Common use of Other Nonconforming Facilities Clause in Contracts

Other Nonconforming Facilities. With respect to any Nonconforming Facility not addressed in Section 3.8.1 above, Verizon will notify ***CLEC Acronym TXT*** in writing as to any particular unbundled facility previously made available to ***CLEC Acronym TXT*** 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 ***CLEC Acronym TXT*** under the terms of the Amended Agreement. At the end of that thirty (30) day period, unless ***CLEC Acronym TXT*** 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 ***CLEC Acronym TXT*** 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 ***CLEC Acronym TXT*** 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 ***CLEC Acronym TXT***, 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. ***CLEC Acronym TXT*** shall pay all applicable termination charges, if any, for any Nonconforming Facilities that ***CLEC Acronym TXT*** requests Verizon to disconnect, or that Verizon disconnects as permitted by terms of this Amendment or otherwise.

Other Nonconforming Facilities. With respect to any Nonconforming Facility not addressed in Section 3.8.1 above, Verizon will notify ***CLEC Acronym TXT*** Cypress in writing as to any particular unbundled facility previously made available to ***CLEC Acronym TXT*** Cypress 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 ***CLEC Acronym TXT*** Cypress under the terms of the Amended Agreement. At the end of that thirty (30) day period, unless ***CLEC Acronym TXT*** Cypress 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 ***CLEC Acronym TXT*** Cypress may have separately secured from Verizon (e.g., a separate agreement at market- market-based rates or resale); provided, however, that where there is no analogous access service, if ***CLEC Acronym TXT*** Cypress 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 ***CLEC Acronym TXT***Cypress, 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. ***CLEC Acronym TXT*** Cypress shall pay all applicable termination charges, if any, for any Nonconforming Facilities that ***CLEC Acronym TXT*** Cypress requests Verizon to disconnect, or that Verizon disconnects as permitted by terms of this Amendment or otherwise.

Other Nonconforming Facilities. With respect to any Nonconforming Facility not addressed in Section 3.8.1 3.9.1 above, Verizon will notify may reclassify or disconnect its provision of such facility on an unbundled basis only upon all of the following conditions: (1) On or after the date on which a facility is deemed a Nonconforming Facility pursuant to a final, nonappealable nonimpairment finding issued by the [***CLEC Acronym State Commission TXT*** in writing as to any particular unbundled facility previously made available *] or the FCC, Verizon provides written notice to ***CLEC Acronym TXT*** that is or becomes a Nonconforming Facility, as defined herein. The Parties acknowledge that such notice was issued prior of its intent to discontinue access to the execution of this Amendment with respect facility on an unbundled basis. Verizon’s written notice will include circuit identification numbers and location information, or for facilities other than circuits, comparable identifying information, for each facility; (2) Verizon will continue to certain Nonconforming Facilities. During a transitional period of thirty (30) days from the date of such notice, Verizon agrees to continue providing provide the Nonconforming Facilities addressed in the subject notice(s) to ***CLEC Acronym TXT*** under the terms of the Amended Agreement. Agreement for a transition period of at least (a) 90 days for facilities which Verizon also offers pursuant to Section 271 or as a special access service or (b) 180 days for all other facilities; (3) At the end of that thirty (30) day periodapplicable transitional period set forth above, unless ***CLEC Acronym TXT*** 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, shall convert the subject Nonconforming Facilities to (a) an element under §271 of the Act consistent with § 3.8 of this Agreement, if applicable; or (b) if no alternative is offered pursuant to Section 271, Verizon shall convert the Nonconforming Facility to an analogous access service, if available, ; (c) or if no analogous access service is available, to such other service arrangement as ***CLEC Acronym TXT*** may have separately secured from Verizon (e.g., a separate agreement at market- market-based rates or resale); provided, however, that where there is no analogous access service, if ***CLEC Acronym TXT*** 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 ***CLEC Acronym TXT***, 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, shall provide such access services at the month-to-month rates, and in accordance with the terms and conditions, of Verizon’s applicable access tariff, or separate Agreement where applicable, with the effective xxxx date being the first day following the thirty (30) day notice expiration of the transition period. ***CLEC Acronym TXT*** No nonrecurring charges for service termination, connection, disconnection, reconnection, or other charges associated with the installation of a new service or the termination of an existing service shall pay all applicable termination chargesapply to the conversion of Nonconforming Facilities to an analogous access service, if anyor an element under § 271 of the Act, for or to any Nonconforming Facilities that ***CLEC Acronym TXT*** requests Verizon to disconnect; and (4) in the event that ***CLEC Acronym TXT*** has a good faith dispute that a facility identified in Verizon’s notice is not a Nonconforming Facility, or that ***CLEC Acronym TXT*** may within 90 days file a dispute with Verizon disconnects as permitted by terms pursuant to the Dispute Resolution procedures set forth in the Agreement. Verizon will continue to provide the facility on an unbundled basis pending resolution of this Amendment or otherwisethe dispute.

Other Nonconforming Facilities. With respect to any Nonconforming Facility not addressed in Section 3.8.1 above, Verizon will notify ***CLEC Acronym TXT*** VZA in writing as to any particular unbundled facility previously made available to ***CLEC Acronym TXT*** VZA 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 ***CLEC Acronym TXT*** VZA under the terms of the Amended Agreement. At the end of that thirty (30) day period, unless ***CLEC Acronym TXT*** VZA 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 ***CLEC Acronym TXT*** VZA may have separately secured from Verizon (e.g., a separate agreement at market- market-based rates or resale); provided, however, that where there is no analogous access service, if ***CLEC Acronym TXT*** VZA 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 ***CLEC Acronym TXT***VZA, 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. ***CLEC Acronym TXT*** VZA shall pay all applicable termination charges, if any, for any Nonconforming Facilities that ***CLEC Acronym TXT*** VZA requests Verizon to disconnect, or that Verizon disconnects as permitted by terms of this Amendment or otherwise.

Other Nonconforming Facilities. With respect to any Nonconforming Facility not addressed in Section 3.8.1 above, Verizon will notify ***CLEC Acronym TXT*** Hello Depot in writing as to any particular unbundled facility previously made available to ***CLEC Acronym TXT*** 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 Xxxxxxx agrees to continue providing the Nonconforming Facilities addressed in the subject notice(s) to ***CLEC Acronym TXT*** Hello Depot under the terms of the Amended Agreement. At the end of that thirty (30) day period, unless ***CLEC Acronym TXT*** 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 ***CLEC Acronym TXT*** Hello Depot may have separately secured from Verizon (e.g., a separate agreement at market- market-based rates or resale); provided, however, that where there is no analogous access service, if ***CLEC Acronym TXT*** 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 ***CLEC Acronym TXT***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-tot o-month rates, and in accordance with the terms and conditions, of Verizon’s applicable access tariff, with the effective xxxx bill date being the first day following the thirty (30) day notice period. ***CLEC Acronym TXT*** Hello Depot shall pay all applicable termination charges, if any, for any Nonconforming Facilities that ***CLEC Acronym TXT*** Hello Depot requests Verizon to disconnect, or that Verizon disconnects as permitted by terms of this Amendment or otherwise.