Common use of Provision of Service Clause in Contracts

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service shall be provided in accordance with the Serving Carrier’s own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with the terms and conditions of this Agreement. 2.2 Notwithstanding anything in this Agreement to the contrary, a Serving Carrier may suspend or terminate Service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffs, but such suspension or termination shall not affect the rights and obligations of the Parties for Service furnished hereunder prior to such termination or suspension. 2.3 In connection with its Service to Roamers, no Serving Carrier shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s use of a Serving Carrier’s system. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period (a) the customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers of the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers to request such Service. Notwithstanding the foregoing, the other Party, in its reasonable discretion, may reject the addition of any such Affiliate by delivering written notice thereof prior to the expiration of the thirty-day period.

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service shall be provided in accordance with the Serving Carrier’s 's own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with the terms and conditions of this Agreement. 2.2 Notwithstanding anything in this Agreement to the contrary, a Serving Carrier may suspend or terminate Service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffs, but such suspension or termination shall not affect the rights and obligations of the Parties for Service furnished hereunder prior to such termination or suspension. 2.3 In connection with its Service to Roamers, no Serving Carrier shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s 's use of a Serving Carrier’s 's system. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period (a) the customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers of the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers to request such Service. Notwithstanding the foregoing, the other Party, in its reasonable discretion, may reject the addition of any such Affiliate by delivering written notice thereof prior to the expiration of the thirty-day period.

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service shall be provided in accordance with the Serving Carrier’s its own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with the terms and conditions of this Agreement, any and all types of Service that such Party provides to its own Customers within its Service Area. At a minimum, such Service shall include voice communications capability, as well as any other types of Service required by this Agreement, including without limitation Article X hereof. 2.2 Notwithstanding anything in this Agreement to the contrary, a Serving Carrier may suspend or terminate Service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffs, if any, but such suspension or termination shall not affect the rights and obligations of the Parties for Service furnished hereunder prior to such termination or suspension. 2.3 In connection with its Service to Roamers, no Serving Carrier shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s 's use of a Serving Carrier’s 's system. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period period, in which event (a) the customers Customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers Customers of the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers Customers to request such Service. Notwithstanding the foregoing, the other Party, in its reasonable discretion, may reject the addition of any such Affiliate specify, by delivering written notice thereof prior to the expiration of the thirty-thirty day period, that any Affiliate so added shall not be entitled to preference as a Serving Carrier as otherwise provided in Section 2.5. Upon the addition to or deletion from Schedule 1 or 2 of any operating entity pursuant to this Section 2.4, Exhibits A and B shall automatically be revised accordingly, except that either Party may, in its sole discretion, specify that an addition by either Party to Schedule 1 or 2 shall not be given effect for any or all purposes of Section 2.5. 2.5.1 AWS, in its capacity as Home Carrier, shall cause substantially all of its Customers, when roaming in the markets operated by ACC that are listed on Exhibit A, to normally seek Service as Roamers from ACC prior to seeking Service from any other carrier. ACC, in its capacity as Home Carrier, shall cause substantially all of its Customers, when roaming in the markets operated by AWS that are listed on Exhibit B, to normally seek Service as Roamers from AWS prior to seeking Service from any other carrier. 2.5.2 As a condition to the right of a Party under Section 2.5.1 to be the preferred provider of Service to Customers of the other Party, the market being served by the Serving Carrier shall (i) have fully installed a TDMA-based system, including all Core Features, (ii) be fully interoperable in accordance with Sections 10.6, 10.7, and 10.8, and (iii) otherwise have met, and be in compliance with, all terms and conditions of this Agreement. 2.6 ACC shall join and remain a member of the North American Cellular Network throughout the term of this Agreement. 2.7 Notwithstanding anything in this Agreement to the contrary, ACC acknowledges that AWS has the right to market, offer and sell, to Customers residing in the ACC Service Area, AT&T branded or co-branded telecommunications services that are offered nationally, including providing local numbers and service to such Customers, subject to the provisions of Section 2.5.1, Article V and the other provisions of this Agreement.

