Common use of Permitted Use of Resold Services by LSP and Its End Users Clause in Contracts

Permitted Use of Resold Services by LSP and Its End Users. 1. For services included in this Agreement which are offered through tariffs by SWBT to its end users, the rules and regulations associated with the applicable State General Exchange Tariff, Local Exchange Service Tariff, and the other tariffs for the resold service (such tariffs collectively referred to herein as "corresponding tariffs"), apply except for applicable resale restrictions and except as otherwise provided herein. 2. LSP shall only sell Plexar(R) services to a single end user or multiple end users on continuous properties. 3. Except where otherwise explicitly provided in the corresponding tariffs, or except where SWBT permits such sharing by its own end users, LSP shall not permit the sharing of a service by multiple end users or the aggregation of traffic from multiple end users onto a single service; however, based upon the Commission's Arbitration Order, SWBT will not retain its limitation on aggregation for purposes of the resale of volume discount offers. 4. LSP shall only resell services purchased under this Agreement to the same class of end users to whom SWBT sells such services (e.g. residence service shall not be resold to business end users). LSP may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent LSP resells services that require certification on the part of the buyer, LSP will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. 5. SWBT promotions of ninety (90) days or less shall not be available to the LSP for resale. 6. LSP shall not use a resold service to avoid the rates, terms and conditions of SWBT's corresponding tariffs. 7. LSP shall not use resold local exchange telephone service to provide access or interconnection services to itself interexchange carriers (IXCs), wireless carriers, competitive access providers (CAPs), or other telecommunications providers. Provided however, that LSP may permit its end users to use resold local exchange telephone service to access IXCs, wireless carriers, CAPs, or other retail telecommunications providers. 8. If LSP is found to be in violation of a provision of this Agreement, SWBT shall notify LSP of the violation in writing of the specific provision being violated. At such time, LSP shall have thirty (30) days to correct the violation and notify SWBT in writing that the violation has been corrected. SWBT shall then xxxx LSP for the charges which should have been collected by SWBT or the actual revenues collected by LSP from its end users for the stated violation, whichever is greater. If LSP disputes the violation, it shall notify SWBT in writing within fourteen (14) days of receipt of notice from SWBT. Disputes shall be resolved as outlined in the Dispute Resolution section of the Agreement.

Permitted Use of Resold Services by LSP and Its End Users. 1. For services included in this Agreement which are offered through tariffs by SWBT to its end users, the rules and regulations associated with the applicable State General Exchange Tariff, Local Exchange Service Tariff, and the other tariffs for the resold service (such tariffs collectively referred to herein as "corresponding tariffs"), apply except for applicable resale restrictions and except as otherwise provided herein. 2. LSP shall only sell Plexar(RPlexar (R) services to a single end user or multiple end users on continuous properties. 3. Except where otherwise explicitly provided in the corresponding tariffs, or except where SWBT permits such sharing by its own end users, LSP shall not permit the sharing of a service by multiple end users or the aggregation of traffic from multiple end users onto a single service; however, based upon the Commission's Arbitration Order, SWBT will not retain its limitation on aggregation for purposes of the resale of volume discount offers. 4. LSP shall only resell services purchased under this Agreement to the same class of end users to whom SWBT sells such services (e.g. residence service shall not be resold to business end users). LSP may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent LSP resells services that require certification on the part of the buyer, LSP will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. 5. SWBT promotions For purposes of this section, "short term promotions" of Telecommunications Services are limited in length to no more than ninety (90) days or less shall not for the length of the period during which the promotion may be available offered to the public, and to no more than ninety (90) days for the period during which any and all benefits from the promotion must be realized or captured by the subscriber, and that the subscriber must begin receiving the benefit during the offering period. a. Based upon the Arbitration Order of the Commission, LSP may obtain the short term promotional service from SWBT for resaleresale but LSP is not entitled to receive a discount from SWBT off of the promotional rate. b. Retail rates that do not qualify as a short term promotion, i.e., those in excess of 90 days, are the rates to which the respective wholesale discounts in Section 1 apply while they are in effect. c. Nothing in this Agreement shall require SWBT to provide to LSP promotional service elements that are not Telecommunications Services such as CPE and Inside Wire Maintenance Plans. 6. LSP shall not use a resold service to avoid the rates, terms and conditions of SWBT's corresponding tariffs. 7. LSP shall not use resold local exchange telephone service to provide access or interconnection services to itself itself, interexchange carriers (IXCs), wireless carriers, competitive access providers (CAPs), or other telecommunications providers. Provided however, that LSP may permit its end users to use resold local exchange telephone service to access IXCs, wireless carriers, CAPs, or other retail telecommunications providers. 8. If LSP is found to be in violation of a provision of this Agreement, SWBT shall notify LSP of the violation in writing of the specific provision being violated. At such time, LSP shall have thirty (30) days to correct the violation and notify SWBT in writing that the violation has been corrected. SWBT shall then xxxx LSP for the charges which should have been collected by SWBT or the actual revenues collected by LSP from its end users for the stated violation, whichever is greater. If LSP disputes the violation, it shall notify SWBT in writing within fourteen (14) days of receipt of notice from SWBT. Disputes shall be resolved as outlined in the Dispute Resolution section of the Agreement.

