Construction Under Traffic Sample Clauses

Construction Under Traffic. Work Zone Clear Zone Regulatory Posted Speed Distance From Traveled Way (Feet)
Sample 1
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Construction Under Traffic. 34 35 Section 1-07.23(1) is supplemented with the following: 37 (January 5, 2015) 38 Lane closures are subject to the following restrictions: 39 40 • No vehicle trip through the work zone may be stopped for more than 10 41 minutes without the prior approval of the Engineer. 42 • The contractor’s operations shall not halt traffic either on or within 25 feet 43 of the BNSF Railroad tracks on ***Milltown Crossing Road***. 44 45 If the Engineer determines the permitted closure hours adversely affect traffic, the 46 Engineer may adjust the hours accordingly. The Engineer will notify the Contractor 47 in writing of any change in the closure hours. 48 49 Lane closures are not allowed on any of the following: 50 51 1. A holiday, 1 2. A holiday weekend; holidays that occur on Friday, Saturday, Sunday or 2 Monday are considered a holiday weekend. A holiday weekend includes 3 Saturday, Sunday, and the holiday. 4 5 3. After *** 6:00 p.m.*** on the day prior to a holiday or holiday weekend, and 6 7 4. Before *** 7:00 a.m.*** on the day after the holiday or holiday weekend. 8 10 (July 23, 2015 APWA GSP) 12 Delete this section and replace it with the following: 00 Xxxxxx Right of Way lines, limits of easements, and limits of construction permits are 15 indicated in the Plans. The Contractor’s construction activities shall be confined within 16 these limits, unless arrangements for use of private property are made. 17 18 Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of 19 way and easements, both permanent and temporary, necessary for carrying out the 20 work. Exceptions to this are noted in the Bid Documents or will be brought to the 21 Contractor’s attention by a duly issued Addendum. 22 24 contractor shall abide by all requirements as outlined in this permit included in the 25 appendix of these special provisions. Should the Engineer determine that the Contractor
Sample 1
Construction Under Traffic. (February 22, 2011 KC GSP) The following is inserted at the beginning of this section: The Contractor shall keep all through traffic lanes open to travel without interference from work operations between the hours of 5:00 and 8:00 A.M. and 4:00 and 7:00 P.M., except on Roadway Code 6-3R where all through traffic lanes shall be kept open to traffic between the hours of 5:00 and 9:00 A.M. and 3:00 and 7:00 P.M and Roadway Code 8-1 where all through traffic lanes shall be kept open to traffic between the hours of 5:00 and 9:00 A.M. and 4:00 and 7:00 P.M.. The Contractor shall keep all turn movements, cross streets and approaches open to traffic at all times. At other times, the Contractor may close one through-lane in each direction of travel on four-lane roadways. If the hours designated above do not conform to the actual peak traffic conditions, the Contractor shall curtail and adjust work operations according to the peak traffic hours as determined by experience and as approved by the Engineer. No general closures or detours to local access will be allowed under this Contract.
Sample 1
Construction Under Traffic. 32 33 Section 1-07.23(1) is supplemented with the following: 34 35 (October 3, 2022) 36 Public Notification 37 The Contractor shall furnish and install information signs that provide advance 38 notification of a ramp closure, roadway closure, or both, a minimum of *** 5 *** 39 working days prior to the closure. Sign locations, messages, letter sizes, and sign 40 sizes are shown in the Plans. 41 42 The Contractor shall notify *** Skagit County ***, in writing, a minimum of *** 10 *** 43 working days prior to each closure. The Contractor shall furnish copies of these 44 notifications to the Engineer. 45 47 (July 23, 2015 APWA GSP) 49 Delete this section and replace it with the following: 50 1 Street Right of Way lines, limits of easements, and limits of construction permits are 2 indicated in the Plans. The Contractor’s construction activities shall be confined within 3 these limits, unless arrangements for use of private property are made. 4 5 Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of 6 way and easements, both permanent and temporary, necessary for carrying out the 7 work. Exceptions to this are noted in the Bid Documents or will be brought to the 8 Contractor’s attention by a duly issued Addendum. 9 10 Whenever any of the work is accomplished on or through property other than public 11 Right of Way, the Contractor shall meet and fulfill all covenants and stipulations of any 12 easement agreement obtained by the Contracting Agency from the owner of the private 13 property. Copies of the easement agreements may be included in the Contract 14 Provisions or made available to the Contractor as soon as practical after they have been 15 obtained by the Engineer. 16
