Common use of Interim Universal Service Support Charge for Resale Services Clause in Contracts

Interim Universal Service Support Charge for Resale Services. Pathnet wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet RECONEX wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet RECONEX pays the monthly interim universal service support charge set forth in Appendix C. GTE A. XXX believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet RECONEX agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet RECONEX will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet NEWSOUTH wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet NEWSOUTH pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet NEWSOUTH agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet will NEWSOUTH will (i) begin paying the monthly interim surcharge in accord with Appendix C, and and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet First Choice wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet First Choice pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet First Choice agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet First Choice will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet Omniplex wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet Omniplex pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet Omniplex agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet will Omniplex will (i) begin paying the monthly interim surcharge in accord with Appendix C, and and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet SUNTEL wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet SUNTEL pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet SUNTEL agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet will SUNTEL will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet EZPHONE wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet EZPHONE pays the monthly interim universal service support charge set forth in Appendix C. GTE A. XXX believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet XXXXXXX agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet EZPHONE will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet eti wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet eti pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet eti agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet eti will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet US Dial Tone wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet US Dial Tone pays the monthly interim universal service support charge set forth in Appendix C. GTE XXX believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet US Dial Tone agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet US Dial Tone will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet USTELCOM wishes to resell GTE’s 's Basic Exchange Residential and Business services. It is GTE’s 's position that GTE’s 's current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s 's local service but does not resell GTE’s 's intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet USTELCOM pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s 's interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet USTELCOM agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s 's interim surcharge, Pathnet USTELCOM will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s 's interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s 's interim surcharge or the Commission’s 's rejection or modification of GTE’s 's interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet Empire wishes to resell GTEVerizon’s Basic Exchange Residential and Business services. It is GTEVerizon’s position that GTEVerizon’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTEVerizon’s local service but does not resell GTEVerizon’s intraLATA toll service. For this reason, GTE will Verizon’s position is that it should not be obligated to resell Basic Exchange Residential or Business services unless Pathnet Empire pays the monthly interim universal service support charge set forth in Appendix C. GTE Verizon believes that this interim surcharge is required by state and federal law. The lawfulness of GTEVerizon’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE notwithstanding this first paragraph of this Section 2.2, Verizon will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet Empire agrees that within thirty (30) days after the effective date Effective Date of a final non- appealable Commission or court order affirming GTEVerizon’s interim surcharge, Pathnet Empire will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE Verizon of the total interim surcharges retroactive to the effective date Effective Date of this agreementAgreement, or to the date upon which such order authorizes Verizon to commence assessment of the interim surcharges, whichever is later. 2.2.2 Notwithstanding any provision in this Agreement, GTE Verizon may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTEVerizon’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE Verizon from seeking injunctive relief or any other remedy at any time and in any court regarding GTEVerizon’s interim surcharge or the Commission’s rejection or modification of GTEVerizon’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet JTC wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet JTC pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet JTC agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet JTC will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet ANNOX wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet ANNOX pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet ANNOX agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet ANNOX will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet SETI wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet SETI pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet SETI agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet SETI will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet NAS wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet NAS pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet NAS agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet NAS will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet NorthPoint wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet NorthPoint pays the monthly interim universal service support charge set forth in Appendix C. GTE XXX believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet NorthPoint agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet NorthPoint will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) to the extent required by the terms of a Commission or court order relating to the interim surcharge, NorthPoint will make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.or

Interim Universal Service Support Charge for Resale Services. Pathnet TELECONEX wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet TELECONEX pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet TELECONEX agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet TELECONEX will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet SMOKESIGNAL wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet SMOKESIGNAL pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet SMOKESIGNAL agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet will SMOKESIGNAL will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet GSCOMM wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet GSCOMM pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet GSCOMM agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet GSCOMM will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet dPi wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet dPi pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet dPi agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet dPi will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet DSL wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet DSL pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet DSL agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet DSL will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet US Dial Tone wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet US Dial Tone pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet US Dial Tone agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet US Dial Tone will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet NOW wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet NOW pays the monthly interim universal service support charge set forth in Appendix C. A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet NOW agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet NOW will (i) begin paying the monthly interim surcharge in accord with Appendix CA, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet TOUCHTONE wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet TOUCHTONE pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet TOUCHTONE agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet will TOUCHTONE will (i) begin paying the monthly interim surcharge in accord with Appendix C, and and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet DSL wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet DSL pays the monthly interim universal service support charge set forth in Appendix C. GTE XXX believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet DSL agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet DSL will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge for Resale Services. Pathnet NT wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Pathnet NT pays the monthly interim universal service support charge set forth in Appendix C. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Pathnet NT agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Pathnet NT will (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.