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that Telergy and BA disagree as to the meaning of the Separate Agreement with respect is incorporated into this Agreement. Aquis acknowledges that, pursuant to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation terms of the Separate Agreement, an admission BA and PageNet amended the Separate Agreement to set new Reciprocal Compensation rates for transport and termination of Local Traffic by PageNet thereunder, based upon a review of PageNet’s interconnection architecture with BA’s network and study of PageNet’s forward-looking costs of transport and termination of such traffic. Aquis further acknowledges that any provision of it does not have a right to adopt such new Reciprocal Compensation rates and, instead, that to the extent Aquis wishes to have Reciprocal Compensation rates other than those set in the Separate Agreement (without giving effect to any amendment or Telergy’s interpretation modification thereof) ), Aquis must prepare a study of its forward-looking costs of transport and termination of Local Traffic, and demonstrate that it is lawful or reasonablemaintaining Efficient Interconnection, or a release or waiver of BA’s claims and defenses pertaining to (as defined in the Disputed Issue. The entry intoSeparate agreement), filing and performance by all in accordance with the Parties of this Agreement does not in any way constitute a waiver by either Party of any applicable terms of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the Department, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or Telergy’s election under 47 USC § 252(i). 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. Aquis hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc.Aquis. 2.3 Notwithstanding anything The entry into, filing and performance by BA of this Agreement does not in any way constitute a waiver by BA of any of the rights and remedies it may have to seek review of any of the contrary contained in this Agreement, the Parties agree that BA shall only be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule provisions of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used or to petition the Commission, other administrative body or court for interoffice transmission reconsideration or reversal of any determination made by any of them, or to and seek review in any way of any portion of this Agreement in connection with Aquis’s election under Section 252(i) of the Act. 2.4 Notwithstanding any other provisions of this Agreement, BA shall have no obligation to perform under this Agreement at any time during which Aquis has not obtained a valid radio license from the other end FCC as required by FCC regulations as a condition for providing commercial mobile radio service in the licensed area of the Dedicated Transport pathState of Maryland as a narrowband commercial mobile radio carrier.

Clarifications. 2.1 BA has entered 3.1 In entering into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy that BA disputes the applicability of the Separate MFN Agreement’s Reciprocal Compensation arrangements to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet traffic”) (herein the “Disputed Issue”). Telergy believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that Telergy and BA disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or Telergy’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the Department, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or Telergy’s election under 47 USC § 252(i). 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part IIneither Party is waiving, and each Party hereby expressly reserves, any of its rights, remedies or arguments it may have at law or under the Rate Application Rules intervening law or regulatory change provisions in Part IV - Pricing Schedule this MFN Agreement (including intervening law rights asserted by either Party via written notice as to the Separate Agreement), with respect to any orders, decisions, legislation or proceedings and any remands by the FCC, state utility commission, court, legislature or other governmental body including, without limitation, any such orders, decisions, legislation, proceedings, and remands which were issued, released or became effective prior to the Effective Date of this MFN Agreement, or which the Parties have not yet fully incorporated into this Agreement or which may be the subject of any associated appeal and/or further government review. If any action by any state or federal regulatory or legislative body or court of competent jurisdiction (“Government Action”), invalidates, modifies, or stays provisions of the Separate Agreement and/or otherwise affects the rights or obligations of either Party that are addressed by the Separate Agreement specifically including but not limited to those arising with respect to a Government Action, the affected provision(s) in this MFN Agreement shall be immediately invalidated, modified or stayed consistent with such Government Action as to the Separate Agreement. 3.2 It is AT&T MISSOURI’s position that this MFN Agreement (including all attachments thereto) and every interconnection, includes subscriber premises only if service and network element provided hereunder, is subject to all rates, terms and conditions contained in the MFN Agreement (including all attachments/appendices thereto), and that all of such premises contain Central Office switching equipment used for interoffice transmission provisions are integrally related and non-severable. 3.3 In the event that a voluntary or involuntary petition has been or is in the future filed by or against CLEC under bankruptcy or insolvency laws, or any law relating to the relief of debtors, readjustment of indebtedness, debtor reorganization or composition or extension of debt (any such proceeding shall be known as an “Insolvency Proceeding”), then: (a) all rights of AT&T under such laws, including, without limitation, all rights of AT&T under 11 U.S.C. § 366, shall be preserved, and CLEC’s adoption of this MFN Agreement shall in no way impair such rights of AT&T; and (b) all rights of CLEC resulting from CLEC’s adoption of this MFN Agreement shall be subject to and from modified by any Stipulations and Orders entered in the other end Insolvency Proceeding, including, without limitation, any Stipulation or Order providing adequate assurance of the Dedicated Transport path.payment to AT&T pursuant to 11 U.S.C. §