Sample 1
Construction Under Traffic. Section 1-07.23(1) is supplemented with the following: (******) The Contractor shall schedule road closures with the City of Bainbridge Island 10 calendar days in advance to allow for noticing. The Contractor shall provide for advance notice of construction activities on Rockway Beach Road near construction. Refer to Special Provisions Section 1-10.3(3) Temporary Traffic Control. Contractor shall refer to lane closure restrictions listed. (******)
Sample 1
Construction Under Traffic. It is the intent of this contract that all work shall be done while the road is open to traffic and during the daylight hours. All Type "A" Construction Signs shall be furnished, erected, and maintained by the Contractor. The Contractor must request permission to close a road, in writing, from the County Highway Superintendent.
Sample 1
Construction Under Traffic. 16 Section 1-07.23(1) is supplemented with the following: 18 (January 2, 2012) 20 The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The 22 operations and does not apply to preexisting conditions or permanent Work. Those work 23 operations that are actively in progress shall be in accordance with adopted and approved
Sample 1
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Construction Under Traffic. 20 21 Section 1-07.23(1) is supplemented with the following: 23 (February 3, 2020) 24 Work Zone Clear Zone 25 The Work Zone Clear Zone (WZCZ) applies during working and nonworking 27 Contractor’s operations and does not apply to preexisting conditions or 29 accordance with adopted and approved Traffic Control Plans, and other contract 30 requirements. 31 32 During nonworking hours equipment or materials shall not be within the WZCZ 33 unless they are protected by permanent guardrail or temporary concrete barrier. 34 The use of temporary concrete barrier shall be permitted only if the Engineer 35 approves the installation and location. 36 37 During actual hours of work, unless protected as described above, only 38 materials absolutely necessary to construction shall be within the WZCZ and 39 only construction vehicles absolutely necessary to construction shall be allowed 40 within the WZCZ or allowed to stop or park on the shoulder of the roadway. 41 42 The Contractor's nonessential vehicles and employees private vehicles shall not 43 be permitted to park within the WZCZ at any time unless protected as described 44 above. 45 46 Deviation from the above requirements shall not occur unless the Contractor 47 has requested the deviation in writing and the Engineer has provided written 48 approval. 49 50 Minimum WZCZ distances are measured from the edge of traveled way and will 51 be determined as follows: 52 35 mph or less 10 40 mph 15 45 to 50 mph 20 55 to 60 mph 30 65 mph or greater 35 1 2 Minimum Work Zone Clear Zone Distance 4 1-07.24 Rights of Way 5 (July 23, 2015 APWA GSP) 7 Delete this section and replace it with the following: 0 Xxxxxx Right of Way lines, limits of easements, and limits of construction permits are 10 indicated in the Plans. The Contractor’s construction activities shall be confined within 11 these limits, unless arrangements for use of private property are made. 12
Sample 1
Construction Under Traffic. Section 1-07.23(1) is supplemented with the following: The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The WZCZ applies only to temporary roadside objects introduced by the Contractor’s operations and does not apply to preexisting conditions or permanent Work. Those work operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and other contract requirements. During nonworking hours equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the Engineer approves the installation and location. During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or allowed to stop or park on the shoulder of the roadway. The Contractor's nonessential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any time unless protected as described above. Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing and the Engineer has provided written approval. Minimum WZCZ distances are measured from the edge of traveled way and will be determined as follows: Contractor shall submit a detour plan for review and approval 30 days prior to closure. 35 mph or less 10 * 40 mph 15 45 to 55 mph 20 60 mph or greater 30 * or 2-feet beyond the outside edge of sidewalk
Sample 1

