Common use of OPERATIONAL AND COMMERCIAL MATTERS Clause in Contracts

OPERATIONAL AND COMMERCIAL MATTERS. 3.1 The point of interconnection with CARRIER for the provision of IDX Services by IDX shall be at CONNECTION POINT (the "IDX Interconnection Location"). IDX will initially provide and pay for INBOUND T1s, and CARRIER will initially provide and pay for OUTBOUND T1s. IDX Services Agreement with CARRIER. 3.2 CARRIER shall be responsible to procure, at its own expense, all necessary switching and multiplexer equipment to be located in the CARRIER Interconnection Location to provide voice compression & decompression plus International Direct Distance Dialing. This equipment shall remain the property of CARRIER. CARRIER agrees to provide and be responsible for the operation of the local facility, and shall provide 7 days and 24 hours of facility management and maintenance at the CARRIER Location. 3.3 IDX shall be responsible to procure, at its own expense, all necessary, switching and multiplexer equipment to be located in the IDX Interconnection Location to provide voice compression & decompression plus International Direct Distance Dialing. This equipment shall remain the property of IDX. IDX shall provide 7 days and 24 hours of facility management and maintenance at the IDX Location. 3.4 The cost of a link will be paid by the party using it. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing and operating, at its own expense, its respective network facilities. The Parties also shall interface on a 24 hours/7 days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks, and with the identification, investigation and mitigation of real time traffic flow problems to/from any service destination. 3.5 CARRIER shall provide prompt and accurate traffic forecasting information in order to allow the efficient provisioning of the Services. Initial forecasts shall be provided prior to the Services Date and periodically thereafter as may be reasonably requested by IDX. Such forecasts shall be in a form satisfactory to IDX and shall specify traffic volumes, daily and seasonal profiles, and peak periods for each Destination. 3.6 IDX reserves the right to cancel and/or temporarily suspend any of all of the IDX Services if CARRIER engages in activities which, in the reasonable opinion of IDX, may cause disruption of service or damage to IDX's network of facilities. IDX shall use commercially reasonable efforts to provide CARRIER with advance notice of such suspension and or cancellation and in any case shall endeavor to provide written confirmation of such suspension and or cancellation within a commercially reasonable time thereafter.

OPERATIONAL AND COMMERCIAL MATTERS. 3.1 The point of interconnection with CARRIER TGC for the provision provisions of IDX Services by IDX shall be at CONNECTION POINT Whitehall Street, New York, New York (the "IDX Interconnection LocationInterconnexxxxx Xxxxxxxx"). IDX will initially provide and pay Xxx xxxxx xx xxxxxconnection for INBOUND T1sthe provisions of TGC Services by TGC shall be at 421 7th Avenue, and CARRIER will initially provide and pay for OUTBOUND T1s. IDX Services Agreement with CARRIERNew York, New York (the "TGC Interconnectiox Xxxxxxxx"). 3.2 CARRIER shall be responsible 0.0 XXX xxxxx xx xxxxxxsible to procure, at its own expense, all the necessary switching and multiplexer equipment to be located in the CARRIER TGC Interconnection Location to provide voice compression & decompression plus International Direct Distance Dialing. This equipment shall remain the property of CARRIERTGC. CARRIER TGC agrees to provide and be responsible for the operation of the local facilityfacility to house the system, and shall provide 7 days and 24 hours of facility management and maintenance at the CARRIER TGC Interconnection Location. 3.3 IDX shall be responsible to procure, at its own expense, all necessary, the necessary switching and multiplexer equipment to be located in the IDX Interconnection Location to provide voice compression & decompression plus International Direct Distance Dialing. This equipment shall remain the property of IDX. IDX shall provide and be responsible for the operation of the local facility to house the system and shall provide 7 days and 24 hours of facility management and maintenance at the IDX Interconnection Location. 3.4 The cost of a the link will be paid by the party using it. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing proving and operating, at its own expense, its respective network facilities. The Parties also shall interface on a 24 hours/7 days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks, and networks a d with the identification, investigation and mitigation of real time traffic flow problems to/from any service destination. 3.5 CARRIER The Parties shall provide exchange prompt and accurate traffic forecasting information in order to allow the efficient provisioning of the Services. Initial forecasts shall be provided by each party prior to the Services Date and periodically thereafter as may be reasonably requested by IDXeither party. Such forecasts shall be in a form satisfactory to IDX the Parties and shall specify the traffic volumes, daily and seasonal profiles, profiles and peak periods for each Destination. 3.6 IDX reserves the right to cancel and/or temporarily suspend any of all of the IDX Services if CARRIER TGC engages in activities which, in the reasonable opinion of IDX, may cause disruption of service or damage to IDX's network of facilities. IDX shall use commercially reasonable efforts to provide CARRIER TGC with advance notice of such suspension and/or cancellation and in any case shall endeavor to provide written confirmation of such suspension and or cancellation within a commercially reasonable time thereafter. 3.7 TGC reserves the right to cancel and/or temporarily suspend any of all of the TGC Services if IDX engages in activities which, in the reasonable opinion of TGC, may cause disruption of service or damage to TGC's network of facilities. TGC shall use commercially reasonable efforts to provide IDX with advance notice of such suspension and or cancellation and in any case shall endeavor to provide written confirmation of such suspension and or cancellation within a commercially reasonable time thereafter.. IDX Services Agreement with TGC

