Common use of Network Harm Clause in Contracts

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that interferes with third parties in the use of their service, prevents third parties from using their service, impairs the quality of service to other carriers or to either Party’s End User Customers; causes electrical hazards to either Party’s personnel, damage to either Party’s equipment or malfunction of either Party’s billing equipment (individually and collectively, “Network Harm”). If a Network Harm will occur, or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever prior notice is not practicable, such Party may temporarily discontinue or refuse service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance or refusal, such Party will: 7.5.1 Promptly notify the other Party of such temporary discontinuance or refusal; 7.5.2 Afford the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal; and 7.5.3 Inform the other Party of its right to bring a complaint to the Commission, FCC, or a court of competent jurisdiction. Ancillary Services Attachment 1. Telecommunications Relay Service Telecommunications Relay Service (TRS) enables deaf, hearing-impaired, or speech-impaired TRS users to reach other telephone users. Each Party is responsible for providing access to TRS for its End User Customers.

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that interferes with third parties in the use of their service, prevents third parties from using their service, impairs the quality of service to other carriers or to either Party’s End User Customers; causes electrical hazards to either Party’s personnel, damage to either Party’s equipment or malfunction of either Party’s billing equipment (individually and collectively, “Network Harm”). If a Network Harm will occur, or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever if prior notice is not practicable, such Party may temporarily discontinue or refuse service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance or refusal, such Party will: 7.5.1 Promptly notify the other Party of such temporary discontinuance or refusal; 7.5.2 Afford the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal; and 7.5.3 Inform the other Party of its right to bring a complaint to the Commission, FCC, or a court of competent jurisdiction. Ancillary Services Attachment ANCILLARY SERVICES ATTACHMENT 1. Telecommunications Relay Service Telecommunications Relay Service (TRS) enables deaf911/E-911 ARRANGEMENTS 1.1 ILEC utilizes AT&T for the provision of 911/E-911 services. For all 911 services to End User Customers or Retail Providers, hearing-impaired, or speech-impaired TRS users to reach other telephone users. Each Party CLEC is responsible for providing access connecting to TRS for its End User Customers.AT&T and populating AT&T database. All relations between AT&T and CLEC are totally separate from this Agreement and ILEC makes no representations on behalf of AT&T.