Termination of Service (a) If, prior to the Expiration Date, the Participant’s Service with the Company shall terminate (the date of termination being the “Date of Termination”) by reason of a Normal Termination (as defined in the Plan), the Options shall remain exercisable until the earlier of the Expiration Date or the day three (3) months after the Date of Termination to the extent the Options were vested and exercisable as of the Date of Termination.
(b) If the Participant’s Service with the Company shall cease prior to the Expiration Date by reason of death or disability, or the Participant shall die or become disabled while entitled to exercise any of the Options pursuant to paragraph 3(a), the Participant or the Participant’s legal representative, or, in the case of death, the executor or administrator of the estate of the Participant or the person or persons to whom the Options shall have been validly transferred by the executor or administrator pursuant to will or the laws of descent and distribution, shall have the right, until the earlier of the Expiration Date or one year after the date of death or disability, to exercise the Options to the extent that the Participant was entitled to exercise them on the date of death or disability.
(c) If, prior to the Expiration Date, the Participant’s Service with the Company is terminated for “Cause” (as defined in the Plan), (i) unless otherwise provided by the Committee, the Options, to the extent not exercised as of the Date of Termination, shall lapse and be canceled, and (ii) all shares of Common Stock received pursuant to an exercise of the Options after such termination, in contravention of subsection (i) above, may be purchased by the Company at its discretion for the exercise price of such shares paid by the Participant. If the Participant’s Service relationship with the Company is suspended pending an investigation of whether the Participant shall be terminated for Cause, all the Participant’s rights with respect to the Options shall be suspended during the period of investigation.
(d) If, prior to the Expiration Date, the Participant’s Service with the Company is terminated other than for Cause, a Normal Termination, death or disability, the Options, to the extent then vested and exercisable as of the Date of Termination, shall remain exercisable until the earlier of the Expiration Date or thirty (30) days after the Date of Termination.
(e) After the expiration of any exercise period described in any of Sections 3(a) - (d) hereof, or otherwise upon the Expiration Date, the Options shall terminate together with all of the Participant’s rights hereunder, to the extent not previously exercised.
Description of Service 2.14.1.1 BellSouth shall make available to SouthEast loop makeup (LMU) data for BellSouth's network facilities. This section addresses LMU as a preordering transaction, distinct from SouthEast ordering any other service(s). Loop Makeup Service Inquiries (LMUSI) for preordering loop makeup are likewise unique from other preordering functions with associated service inquiries (SI) as described in this Agreement.
2.14.1.2 BellSouth will provide SouthEast with loop makeup information consisting of the composition of the loop material (copper/fiber); the existence, location and type of equipment on the loop, including but not limited to digital loop carrier or other remote concentration devises, feeder/distribution interfaces, bridge taps, load coils, pair-gain devices; the loop length; and the wire gauge. The LMUSI may be utilized by SouthEast for the purpose of determining whether the loop requested is capable of supporting DSL service or other advanced data services. The determination shall be made solely by SouthEast and BellSouth shall not be liable in any way for the performance of the advanced data services provisioned over said loop.
2.14.1.3 BellSouth’s LMU information is provided to SouthEast as it exists either in BellSouth's databases or in its hard copy facility records. BellSouth does not guarantee accuracy or reliability of the LMU information provided.
2.14.1.4 BellSouth offers LMU information for the sole purpose of allowing SouthEast to determine whether, in SouthEast’s judgment, BellSouth's loops will support the specific services that SouthEast wishes to provide over those loops. SouthEast may choose to use equipment that it deems will enable it to provide a certain type and level of service over a particular BellSouth loop; however, such configurations may not match BellSouth's or the industry’s standards and specifications for the intended type and level of service. Accordingly, SouthEast shall be responsible for insuring that the specific loop type (ADSL, HDSL, or otherwise) ordered on the LSR matches the LMU of the facility requested. SouthEast bears full responsibility for being knowledgeable of BellSouth's technical standards and the specifications of BellSouth's loops. SouthEast bears full responsibility for making the appropriate ordering decisions of matching BellSouth loops with SouthEast's equipment for accomplishing SouthEast's end goal for the intended service it wishes to provide its end-user(s). SouthEast is fully responsible for any of its service configurations that may differ from BellSouth's technical standard for the loop type ordered.
