Common use of Maintenance – Line Splitting – UNE-L Clause in Contracts

Maintenance – Line Splitting – UNE-L. 3.5.1 AT&T will be responsible for repairing voice troubles and the troubles with the physical loop between the NID at the customer’s premises and the termination point. 3.5.2 TWTC shall indemnify, defend and hold harmless AT&T from and against any claims, losses, actions, causes of action, suits, demands, damages, injury, and costs including reasonable attorney fees, which arise out of actions related to the other service provider, except to the extent caused by AT&T’s gross negligence or willful misconduct. 3.5.3 For the state of Alabama, the following rights are in addition to the general indemnification rights set forth above: 3.5.3.1 PROVIDED, HOWEVER, that all amounts advanced in respect of such claims, losses and costs shall be repaid to TWTC by AT&T if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that AT&T is not entitled to be indemnified for such claims, losses and costs because the Claims, Losses and Costs arose as a result of AT&T’s gross negligence or willful misconduct. Version: 4Q06 Standard ICA 11/30/06 3.5.3.2 AT&T will indemnify, defend and hold harmless TWTC from and against any Claims, Losses and Costs which arise out of actions related to the other service provider (i.e. CLEC party to the line splitting arrangement who is not TWTC brought against TWTC to the extent such Claim alleges that the cause of Claim, Loss and Cost was found to be the result of AT&T’s gross negligence or willful misconduct.