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service shall be provided in accordance with the Serving Carrier’s its own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with the terms and conditions of this Agreement, any and all types of Service that such Party provides to its own Customers within its Service Area. At a minimum, such Service shall include voice communications capability, as well as any other types of Service required by this Agreement, including without limitation Article X hereof. 2.2 Notwithstanding anything in this Agreement to the contrary, a Serving Carrier may suspend or terminate Service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffs, if any, but such suspension or termination shall not affect the rights and obligations of the Parties for Service furnished hereunder prior to such termination or suspension. 2.3 In connection with its Service to Roamers, no Serving Carrier shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s 's use of a Serving Carrier’s 's system. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which such thirty-day period period, in which event (a) the customers Customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers Customers of the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers Customers to request such Service. Notwithstanding the foregoing, the other Party, in its reasonable discretion, may reject the addition of any such Affiliate specify, by delivering written notice thereof prior to the expiration of the thirty-thirty day period, that any Affiliate so added shall not be entitled to preference as a Serving Carrier as otherwise provided in Section 2.5. Upon the addition to or deletion from Schedule 1 or 2 of any operating entity pursuant to this Section 2.4, Exhibits A and B shall automatically be revised accordingly, except that either Party may, in its sole discretion, specify that an addition by either Party to Schedule 1 or 2 shall not be given effect for any or all purposes of Section 2.5. 2.5.1 Except as provided in connection with a Disqualifying Transaction or Section 2.5.2, AWS, in its capacity as Home Carrier, shall (a) cause substantially all of its Customers, when roaming in the Territory, to normally seek Service as Roamers from ACC prior to seeking Service from any other carrier, (b) program and direct its authorized dealers to program the subscriber equipment provided by it or such authorized dealers to its Customers, at the time it is provided to such Customers (to the extent such programming is technologically feasible) so that ACC is the preferred provider of TDMA and analog cellular roaming service in the Territory and (c) refrain, and direct its authorized dealers to refrain, from inducing any of its Customers to change or, except at such Customer's request in the event the quality of ACC's services do not meet the TDMA Quality Standards, from changing the programming described in clause (b) of this sentence. Except as provided in connection with a Disqualifying Transaction or Section 2.5.2, ACC, in its capacity as Home Carrier, shall (a) cause substantially all of its Customers, when roaming in the markets operated by AWS that are listed on Exhibit B (as such list may be supplemented by AWS from time to time in AWS's sole discretion) to normally seek Service as Roamers from AWS prior to seeking Service from any other carrier, (b) program and direct its authorized dealers to program the subscriber equipment provided by it or such authorized dealers to its Customers, at the time it is provided to such Customers (to the extent such programming is technologically feasible) so that AWS is the preferred provider of TDMA and analog cellular roaming service in the markets listed on Exhibit B and (c) refrain, and direct its authorized dealers to refrain, from inducing any of its Customers to change or, except at such Customer's request in the event the quality of AWS's services do not meet the TDMA Quality Standards, from changing the programming described in clause (b) of this sentence. The Parties acknowledge and agree that nothing contained in this Agreement (including without limitation this Section 2.5.1) shall require either Party to provide GSM (or other technology except TDMA and analog cellular)-based roaming services, preferential or otherwise, to the Customers of the other Party, even if any such Customer owns or is using a handset which permits the handling of both TDMA- or analog cellular-based and GSM-based communications services. 2.5.2 As a condition to the right of a Party under Section 2.5.1 to be the preferred provider of Service to Customers of the other Party, each market being served by the Serving Carrier shall (i) have fully installed a TDMA-based system, including all Core Features, (ii) (with respect to the System of the Serving Carrier contained in such market) be fully interoperable in accordance with Sections 10.6, 10.7, and 10.8, and (iii) otherwise have met, and be in compliance with, all terms and conditions of this Agreement. 2.6 ACC shall join and remain a member of the North American Cellular Network throughout the term of this agreement.

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service shall be provided in accordance with the Serving Carrier’s its own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with the terms and conditions of this Agreement, any and all types of Service that such Party provides to its own Customers within its Service Area. At a minimum, such Service shall include voice communications capability, as well as any other types of Service required by this Agreement, including without limitation Article X hereof. 2.2 Notwithstanding anything in this Agreement to the contrary, a Serving Carrier may suspend or terminate Service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffs, if any, but such suspension or termination shall not affect the rights and obligations of the Parties for Service furnished hereunder prior to such termination or suspension. 2.3 In connection with its Service to Roamers, no Serving Carrier shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s 's use of a Serving Carrier’s 's system. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period period, in which event (a) the customers Customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers Customers of the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers Customers to request such Service. Notwithstanding the foregoing, the other Party, in its reasonable discretion, may reject the addition of any such Affiliate specify, by delivering written notice thereof prior to the expiration of the thirty-thirty day period, that any Affiliate so added shall not be entitled to preference as a Serving Carrier as otherwise provided in Section 2.5. Upon the addition to or deletion from Schedule 1 or 2 of any operating entity pursuant to this Section 2.4, Exhibits A and B shall automatically be revised accordingly, except that either Party may, in its sole discretion, specify that an addition by either Party to Schedule 1 or 2 shall not be given effect for any or all purposes of Section 2.5. 2.5.1 Xxxxxx, in its capacity as Home Carrier, shall cause substantially all of its Customers, when roaming in the markets operated by ACC that are listed on Exhibit A, to normally seek Service as Roamers from ACC prior to seeking Service from any other carrier. ACC, in its capacity as Home Carrier, shall cause substantially all of its Customers, when roaming in the markets operated by Xxxxxx that are listed on Exhibit B, to normally seek Service as Roamers from Xxxxxx prior to seeking Service from any other carrier. 2.5.2 As a condition to the right of a Party under Section 2.5.1 to be the preferred provider of Service to Customers of the other Party, the market being served by the Serving Carrier shall (i) have fully installed a TDMA-based system, including all Core Features, (ii) be fully interoperable in accordance with Sections 10.6, 10.7, and 10.8, and (iii) otherwise have met, and be in compliance with, all terms and conditions of this Agreement. 2.6 ACC shall join and remain a member of the North American Cellular Network throughout the term of this Agreement.