Permitted Use of Resold Services by LSP and Its End Users. 1. For services included in this Agreement Agreement, which are offered through tariffs by SWBT to its end users, the rules and regulations associated with the applicable State General Exchange Tariff, Local Exchange Service Tariff, and the other tariffs for the resold service (such tariffs collectively referred to herein as "corresponding tariffs"), ) apply except for applicable resale restrictions and except as otherwise provided herein. 2. LSP shall only sell Plexar(R) services to a single end user or multiple end users on continuous propertiesuser. 3. Except where otherwise explicitly provided in the corresponding tariffs, tariffs or except where SWBT permits such sharing or aggregation by its own end userscustomers, LSP shall not permit the sharing of a service or services by multiple end users or the aggregation of traffic from multiple end users onto a single service; however, based upon the Commission's Arbitration Order, SWBT will not retain its limitation on aggregation for purposes of the resale of volume discount offers. 4. LSP shall only resell services purchased under this Agreement to the same class of end users to whom SWBT sells such services (e.g. e.g., residence service shall not be resold to business end users). LSP may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent LSP resells services that require certification on the part of the buyer, LSP will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. 5. SWBT promotions of ninety (90) days or less shall not be available to the LSP for resale. For purposes of this section, the duration of the promotion is the length of the offering period during which the promotion may be offered to the public, and the realization period during which any and all benefits from the promotion must be realized or captured by the subscriber; the subscriber must begin receiving the benefit during the offering period. a) When SWBT offers a promotion on a Telecommunications Service available for resale for longer than ninety (90) days, SWBT shall provide LSP with notice of the promotion, pursuant to Article XXIII. The applicable discount rate for such Telecommunications Service shall be applied to the promotional rate. b) Nothing in this Agreement shall require SWBT to provide to LSP promotional service elements that are not Telecommunications Services such as CPE and Inside Wire Maintenance Plans. 6. LSP shall not use a resold service to avoid the rates, terms terms, and conditions of SWBT's corresponding tariffs. 7. LSP shall not use resold local exchange telephone service to provide access or interconnection services to itself itself, interexchange carriers (IXCs), wireless carriers, competitive access providers (CAPs), or other telecommunications providers. Provided Provided, however, that LSP may permit its end users to use resold local exchange telephone service to access IXCs, wireless carriers, CAPs, or other retail telecommunications providers. 8. If LSP is found to be in violation of a provision of this Agreement, SWBT shall notify LSP of the violation in writing of the specific provision being violated. At such time, LSP shall have thirty (30) days to correct the violation and notify SWBT in writing that the violation has been corrected. SWBT shall then xxxx bill LSP for the charges which should have been collected by SWBT, except that where the violation (i) results from LSP's failure to exercise reasonable diligence in overseeing the use of the resold services by its customers; or (ii) was discoverable by the exercise of reasonable diligence by LSP; or (iii) is a result of intentional conduct by LSP, SWBT or may at its option collect from LSP the actual revenues collected by LSP from its end users for the stated violation, whichever is greater. If LSP disputes the violation, it shall notify SWBT in writing within fourteen (14) days of receipt of notice from SWBT. Disputes shall be resolved as outlined in the Dispute Resolution section of the Agreement. 9. SWBT will apply any Commission mandated end-user charges including an End User Common Line (EUCL) charge to each local exchange line resold under this agreement. All federal rules and regulations associated with EUCL charges, as found in Tarixx XXX 00, xxso apply to such EUCL charges. 10. To the extent allowable by law, LSP shall be responsible for Primary Interexchange Carrier (PIC) change charges associated with such local exchange line. LSP shall pay for PIC changes at the tariffed rate. 11. SWBT is not required to make services available for resale at wholesale rates to LSP for its own use. SWBT, however, shall allow LSP to purchase SWBT's Telecommunications Services and other services available for resale as outlined in the exhibits to this Agreement, as long as said services are not resold exclusively or predominately to LSP, its subsidiaries, or affiliates for their internal or administrative use.

Permitted Use of Resold Services by LSP and Its End Users. 1. For services included in this Agreement Agreement, which are offered through tariffs by SWBT to its end users, the rules and regulations associated with the applicable State General Exchange Tariff, Local Exchange Service Tariff, and the other tariffs for the resold service (such tariffs collectively referred to herein as "corresponding tariffs"), apply except for applicable resale restrictions and except as otherwise provided herein. 2. LSP shall only sell Plexar(R) services to a single end user or multiple end users on continuous propertiesuser. 3. Except where otherwise explicitly provided in the corresponding tariffs, or except where SWBT permits such sharing by its own end users, LSP shall not permit the sharing of a service or services by multiple end users or the aggregation of traffic from multiple end users onto a single service; however, based upon the Commission's Arbitration Order, SWBT will not retain its limitation on aggregation for purposes of the resale of volume discount offers. 4. LSP shall only resell services purchased under this Agreement to the same class of end users to whom SWBT sells such services (e.g. residence service shall not be resold to business end users). LSP may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent LSP resells services that require certification on the part of the buyer, LSP will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. 5. SWBT promotions of ninety (90) days or less shall not be available to the LSP for resale. 6. LSP shall not use a resold service to avoid the rates, terms and conditions of SWBT's corresponding tariffs. 7. LSP shall not use resold local exchange telephone service to provide access or interconnection services to itself itself, interexchange carriers (IXCs), wireless carriers, competitive access providers (CAPs), or other telecommunications providers. Provided however, that LSP may permit its end users to use resold local exchange telephone service to access IXCs, wireless carriers, CAPs, or other retail telecommunications providers. 8. If LSP is found to be in violation of a provision of this Agreement, SWBT shall notify LSP of the violation in writing of the specific provision being violated. At such time, LSP shall have thirty (30) days to correct the violation and notify SWBT in writing that the violation has been corrected. SWBT shall then xxxx LSP for the charges which should have been collected by SWBT or the actual revenues collected by LSP from its end users for the stated violation, whichever is greater. If LSP disputes the violation, it shall notify SWBT in writing within fourteen (14) days of receipt of notice from SWBT. Disputes shall be resolved as outlined in the Dispute Resolution section of the Agreement.been