Related to Construction Under Traffic

  • Construction Phase - Administration of the Construction Contract INDICATE IN STATEMENT OF WORK “NOT APPLICABLE” IF SECTION IS NOT APPLICABLE 1.1.9.1. The Construction Phase will commence with the award of the Construction Contract to a selected vendor (“Contractor”) and will terminate when final payment is made by the State to the Contractor. In any event, the construction phase will not extend 60 days beyond the substantial completion date unless extended by change order. If such extension occurs, additional costs due to the ARCHITECT/ENGINEER shall be negotiated with the State. 1.1.9.2. The ARCHITECT/ENGINEER shall work with the State during the construction of the Project to provide the administration of the contract between the State and the Contractor in accordance with the terms herein and consistent with the contract between the State and the Contractor, and the extent of his/her duties and responsibilities and the limitations of his/her authority as assigned therein shall not be modified without his/her written consent. 1.1.9.3. The ARCHITECT/ENGINEER shall advise and consult with the State, and all of the State's instructions to the Contractor shall be issued through the ARCHITECT/ENGINEER after authorization by the State. 1.1.9.4. The ARCHITECT/ENGINEER shall, at all times, have access to the work wherever it is in preparation or progress. 1.1.9.5. The ARCHITECT/ENGINEER shall make periodic visits to the Project site, at least biweekly, and shall make such further visits when reasonably requested by the State, as to familiarize himself/herself with the progress and quality of the work performed and as to determine, on the basis of such visits, if such progress and quality are in accordance with the Contract Documents. The ARCHITECT/ENGINEER shall be responsible for project meeting minutes. In addition to this, the ARCHITECT/ENGINEER shall periodically report his/her findings thereon to the State, at such times as in the exercise of his/her professional judgment such findings are appropriate and at least monthly, at the conference provided for in Section 1.1.9.6, and further at such times as the State may reasonably request. The ARCHITECT/ENGINEER shall not be required to make exhaustive or continuous on-site inspections, except as required in the exercise of his/her professional judgment for said reports and, except in particular, to fulfill the commissioning requirements. The ARCHITECT/ENGINEER shall not be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work, and he/she shall not be responsible for the Contractor's failure to carry out the work in accordance with the Contract Documents except as provided for herein specifically between the State and the ARCHITECT/ENGINEER. 1.1.9.6. In preparing the bid documents, to the extent that the ARCHITECT/ENGINEER utilizes sub- consultants for their expertise, such as, but not limited to: Landscape Architects, Civil, Structural, Mechanical, and Electrical Engineers, these consultants, in effect, become an extension of the ARCHITECT/ENGINEER. Where the term ARCHITECT/ENGINEER is used in Section 1.1.9.2 as well as 1.1.9.5, it shall include those sub-consultants when work is being performed in their area of expertise. For example, the Mechanical Engineer would inspect the under slab plumbing before it is backfilled, but then wouldn’t necessarily be needed on site until the rest of the mechanical systems are being installed. The sub-consultant shall also be required to periodically inspect the progress of the “As-builts” and verify that they are up-to-date and verify such to the ARCHITECT/ENGINEER, before the ARCHITECT/ENGINEER issues the certificate of payment for that pay period. 1.1.9.7. Based upon his/her determinations and reports made under Section 1.1.9.5 of this Agreement and upon the Contractor's applications for payment, the ARCHITECT/ENGINEER shall once every month, after an on-site conference between the State, the Contractor and the ARCHITECT/ENGINEER, determine the amount then owing to the Contractor and shall then issue a certificate of payment for the amount agreed upon. The issuance of a Certificate for Payment shall constitute a representation by the ARCHITECT/ENGINEER to the State, based on such ARCHITECT/ENGINEER'S determination and report and the data supplied to him/her by the Contractor (without affecting his/her duties defined in Section 1.1.9.5.), that the work has progressed to the point indicated; that the quality of the work is in accordance with the Contract Documents (subject to the results of any specified subsequent tests required by the Contract Documents, to immaterial and insubstantial deviations from the Contract Documents, which will be corrected prior to completion, and to any further specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to such payment in the amount certified. Provided, however, the issuance of such certificate will not affect any obligations of the Contractor to the State. By issuing a certificate for payment, the ARCHITECT/ENGINEER shall not be deemed to represent that he/she has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the contract sum. ARCHITECT/ENGINEER shall not accept any part of the work on behalf of the State; ARCHITECT/ENGINEER may only recommend acceptance. Final acceptance is a right reserved solely to the State. 1.1.9.8. The ARCHITECT/ENGINEER shall be, in the first instance, the interpreter of the requirements of all Construction Documents, and shall have all requisite authority relating thereto for the purposes of authorizing the Contractor to proceed or stop with any component of the project after consultation and agreement with the State. The ARCHITECT/ENGINEER shall not be liable to the State for any loss or cost incurred by the State arising from delays in the construction schedule caused by any decision made by the ARCHITECT/ENGINEER in the reasonable exercise of professional judgment either to exercise or not to exercise his/her authority to stop the Work. 1.1.9.9. The ARCHITECT/ENGINEER shall review and respond to shop drawings, samples, and other submissions of the Contractor as in conformance with the design concept and information in the Contract Documents and the designs and plans relating to the project until approved or not requiring re-submission. The ARCHITECT/ENGINEER shall also review the submittal log at construction meetings and report to the State, on a monthly basis, their findings thereon. 1.1.9.10. The ARCHITECT/ENGINEER shall prepare all change orders and supporting data for the State's approval. 1.1.9.11. The ARCHITECT/ENGINEER shall conduct inspections to determine the Dates of Substantial Completion and Final Completion and shall receive written guarantees and related documents assembled by the Contractors and shall issue a final certificate of payment in accordance with Section 1.1.9.6. 1.1.9.12. The ARCHITECT/ENGINEER shall be responsible for system commissioning in accordance with the BGS Design Guidelines and as indicated in the BGS Commissioning Guidelines. Please see the BGS website xxxx://xxx.xxxxxxx.xxx/facilities/forms . The ARCHITECT/ENGINEER shall inspect, and document, each and every system to ensure that it complies with design intent, including but not limited to: system installation, system operation, and seasonal changeover. 1.1.9.13. Except in the manner specifically provided for herein, the ARCHITECT/ENGINEER shall not be responsible to the State for the acts or omissions of the Contractor or any of the Contractor’s agents or employees, or any other person not an employee or agent of the ARCHITECT/ENGINEER performing work on the Project. The ARCHITECT/ENGINEER shall be responsible for and shall pay the amount of any increase in the total Contract Price or the total Change Order(s) Price, which increase results from an error, inconsistency, or omission in the Contract Documents or instructions. 1.1.9.14. ARCHITECT/ENGINEER shall furnish to the State, a complete set of marked-up drawings and specifications showing all the changes to the Construction Documents made by Addenda, Change Orders, Shop Drawings, RFIs and other information received from the Clerk; and General Contractor’s As-built markups. The changes to the drawings are to be created on a separate layer in the DWG set and highlighted in a box, cloud or the like in the PDF set. The specifications are also to differentiate the changes made by highlighting in a box, cloud, etc. and be provided in Microsoft Word. These drawings and specifications shall be supplied within three (3) months of the date of Substantial Completion and before final payment. 1.1.9.15. Architect/Engineer (and design team members as required) shall conduct a one-year warranty inspection of the completed construction project between the eleventh and twelfth month from the date of substantial completion and shall issue a list of defective items needing correction to the Contractor.