Clarifications. 2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy BroadBand that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet trafficTraffic”) (herein the “Disputed Issue”). Telergy BroadBand believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, Traffic but acknowledges that Telergy and BA the Parties disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or TelergyBroadBand’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the DepartmentCommission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or TelergyBroadBand’s election under 47 USC § 252(i). 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. BroadBand hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc.BroadBand. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 For the avoidance Notwithstanding any other provisions of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule of the Separate this Agreement, includes subscriber premises only if BA shall have no obligation to perform under this Agreement until such premises contain Central Office switching equipment used time as BroadBand has obtained a Certificate of Public Convenience and Necessity (“CPCN”) or such other Commission authorization as may be required by law as a condition for interoffice transmission to and from conducting business in the other end State of the Dedicated Transport pathMaryland as a local exchange carrier.

Clarifications. 2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy ATX that BA disputes it is BA's position that the applicability of the Separate Agreement’s Reciprocal Compensation arrangements in the Separate Agreement and in this Agreement do not apply to traffic that is transmitted to or returned from the Internet at any point during the duration of its the transmission (“"Internet traffic”) (herein the “Disputed Issue”"). Telergy ATX believes that the Separate Agreement’s Reciprocal Compensation arrangements in the Separate Agreement and in this Agreement apply to Internet traffic, but acknowledges that Telergy and BA the Parties disagree as to over the meaning proper interpretation of the relevant provisions of the Separate Agreement with respect to and this Agreement (the foregoing being the "Disputed Issue, and "). ATX acknowledges that BA’s 's execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or Telergy’s ATX's interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s 's claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the DepartmentCommission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement Agreement, in connection with the Disputed Issue or Telergy’s ATX's election under 47 USC § 252(i). 2.2 The Parties agree that if Notwithstanding any judicial or regulatory authority provision of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only have no obligation to perform under this Agreement until such time as ATX has obtained a Certificate of Public Convenience and Necessity (“CPCN”) or such other Commission authorization as may be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties law as a condition for conducting business in writing after the date hereof. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, Pennsylvania as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used for interoffice transmission to and from the other end of the Dedicated Transport path.a local exchange carrier. [Intentionally Left Blank]

Clarifications. 2.1 BA has entered into this Agreement in accordance with For the requirements avoidance of 47 USC § 252(i)any doubt, but has advised Telergy that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements no amendment or modification to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet traffic”) (herein the “Disputed Issue”). Telergy believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that Telergy and BA disagree as to the meaning of the Separate Agreement with respect is incorporated into this Agreement. PageMart acknowledges that, pursuant to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation terms of the Separate Agreement, an admission BA and PageNet amended the Separate Agreement to set new Reciprocal Compensation rates for transport and termination of Local Traffic by PageNet thereunder, based upon a review of PageNet’s interconnection architecture with BA’s network and study of PageNet’s forward-looking costs of transport and termination of such traffic, and that any provision PageMart does not have a right to adopt such amendment. PageMart further acknowledges that it does not have a right to adopt such new Reciprocal Compensation rates unless it prepares a study of its forward looking costs of transport and termination of Local Traffic and demonstrates that it is maintaining Efficient Interconnection (as such term is defined in the Separate Agreement) with BA’s network, all in accordance with the applicable terms of the Separate Agreement (or Telergy’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. , 2.2 The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the DepartmentCommission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or TelergyPageMart’s election under 47 USC § Section 252(i)) of the Act. 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc. 2.3 Notwithstanding anything to the contrary contained in any other provisions of this Agreement, the Parties agree that BA shall only be required have no obligation to provide Combinations and perform under this Agreement at any services related to its provision of Combinations to time during which PageMart has not obtained a valid radio license from the extent (a) FCC as required by Applicable Law or (b) mutually agreed to by FCC regulations as a condition for providing commercial mobile radio service in the Parties in writing after the date hereof. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule licensed area of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used for interoffice transmission to and from the other end State of the Dedicated Transport pathRhode Island as a narrowband commercial mobile radio carrier.