OPERATIONAL AND COMMERCIAL MATTERS. 3.1 3.1. The point of interconnection with CARRIER DWSA for the provision of IDX YAK Services by IDX YAK shall be at CONNECTION POINT the 00 Xxxxxx Xxxxxx, New York, NY, (the "IDX “YAK Interconnection Location"”). IDX will initially provide and pay for INBOUND T1s, and CARRIER will initially provide and pay for OUTBOUND T1s. IDX Services Agreement with CARRIER. 3.2 CARRIER DWSA shall be responsible to procure, at its own expenseprocure and maintain, all necessary E-ls, switching and multiplexer equipment to be located in the CARRIER DWSA Interconnection Location to provide voice compression & and decompression plus International Direct Distance Dialing. This equipment shall remain the property property, of CARRIERDWSA. CARRIER DWSA agrees to provide and be responsible for the operation and maintenance of the Equipment at such local facility, facility and shall provide 7 days and 24 hours of facility management and maintenance at the CARRIER DWSA Location (the “DWSA Interconnection Location”). This equipment shall remain the property of DWSA. 3.3 IDX 3.2. YAK shall be responsible to procure, at its own expense, all necessary, switching and multiplexer equipment to be located in the IDX YAK Interconnection Location to provide voice compression & and decompression plus International Direct Distance Dialing. This equipment shall remain the property of IDXYAK. IDX YAK shall provide 7 days and 24 hours of facility management and maintenance at the IDX YAK Location. 3.4 3.3. The cost of a link will be paid by funded from the party using it“initial working capital” referenced in 3b of the CSM. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing and operating, at its own expense, its respective network facilities. The Parties also shall interface on a 24 hours/7 days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks, and with the identification, identification investigation and mitigation of real time traffic flow problems to/from any service destination. 3.5 CARRIER 3.4. DWSA shall provide prompt and accurate traffic forecasting information in accordance with the requirements outlined below in order to allow the efficient provisioning of the Services. Initial forecasts shall be provided prior to the Services Date and periodically thereafter thereafter, though not more frequently than every 90 days, as may be reasonably requested by IDXYAK. Such forecasts shall be in a form satisfactory to IDX both Parties and shall specify specify, traffic volumes, daily and seasonal profiles, and peak periods for each Destination. 3.6 IDX reserves the right . The forecasts shall represent a good faith effort by DWSA to cancel and/or temporarily suspend any of all of the IDX Services if CARRIER engages in activities which, in the reasonable opinion of IDX, may cause disruption of service or damage estimate its traffic based on historical patterns and anticipated pricing and are not intended to IDX's network of facilities. IDX shall use commercially reasonable efforts be a promise by DWSA to provide CARRIER with advance notice of traffic in such suspension and patterns or cancellation and in any case shall endeavor to provide written confirmation of such suspension and or cancellation within a commercially reasonable time thereafteramounts.

OPERATIONAL AND COMMERCIAL MATTERS. 3.1 4.1 The point of interconnection with CARRIER Destia for the provision of IDX Services by IDX shall be at CONNECTION POINT 11410 Xxxxx Xxxxxx Xxxxxx Xxxxx, xxxxx 000, Xxxxxx. XX 00000, a Washington D.C. connection point (the "IDX Interconnection Location"). IDX will initially provide and pay for INBOUND T1stwo Tls, and CARRIER Desfia will initially provide and pay for OUTBOUND T1s. IDX Services Agreement with CARRIERtwo Tls. 3.2 CARRIER 4.2 Destia shall be responsible to procure, at its own expense, all necessary switching and multiplexer equipment to be located in the CARRIER Destia Interconnection Location to provide voice compression & decompression plus International Direct Distance Dialing. This equipment shall remain the property property, of CARRIERDestia. CARRIER Destia agrees to provide and be responsible for the operation of the its equipment at such local facility, facility and shall provide 7 days and 24 hours of facility management and maintenance at the CARRIER Destia Location. 3.3 4.3 IDX shall be responsible to procure, at its own expense, all necessary, switching and multiplexer equipment to be located in the IDX Interconnection Location to provide voice compression & o decompression plus International Direct Distance Dialing. This equipment shall remain the property property, of IDX. IDX shall provide 7 days and 24 hours of facility management and maintenance at the IDX Location. 3.4 4.4 The cost of a link will be paid by the party using it. The Parties shall coordinate the management of their respective system facilities, with each Party being responsible for providing and operating, at its own expense, its respective network facilities. The Parties also shall interface Interface on a 24 hours/7 days a week basis to assist each other with the isolation and repair of any facility faults in their respective networks, and with the identification, identification investigation and mitigation of real time traffic flow problems to/from any service destination. 3.5 CARRIER 4.5 Destia shall provide prompt and accurate traffic forecasting information in accordance with the requirements outlined below in order to allow the efficient provisioning of the Services. Initial forecasts shall be provided prior to the Services Date and periodically thereafter thereafter, though not more frequently than every 90 days, as may be reasonably requested by IDX. Such forecasts shall be in a form satisfactory to IDX and shall specify specify, traffic volumes, daily and seasonal profiles, and peak periods for each Destination. IDX understands and acknowledges that such forecasts shall represent a good faith effort by Destia to estimate its traffic based on historical patterns and anticipated pricing and are not intended to be a promise by Destia to provide traffic in such patterns or amounts. 3.6 4.6 IDX reserves the right to cancel and/or temporarily suspend any of all of the IDX Services if CARRIER Destia engages in activities which, in the reasonable opinion of IDX, may cause disruption of service or damage to IDX's network of facilities. IDX shall use commercially reasonable efforts to provide CARRIER Destia with advance notice of such suspension and or cancellation and in any case shall endeavor to provide written confirmation of such suspension and or cancellation within a commercially reasonable time thereafter.