Common use of Design Four Clause in Contracts

Design Four. Upon mutual agreement of the Parties, both Charter and CenturyTel may each provide two fibers between their respective locations. This design may only be considered where existing fibers are Currently Available and there is a mutual benefit to both Parties. ILEC will establish, deploy, maintain, and assume responsibility for the fibers associated with the “working” side of the system. Charter will establish, deploy, maintain, and assume responsibility for the fibers associated with the “protection” side of the system. The Parties will work cooperatively to terminate each other’s fiber in order to provision this joint SONET ring, or point- to-point linear system. Both Parties will work cooperatively to determine the appropriate technical handoff for purposes of demarcation and fault isolation. For purposes of this fiber meet design option, the POI will be defined as located at the POI location established by the Parties pursuant to this Section 2 of Article V. Notwithstanding the Parties’ decision to define the POI in the manner described above, the Parties agree that each Party will be solely responsible for all of the deployment and ongoing maintenance costs associated with the fibers that it establishes and deploys under this design option.

Design Four. Upon mutual agreement of the Parties, both Charter and CenturyTel may each provide two fibers between their respective locations. This design may only be considered where existing fibers are Currently Available and there is a mutual benefit to both Parties. ILEC will establish, deploy, maintain, and assume responsibility for the fibers associated with the “working” side of the system. Charter will establish, deploy, maintain, and assume responsibility for the fibers associated with the “protection” side of the system. The Parties will work cooperatively to terminate each other’s fiber in order to provision this joint SONET ring, or point- point-to-point linear system. Both Parties will work cooperatively to determine the appropriate technical handoff for purposes of demarcation and fault isolation. For purposes of this fiber meet design option, the POI will be defined as located at a location mutually agreeable to the POI location established by the Parties pursuant to this Section 2 of Article V. Parties. Notwithstanding the Parties’ decision to define the POI POI, in the manner described above, the Parties agree that each Party will be solely responsible for all of the deployment and ongoing maintenance costs associated with the fibers that it establishes and deploys under this design option, regardless of the location of the POI agreed upon by the Parties.