Clarifications. 2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet traffic”) (herein the “Disputed Issue”). Telergy believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that Telergy and BA disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or Telergy’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the Department, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or Telergy’s election under 47 USC § 252(i). 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc.Telergy. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law applicable law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 For the avoidance Notwithstanding any other provisions of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule of the Separate this Agreement, includes subscriber premises only if BA shall have no obligation to perform under this Agreement until such premises contain Central Office switching equipment used time as Telergy has obtained a Certificate of Public Convenience and Necessity (“CPCN”) or such other Commission authorization as may be required by law as a condition for interoffice transmission to and from conducting business in the other end State of the Dedicated Transport pathRhode Island as a local exchange carrier.

Clarifications. 2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy Lightship that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet trafficTraffic”) (herein the “Disputed Issue”). Telergy Lightship believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, Traffic but acknowledges that Telergy and BA the Parties disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or TelergyLightship’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the DepartmentCommission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or TelergyLightship’s election under 47 USC § 252(i). 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers telecommunications carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. Lightship hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc.Lightship. 2.3 Notwithstanding anything to the contrary contained in any other provisions of this Agreement, the Parties agree that BA shall only have no obligation to perform under this Agreement until such time as Lightship has obtained a Certificate of Public Convenience and Necessity (“CPCN”) or such other Commission authorization as may be required to provide Combinations and any services related to its provision by law as a condition for conducting business in the State of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereofRhode Island as a local exchange carrier. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used for interoffice transmission to and from the other end of the Dedicated Transport path.

Clarifications. 2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy Qwest that BA disputes it is BA's position that the applicability of the Separate Agreement’s Reciprocal Compensation arrangements in the Separate Agreement and in this Agreement do not apply to traffic that is transmitted to or returned from the Internet at any point during the duration of its the transmission (“"Internet traffic”) (herein the “Disputed Issue”"). Telergy Qwest believes that the Separate Agreement’s Reciprocal Compensation arrangements in the Separate Agreement and in this Agreement apply to Internet traffic, but acknowledges that Telergy and BA the Parties disagree as to over the meaning proper interpretation of the relevant provisions of the Separate Agreement with respect to and this Agreement (the foregoing being the "Disputed Issue, and "). Qwest acknowledges that BA’s 's execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or Telergy’s Qwest's interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s 's claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the DepartmentCommission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement Agreement, in connection with the Disputed Issue or Telergy’s Qwest's election under 47 USC § 252(i). 2.2 The Parties agree that if Notwithstanding any judicial or regulatory authority other provisions of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only have no obligation to perform under this Agreement until such time as Qwest has obtained a Certificate of Public Convenience and Necessity (“CPCN”) or such other Commission authorization as may be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties law as a condition for conducting business in writing after the date hereofPennsylvania as a local exchange carrier. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part II, and the Rate Application Rules in Part IV - Pricing Schedule of the Separate Agreement, includes subscriber premises only if such premises contain Central Office switching equipment used for interoffice transmission to and from the other end of the Dedicated Transport path.