  • Contract Construction 6.27.1 The parties acknowledge that each party and its counsel have reviewed this CONTRACT and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this CONTRACT or any amendment or exhibits hereto.

  • Traffic Measurement and Billing over Interconnection Trunks 6.1 For billing purposes, each Party shall pass Calling Party Number (CPN) information on at least ninety-five percent (95%) of calls carried over the Interconnection Trunks. 6.1.1 As used in this Section 6, “Traffic Rate” means the applicable Reciprocal Compensation Traffic rate, Measured Internet Traffic rate, intrastate Switched Exchange Access Service rate, interstate Switched Exchange Access Service rate, or intrastate/interstate Tandem Transit Traffic rate, as provided in the Pricing Attachment, an applicable Tariff, or, for Measured Internet Traffic, the FCC Internet Order. 6.1.2 If the originating Party passes CPN on ninety-five percent (95%) or more of its calls, the receiving Party shall xxxx the originating Party the Traffic Rate applicable to each relevant minute of traffic for which CPN is passed. For any remaining (up to 5%) calls without CPN information, the receiving Party shall xxxx the originating Party for such traffic at the Traffic Rate applicable to each relevant minute of traffic, in direct proportion to the minutes of use of calls passed with CPN information. 6.1.3 If the originating Party passes CPN on less than ninety-five percent (95%) of its calls and the originating Party chooses to combine Reciprocal Compensation Traffic and Toll Traffic on the same trunk group, the receiving Party shall xxxx the higher of its interstate Switched Exchange Access Service rates or its intrastate Switched Exchange Access Services rates for all traffic that is passed without CPN, unless the Parties agree that other rates should apply to such traffic. 6.2 At such time as a receiving Party has the capability, on an automated basis, to use such CPN to classify traffic delivered over Interconnection Trunks by the other Party by Traffic Rate type (e.g., Reciprocal Compensation Traffic/Measured Internet Traffic, intrastate Switched Exchange Access Service, interstate Switched Exchange Access Service, or intrastate/interstate Tandem Transit Traffic), such receiving Party shall xxxx the originating Party the Traffic Rate applicable to each relevant minute of traffic for which CPN is passed. If the receiving Party lacks the capability, on an automated basis, to use CPN information on an automated basis to classify traffic delivered by the other Party by Traffic Rate type, the originating Party will supply Traffic Factor 1 and Traffic Factor

  • Construction Phase Services 3.1.1 – Basic Construction Services

  • Export Control Compliance User acknowledges that Center is an open laboratory for fundamental research that has many foreign persons as its employees and students. User understands and agrees that under no circumstances will User bring export control-listed items, or unpublished software source code or technical information in the form of defense articles or technical data regulated by the International Traffic in Arms Regulations (ITAR), to Center. Use of Center or facilities for activity subject to the ITAR, including the development, assembly or fabrication of defense articles identified on the US Munitions List, is prohibited.