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service shall be provided in accordance with the Serving Carrier’s its own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with the terms and conditions of this Agreement, any and all types of Service that such Party provides to its own Customers within its Service Area. At a minimum, such Service shall include voice communications capability, as well as any other types of Service required by this Agreement, including without limitation Article X hereof. 2.2 Notwithstanding anything in this Agreement to the contrary, a Serving Carrier may suspend or terminate Service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffs, if any, but such suspension or termination shall not affect the rights and obligations of the Parties for Service furnished hereunder prior to such termination or suspension. 2.3 In connection with its Service to Roamers, no Serving Carrier shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s 's use of a Serving Carrier’s 's system. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period period, (a) the customers Customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers Customers of the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers Customers to request such Service. Notwithstanding the foregoing, the other Party, in its reasonable discretion, may reject the addition of any such Affiliate specify, by delivering written notice thereof prior to the expiration of the thirty-thirty day period, that any Affiliate so added shall not be entitled to preference as a Serving Carrier as otherwise provided in Section 2.5. 2.5.1 AWS, in its capacity as Home Carrier, shall cause substantially all of its Customers, when roaming in the markets operated by Xxxxxx that are listed on Exhibit A, to normally seek Service as Roamers from Xxxxxx prior to seeking Service from any other carrier. Xxxxxx, in its capacity as Home Carrier, shall cause substantially all of its Customers, when roaming in the markets operated by AWS that are listed on Exhibit B, to normally seek Service as Roamers from AWS prior to seeking Service from any other carrier. 2.5.2 As a condition to the right of a Party under Section 2.5.1 to be the preferred provider of Service to Customers of the other Party, the market being served by the Serving Carrier shall (i) have fully installed a TDMA-based system, including all Core Features, (ii) be fully interoperable in accordance with Sections 10.6, 10.7, and 10.8, and (iii) otherwise have met, and be in compliance with, all terms and conditions of this Agreement. 2.5.3 Upon the addition to or deletion from Schedule 1 or 2 of any operating entity pursuant to Section 2.4, Exhibits A and B shall automatically be revised accordingly, except that either Party may, in its sole discretion, specify that an addition by either Party to Schedule 1 or 2 shall not be given effect for any or all purposes of this Section 2.5. 2.6 Xxxxxx shall join and remain a member of the North American Cellular Network throughout the term of this Agreement.

Provision of Service. 2.1 1.1 Each Party shall will provide (and will cause its Group Members to provide), to any Authorized Roamer who so requests, voice communication service Wireless Service in accordance with the rates and any services set forth in Attachment I-B hereto, pursuant to the terms and all other types conditions of Service that such Party provides to its own customersthis Agreement. Notwithstanding Except as required and agreed upon in the foregoingCDMA Build-Out Agreement, the Serving Carrier shall will not be required by this Agreement to modify or supplement its system System in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Wireless Service to an Authorized Roamer. Service shall be provided in accordance ; provided, however, that Sprint and the Company will use commercially reasonable efforts to implement modifications to permit enhanced roaming (i.e., data, push-to-talk, SMS) for the Company Customers homed to the Company SRA Market (but, for purposes of clarification, Sprint has no such obligation with respect to the Serving Carrier’s own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with Company Customers homed to markets other than the terms and conditions of this AgreementCompany SRA Market). 2.2 1.2 Notwithstanding anything in this Agreement to the contrary, a Serving Carrier may suspend or terminate Service service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffsRoamer, but such suspension or termination shall will not affect the rights and obligations of the Parties for Wireless Service furnished hereunder prior to such termination or suspension. 2.3 1.3 In connection with its Wireless Service to Roamers, no Serving Carrier shall will use recorded announcements or other inducements for an Authorized Roamer to discontinue the Wireless Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s use of a Serving Carrier’s system. 2.4 In 1.4 If a Home Carrier provides the event that an operating entity becomes an Affiliate of a Party after capability *** to allow Non-Domestic calls for individual MSID/ESN combinations and passes the date of this Agreement, such Party may, upon thirty (30) days prior written notice appropriate feature profile to the other PartyServing Carrier, add then Non-Domestic calls will be allowed for those specific MSID/ESN combinations authorized by the Home Carrier. The Serving Carrier will indemnify and defend the Home Carrier for Non-Domestic calls placed contrary to this provision. Home Carrier will indemnify the Serving Carrier for any Non-Domestic calls permitted in compliance with such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period (a) the customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers of the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers to request such Service. Notwithstanding the foregoing, the other Party, in its reasonable discretion, may reject the addition of any such Affiliate by delivering written notice thereof prior to the expiration of the thirty-day periodIS-41 messaging instructions.

