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

Maintenance – Line Splitting – UNE-L. 3.5.1 BellSouth 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 VarTec shall indemnify, defend and hold harmless BellSouth 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 BellSouth’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 VarTec by BellSouth if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that BellSouth is not entitled to be indemnified for such claims, losses and costs because the Claims, Losses and Costs arose as a result of BellSouth’s gross negligence or willful misconduct. 3.5.3.2 BellSouth will indemnify, defend and hold harmless VarTec 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 VarTec brought against VarTec to the extent such Claim alleges that the cause of Claim, Loss and Cost was found to be the result of BellSouth’s gross negligence or willful misconduct. 3.5.3.3 PROVIDED, HOWEVER, that BellSouth shall have no obligation to indemnify VarTec under this section unless VarTec provides BellSouth with prompt written notice of any such Claim; VarTec permits BellSouth to assume and control the defense to such action, with counsel chosen by BellSouth; and BellSouth does not enter into any settlement or compromise of such Claim. 3.5.3.4 PROVIDED, HOWEVER, that all amounts advanced in respect of such Claims, Losses and Costs shall be repaid to BellSouth by VarTec if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that VarTec is not entitled to be indemnified for such Claims, Losses and Costs because the Claims, Losses and Costs did not arises as a result of BellSouth’s gross negligence or willful misconduct.

Maintenance – Line Splitting – UNE-L. 3.5.1 BellSouth 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 VarTec <<customer_short_name>> shall indemnify, defend and hold harmless BellSouth 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 BellSouth’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 VarTec <<customer_short_name>> by BellSouth if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that BellSouth is not entitled to be indemnified for such claims, losses and costs because the Claims, Losses and Costs arose as a result of BellSouth’s gross negligence or willful misconduct. 3.5.3.2 BellSouth will indemnify, defend and hold harmless VarTec <<customer_short_name>> 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 VarTec <<customer_short_name>> brought against VarTec to the extent such Claim alleges that the cause of Claim, Loss and Cost was found to be the result of BellSouth’s gross negligence or willful misconduct.against 3.5.3.3 PROVIDED, HOWEVER, that BellSouth shall have no obligation to indemnify VarTec <<customer_short_name>> under this section unless VarTec <<customer_short_name>> provides BellSouth with prompt written notice of any such Claim; VarTec <<customer_short_name>> permits BellSouth to assume and control the defense to such action, with counsel chosen by BellSouth; and BellSouth does not enter into any settlement or compromise of such Claim. 3.5.3.4 PROVIDED, HOWEVER, that all amounts advanced in respect of such Claims, Losses and Costs shall be repaid to BellSouth by VarTec <<customer_short_name>> if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that VarTec is not entitled to be indemnified for such Claims, Losses and Costs because the Claims, Losses and Costs did not arises as a result of BellSouth’s gross negligence or willful misconduct.Version: 4Q06 Standard ICA 11/30/06

Maintenance – Line Splitting – UNE-L. 3.5.1 BellSouth 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 VarTec Excel shall indemnify, defend and hold harmless BellSouth 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 BellSouth’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 VarTec Excel by BellSouth if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that BellSouth is not entitled to be indemnified for such claims, losses and costs because the Claims, Losses and Costs arose as a result of BellSouth’s gross negligence or willful misconduct. 3.5.3.2 BellSouth will indemnify, defend and hold harmless VarTec Excel 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 VarTec Excel brought against VarTec Excel to the extent such Claim alleges that the cause of Claim, Loss and Cost was found to be the result of BellSouth’s gross negligence or willful misconduct. 3.5.3.3 PROVIDED, HOWEVER, that BellSouth shall have no obligation to indemnify VarTec Excel under this section unless VarTec Excel provides BellSouth with prompt written notice of any such Claim; VarTec Excel permits BellSouth to assume and control the defense to such action, with counsel chosen by BellSouth; and BellSouth does not enter into any settlement or compromise of such Claim. 3.5.3.4 PROVIDED, HOWEVER, that all amounts advanced in respect of such Claims, Losses and Costs shall be repaid to BellSouth by VarTec Excel if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that VarTec Excel is not entitled to be indemnified for such Claims, Losses and Costs because the Claims, Losses and Costs did not arises as a result of BellSouth’s gross negligence or willful misconduct.

Maintenance – Line Splitting – UNE-L. 3.5.1 BellSouth 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 VarTec BLC Management shall indemnify, defend and hold harmless BellSouth 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 BellSouthAT&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 VarTec BLC Management by BellSouth AT&T if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that BellSouth 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 BellSouthAT&T’s gross negligence or willful misconduct. 3.5.3.2 BellSouth AT&T will indemnify, defend and hold harmless VarTec BLC Management 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 VarTec BLC Management brought against VarTec BLC Management to the extent such Claim alleges that the cause of Claim, Loss and Cost was found to be the result of BellSouthAT&T’s gross negligence or willful misconduct. 3.5.3.3 PROVIDED, HOWEVER, that BellSouth AT&T shall have no obligation to indemnify VarTec BLC Management under this section unless VarTec BLC Management provides BellSouth AT&T with prompt written notice of any such Claim; VarTec BLC Management permits BellSouth AT&T to assume and control the defense to such action, with counsel chosen by BellSouthAT&T; and BellSouth AT&T does not enter into any settlement or compromise of such Claim. 3.5.3.4 PROVIDED, HOWEVER, that all amounts advanced in respect of such Claims, Losses and Costs shall be repaid to BellSouth AT&T by VarTec BLC Management if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that VarTec BLC Management is not entitled to be indemnified for such Claims, Losses and Costs because the Claims, Losses and Costs did not arises as a result of BellSouthAT&T’s gross negligence or willful misconduct.

Maintenance – Line Splitting – UNE-L. 3.5.1 BellSouth 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 VarTec FPB shall indemnify, defend and hold harmless BellSouth 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 BellSouth’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 VarTec FPB by BellSouth if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that BellSouth is not entitled to be indemnified for such claims, losses and costs because the Claims, Losses and Costs arose as a result of BellSouth’s gross negligence or willful misconduct. 3.5.3.2 BellSouth will indemnify, defend and hold harmless VarTec FPB 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 VarTec FPB brought against VarTec FPB to the extent such Claim alleges that the cause of Claim, Loss and Cost was found to be the result of BellSouth’s gross negligence or willful misconduct. 3.5.3.3 PROVIDED, HOWEVER, that BellSouth shall have no obligation to indemnify VarTec FPB under this section unless VarTec FPB provides BellSouth with prompt written notice of any such Claim; VarTec FPB permits BellSouth to assume and control the defense to such action, with counsel chosen by BellSouth; and BellSouth does not enter into any settlement or compromise of such Claim. 3.5.3.4 PROVIDED, HOWEVER, that all amounts advanced in respect of such Claims, Losses and Costs shall be repaid to BellSouth by VarTec FPB if it shall ultimately be determined in a final judgment without further appeal by a court of appropriate jurisdiction that VarTec FPB is not entitled to be indemnified for such Claims, Losses and Costs because the Claims, Losses and Costs did not arises as a result of BellSouth’s gross negligence or willful misconduct.