Nonconforming Facilities-- Generally. Except as addressed in the limited circumstances described in Section 3.8.1 above relating to a finding of no impairment, Verizon will notify Hello Depot in writing as to any particular unbundled facility previously made available to Hello Depot that is or becomes a Nonconforming Facility, as defined herein. The Parties acknowledge that such notice was issued prior to the execution of this Amendment with respect to certain Nonconforming Facilities. During a transitional period of thirty (30) days from the date of such notice, Verizon agrees to continue providing the Nonconforming Facilities addressed in the subject notice(s) to Hello Depot under the terms of the Amended Agreement. At the end of that thirty (30) day period, unless Hello Depot has submitted an LSR or ASR, as appropriate, to Verizon requesting disconnection of the Nonconforming Facility, Verizon shall, subject to Section 3.8.3 below, convert the subject Nonconforming Facilities to an analogous access service, if available, or if no analogous access service is available, to such other service arrangement as Hello Depot may have separately secured from Verizon (e.g., a separate agreement at market-based rates or resale); provided, however, that where there is no analogous access service, if Hello Depot has not separately secured from Verizon, subject to Section 3.8.3 below, a substitute service within such thirty (30) day period, then Verizon may disconnect the Nonconforming Facilities; and provided, further, that with respect to any dark fiber facility that, pursuant to the terms of this Amendment, is (or becomes) a Nonconforming Facility, the transition period shall be ninety (90) days from the date of the aforementioned notice; and provided further, that unless Hello Depot, subject to Section 3.8.3 below, has separately secured from Verizon a suitable transitional services agreement for such dark fiber facilities within that ninety (90) day period, Verizon may disconnect the Nonconforming Facility in question. Where the Nonconforming Facilities are converted to an analogous access service, Verizon shall, subject to Section 3.8.3 below, provide such access services at the month-to-month rates, and in accordance with the terms and conditions, of Verizon’s applicable access tariff, with the effective xxxx date being the first day following the thirty (30) day notice period. Hello Depot shall pay all applicable termination charges, if any, for any Nonconforming Facilities that Hello Depot reques...
Nonconforming Facilities-- Generally. Except as addressed in the limited circumstances described in Section 3.8.1 above relating to a finding of no impairment, Verizon will notify Xxxxxxx in writing as to any particular unbundled facility previously made available to Xxxxxxx that is or becomes a Nonconforming Facility, as defined herein. The Parties acknowledge that such notice was issued prior to the execution of this Amendment with respect to certain Nonconforming Facilities. During a transitional period of thirty (30) days from the date of such notice, Verizon agrees to continue providing the Nonconforming Facilities addressed in the subject notice(s) to Xxxxxxx under the terms of the Amended Agreement. At the end of that thirty (30) day period, unless Xxxxxxx has submitted an LSR or ASR, as appropriate, to Verizon requesting disconnection of the Nonconforming Facility, Verizon shall, subject to Section 3.8.3 below, convert the subject Nonconforming Facilities to an analogous access service, if available, or if no analogous access service is available, to such other service arrangement as Xxxxxxx may have separately secured from Verizon (e.g., a separate agreement at market-based rates or resale); provided, however, that where there is no analogous access service, if Xxxxxxx has not separately secured from Verizon, subject to Section 3.8.3 below, a substitute service within such thirty