Clarifications. 2.1 BA has entered 3.1 In entering into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised Telergy that BA disputes the applicability of the Separate MFN Agreement’s Reciprocal Compensation arrangements to traffic that is transmitted to or returned from the Internet at any point during the duration of its transmission (“Internet traffic”) (herein the “Disputed Issue”). Telergy believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that Telergy and BA disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution and delivery of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or Telergy’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the Department, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or Telergy’s election under 47 USC § 252(i). 2.2 The Parties agree that if any judicial or regulatory authority of competent jurisdiction determines (or has determined) that BA is not required to furnish any service or item or provide any benefit to Telecommunications Carriers otherwise required to be furnished or provided to Telergy Network Services, Inc. hereunder, then BA may, at its sole option, avail itself of any such determination by providing written notice thereof to Telergy Network Services, Inc. 2.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that BA shall only be required to provide Combinations and any services related to its provision of Combinations to the extent (a) required by Applicable Law or (b) mutually agreed to by the Parties in writing after the date hereof. 2.4 For the avoidance of doubt, the Parties acknowledge and agree that the term “Dedicated Transport”, as described in Section(s) 2.9.5, 3.1.3 & 3.4.2 of Part IIneither Party is waiving, and each Party hereby expressly reserves, any of its rights, remedies or arguments it may have at law or under the Rate Application Rules intervening law or regulatory change provisions in Part IV - Pricing Schedule this MFN Agreement (including intervening law rights asserted by either Party via written notice as to the Separate Agreement), with respect to any orders, decisions, legislation or proceedings and any remands by the FCC, state utility commission, court, legislature or other governmental body including, without limitation, any such orders, decisions, legislation, proceedings, and remands which were issued, released or became effective prior to the Effective Date of this MFN Agreement, or which the Parties have not yet fully incorporated into this Agreement or which may be the subject of any associated appeal and/or further government review. If any action by any state or federal regulatory or legislative body or court of competent jurisdiction (“Government Action”), invalidates, modifies, or stays provisions of the Separate Agreement and/or otherwise affects the rights or obligations of either Party that are addressed by the Separate Agreement specifically including but not limited to those arising with respect to a Government Action, the affected provision(s) in this MFN Agreement shall be immediately invalidated, modified or stayed consistent with such Government Action as to the Separate Agreement. 3.2 It is AT&T Missouri’s position that this MFN Agreement (including all attachments thereto) and every interconnection, includes subscriber premises only if service and network element provided hereunder, is subject to all rates, terms and conditions contained in the MFN Agreement (including all attachments/appendices thereto), and that all of such premises contain Central Office switching equipment used for interoffice transmission provisions are integrally related and non-severable. SUBJECT APPENDIX General Terms & Conditions GT&C-13STATE Coordinated Hot Cut (CHC) CHC-13STATE Physical Collocation PHYSICAL COLLOCATION-13STATE Virtual Collocation VIRTUAL COLLOCATION-13STATE Collocation Rate Summary COLLOCATION RATE SUMMARY-13STATE Direct DIRECT-13STATE Directory Assistance DA-13STATE Directory Assistance Listing DAL-13STATE Emergency Services .. 911-13STATE Merger Conditions MERGER CONDITIONS-13STATE Interconnection Trunking Requirements ITR-13STATE Inward Assistance Operator Services INW-13STATE Network Interconnection Methods NIM-13STATE Number Portability NP-13STATE Numbering NUMBERING-13STATE Operations Support Systems – Resale and UNE OSS-13STATE Operator Services OS-13STATE Intercarrier Compensation INTERCARRIER COMP-13STATE Recording RECORDING-13STATE Resale RESALE-13STATE Structure Access SA-13STATE Section 251(C)(3) UNEs (Section 251(C)(3) Provision of Access to Unbundled Network Elements) UNE-13STATE White Pages WP-13STATE White Pages Exhibit 1 Pricing WHITE PAGES-MO Clearinghouse CH-12STATE xDSL and from the other end of the Dedicated Transport path.Line Splitting XDSL/LINE SPLITTING-12STATE Emergency Services Exhibit 1 .. 911-MO Pricing PRICING-MO Pricing Schedule - UNE PRICING SCHEDULE-UNE-MO Missouri Performance Measurements PERFORMANCE MEASUREMENTS-MO Billing, Collection, and Remittance BCR-5STATE TRRO Rider TRRO RIDER-MO 1. DEFINITIONS 7 2. INTERPRETATION, CONSTRUCTION AND SEVERABILITY 18