Common use of Provision of Network Elements Clause in Contracts

Provision of Network Elements. A. BellSouth shall, upon request of Carrier, and to the extent technically feasible, provide to Carrier access to its Network Elements for the provision of a Carrier telecommunications service. Any request by Carrier for access to a BellSouth Network Element that is not already available to another telecommunications carrier, shall be treated as a Network Element bona fide request. Carrier will pay BellSouth the cost associated with the bona fide request if Carrier cancels the request or fails to purchase the service once completed. BellSouth shall mitigate damages with respect to completion of requests. BellSouth shall stop work on a request, once it receives notice of cancellation of Carrier's subject request. Carrier shall provide BellSouth access to its Network Elements as mutually agreed by the parties or as required by the Commission or the FCC. B. A Network Element obtained by one party from the other party under this section may be used in combination with the facilities of the requesting party only to provide a telecommunications service, including obtaining access to information needed to allow Carrier to xxxx and collect, transmission, and routing of the telecommunications service. C. A separate agreement or an amendment to this Agreement may be required for utilization of the above referenced Network Elements. The Parties agree to negotiate such a separate Agreement or amendment in good faith subject to the requirements of Section 252 of the Act.

Provision of Network Elements. A. BellSouth shall, upon request of Carrier, and to the extent technically feasible, provide to Carrier access to its Network Elements for the provision of a Carrier telecommunications service. Any request by Carrier for access to a BellSouth Network Element that is not already available to another telecommunications carrier, shall be treated as a Network Element bona fide request. Carrier will pay BellSouth the cost associated with the bona fide request if Carrier cancels the request or fails to purchase the service once completed. BellSouth shall mitigate damages with respect to completion of requests. BellSouth shall stop work on a request, once it receives notice of cancellation of CarrierXxxxxxx's subject request. Carrier shall provide BellSouth access to its Network Elements as mutually agreed by the parties or as required by the Commission or the FCC. B. A Network Element obtained by one party from the other party under this section may be used in combination with the facilities of the requesting party only to provide a telecommunications service, including obtaining access to information needed to allow Carrier to xxxx bill and collect, transmission, and routing of the telecommunications service. C. A separate agreement or an amendment to this Agreement may be required for utilization of the above referenced Network Elements. The Parties agree to negotiate such a separate Agreement or amendment in good faith subject to the requirements of Section 252 of the Act.