Dial Access Network Clause Samples

Dial Access Network. We will provide to you dial access for data transport for your Subscribers as described in this Agreement as a "Service". We will provide this Service to you in all locations in which, on the effective date of this Agreement, such dial access service already exists. You agree to provide to us a list of current dial access locations, which list shall be Appendix "A" to this Agreement. Effective March 15, 2000 or at such time within 60 days thereof as may be agreed upon, the Service provided at dial access locations identified on Appendix "A-1" will be discontinued. We may substitute a new site for an existing location upon 30 days prior notice of change, with 60 days simultaneous usage. You may request new sites to exceed an 80% coverage, by population, for local dial access; but we will not be obligated to provide dial access Service in any new dial access location with usage in any month of less than 5,000 dial hours unless we review the location for the new site and approve the creation of a new site at such location, in our sole discretion. We can modify the site coverage only with your permission, unless the modification is for a substitution of existing coverage, in which case we do not need your permission. Any new sites added by us for Services will be available to you if you choose to use them. The data traffic dial access Service shall include the receipt of inbound data dial traffic from your Subscribers and the muting of such traffic to another Subscriber, to a proxy server, to a regional server, to your data center at Yorktown or to the selected Internet Network Access Points ("NAP"). We will not support initiating a call to another Subscriber's telephone. We shall, in our sole discretion, decide the number of dial ports we provide to serve each site, as well as the method we use to provide Service to each site provided the grades and standards of service as set forth in this Agreement are met. Examples of methods we may use to provide this Service include: . a physical site presence with modem ports; or . a virtual presence using call forwarding or a foreign exchange. All new access equipment provided by us will have speed capacity with respect to backbone access, and with respect to Subscriber access, consistent with the service that can and will be provided from that site. For example, we will not install equipment with a speed higher than the existing line infrastructure can support, except we acknowledge that we shall install 56K capable b...
Dial Access Network. (a) McLeodUSA will provide dial access for data ---- -------------------- transport for Prodigy End Users (for purposes of this section "Service"). McLeodUSA will provide this Service to Prodigy in all locations in which, on the Effective Date of this Agreement, such dial access service already exists. (b) The Service will be provided to all current dial access locations listed on Schedule 25.1 to this Agreement plus other locations as McLeodUSA builds, acquires new facilities, or has dial access facilities presently. McLeodUSA may substitute a new POP for an existing POP upon thirty (30) days prior notice of the change and with sixty (60) days simultaneous usage so long as McLeodUSA provides porting of the traffic to the new site. Prodigy may request new sites for local dial access; but McLeodUSA will not be obligated to provide dial access Service in any new dial access location with usage in any month of less than five thousand (5,000) dial hours unless McLeodUSA reviews the location for the new site and approves the creation of a new site at such location, in its sole discretion. Within ninety (90) days of execution of this Agreement, McLeodUSA will evaluate expanding its dial access coverage for all Prodigy customers and provide Prodigy with pricing for such expansion on a per city rate basis. McLeodUSA can modify the site coverage only with Prodigy's permission, unless the modification is for a substitution of existing coverage, in which case McLeodUSA does not need Prodigy's permission but any new access number added must be coordinated with Prodigy so that Prodigy's customers can be given adequate notice of the change. Any new dial access sites added by McLeodUSA for Services will be available to Prodigy, if Prodigy chooses to use them. The Parties agree to discuss within a commercially reasonable timeframe, and from time to time whether they should eliminate any of the POPs identified in Schedule 25.1 due to underutilization or to provide a reduction in cost to either party. If the Parties agree that those locations should be eliminated, McLeodUSA agrees to arrange for porting of those dial access numbers to another provider of Prodigy's choice when technically and economically feasible. (c) The Service shall include the receipt of inbound data dial traffic from Prodigy's End Users and the muting of such traffic to another End User, to a regional server, to Prodigy's data center at Yorktown Heights, or to the selected Internet NAPs. McLeodUSA will...