  • Project Construction The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure: 1. Coordination and providing supervision to all Subcontractor and workers; 2. Posting of the prevailing wage scale; 3. Maintaining a copy of the Contractors safety program manual made available to all construction personnel; 4. Conducting weekly on-site safety meetings; 5. Completing the daily labor and construction progress log on a daily basis and submit copies to the County on a daily basis. Copies of the previous day’s reports must be submitted by 9:00AM of the following day. a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by trade providing services for the day. b. Construction progress log is to include a narrative of the Work provided by trade(s). Narrative agrees to include the various areas of the jobsite where Work was performed and any problems or conditions that were encountered. c. In the event the Contractor fails to provide a daily log and/or construction progress log, the County may impose damages against the Contractor in the amount of fifty dollars ($50.00) for each log and deduct from the Contractor’s payment request, for each day the Contractor does not provide the documentation. 6. County may suspend Contractor operations if no Contractor Superintendent is observed. All delays caused by the suspension will be the responsibility of the Contractor. No time extension or claims for cost(s) associated with the suspension will be granted by the County.

  • Construction Administration Phase Delete the following paragraph if Submittal Exchange isn’t going to be used: 2.

  • Construction of the Project Highway (i) The Contractor shall construct the Project Highway as specified in Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. The [650th (six hundred and fiftieth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof. (ii) The Contractor shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority of a sum calculated at the rate of 0.05% (zero point zero five percent) of the Contract Price for delay of each day reckoned from the date specified in Schedule –J and until such Project Milestone is achieved or the Project Highway is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-J has been amended as above; provided further that in the event the Project Highway is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3 (ii) shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.5 (ii). (iii) The Authority shall notify the Contractor of its decision to impose Damages in pursuance with the provisions of this Clause 10.3. Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. If the damages exceed 10% (ten percent) of the Contract Price, the Contractor shall be deemed to be in default of this agreement having no cure and the Authority shall be entitled to terminate this Agreement by issuing a Termination Notice in accordance with the provisions of Clause 23.1 (ii). (iv) In the event that the Contractor fails to achieve the Project Completion within a period of 90 (ninety) days from the Schedule Completion Date set forth in Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, the contractor shall be deemed to be ineligible for bidding any future projects of the Authority, both as the sole party or as one of the parties of Joint Venture/ Consortium during the period from Scheduled Completion Date to issuance of Completion Certificate. This restriction is applicable if the contract value of the delayed project is not less than Rs. 300 Crore.

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • Transit Traffic 7.2.2.3.1 CenturyLink will accept traffic originated by CLEC’s network and/or its end user(s) for termination to other Telecommunications Carrier’s network and/or its end users that is connected to CenturyLink's Switch. CenturyLink will also terminate traffic from these other Telecommunications Carriers’ network and/or its end users to CLEC’s network and/or its end users. For purposes of the Agreement, transit traffic does not include traffic carried by Interexchange Carriers. That traffic is defined as Jointly Provided Switched Access. 7.2.2.3.2 The Parties involved in transporting transit traffic will deliver calls to each involved network with CCS/SS7 protocol and the appropriate ISUP/TCAP messages to facilitate full Interoperability and Billing functions. 7.2.2.3.3 The originating company is responsible for payment of appropriate rates to the transit company and to the terminating company. The Parties agree to enter into traffic exchange agreements with third party Telecommunications Carriers prior to delivering traffic to be transited to third party Telecommunications Carriers. In the event one Party originates traffic that transits the second Party’s network to reach a third party Telecommunications Carrier with whom the originating Party does not have a traffic exchange agreement, then the originating Party will indemnify, defend and hold harmless the second Party against any and all charges levied by such third party Telecommunications Carrier, including any termination charges related to such traffic and any attorneys fees and expenses. In the case of IntraLATA LEC Toll traffic where CenturyLink is the designated IntraLATA Toll provider for existing LECs, CenturyLink will be responsible for payment of appropriate usage rates. 7.2.2.3.4 When CenturyLink receives an unqueried call from CLEC to a telephone number that has been ported to another local services provider, the transit rate will apply in addition to any query rates. 7.2.2.3.5 In the case of a transit call that terminates in the Local Calling Area but in a different state than the call originated, and the CLEC does not have an agreement with CenturyLink in the state where the transit call terminated, CLEC must execute an agreement for that state if it is a state served by CenturyLink. In the absence of a second agreement, the transit rate in Exhibit A of this Agreement will be billed to the CLEC.

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