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service warranty & compliance 4.1 Seller guarantees that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service services shall be provided diligently and expeditiously, in accordance with the Serving Carrier’s own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with specifications agreed upon by the terms and conditions of this AgreementParties. 2.2 Notwithstanding anything 4.2 Buyer shall be able to inspect the correct provision of the services and observe if it considers that they are not rendered in this Agreement the appropriate manner. Buyer shall agree with Seller on a reasonable manner to make up for possible deficiencies or failures. 4.3 Once the contraryService is completed and duly accepted by Buyer, a Serving Carrier may suspend or terminate Service to an Authorized Roamer it shall be invoiced in accordance with the terms of payment schedule agreed upon. Should there be no observations to the service rendered, Xxxxx accepts to send its own ordinary requirements, restrictions, practices, and tariffs, but such suspension or termination shall not affect the rights and obligations approval within 15 (fifteen) days after receipt of the Parties for Service furnished hereunder prior relevant report. If the approval is not received within this period or term, Emerson shall have the right to such termination or suspensionsend the invoice to Buyer, attaching the report and respective order. 2.3 In connection with its Service 4.4 Buyer shall request Seller – eventually and at an additional cost – for a surety bond to Roamers, no Serving Carrier cover possible defects while rendering the Services; the term of this surety bond shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s use of a Serving Carrier’s systembe as deemed appropriate. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period (a) the customers of such entity 4.5 The service warranty shall be entitled to Service of 30 (thirty) calendar days, applicable as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers of the other Party who are Authorized Roamersrendering of the services. 4.6 If the Services do not comply with the above-mentioned warranties, although the other Party is not obligated Buyer shall duly notify this to request such Service or to require its customers to request such Service. Notwithstanding the foregoing, the other PartySeller, in its reasonable discretion, may reject the addition of any such Affiliate by delivering written notice thereof writing and prior to the expiration of the thirtywarranty period. If the failures reported are considered to be Xxxxxxx’x responsibility and not a consequence of any other reason - as mentioned in section 4.7- the Seller, based on its own criteria, shall render the services in question once again. Emerson shall bear corrective maintenance direct costs for the Services under warranty. The services shall have an additional warranty, effective until the expiration of the first warranty or for a period of 7 (seven) calendar days; from both options, the warranty applicable shall be the one with a longer term. Buyer shall bear the costs of any corrective maintenance carried out for the Services under warranty (including the removal and replacement of systems, structures or any part at Buyer’s premises), disassembly, cleaning and decontamination, reassembly and transportation of defective products to Seller’s location and back to Buyer. In any case, and having made all reasonable efforts to solve the non-day periodconformity and notwithstanding the cause that led to a claim for the fulfillment of the warranty, Emerson shall be able to refund up to 10% of the price agreed upon as per the Buyer’s purchase order. 4.7 Warranties and corrective actions shall be subject to: (a) appropriate storage, installation, use, operation and maintenance of products; (b) Buyer shall keep full and accurate records of operation and maintenance during the term of the warranty, and Seller shall have access to these records and; (c) modifications or repair of products and services only as authorized in writing by Seller. Failure to comply with any of these conditions shall void the warranty. Seller shall not be responsible for the use and normal wear. 4.8 The warranties described under this Section 4 are exclusive and the only valid between the Parties, thus prevailing over any other warranty.

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service shall be provided in accordance with the Serving Carrier’s its own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with the terms and conditions of this Agreement, any and all types of Service that such Party provides to its own Customers within its Service Area; provided that, no Party shall be required to provide features other than Core Features and Future Core Features. At a minimum, such Service shall include voice communications capability, as well as any other types of Service required by this Agreement, including without limitation Article X hereof. 2.2 Notwithstanding anything in this Agreement to the contrary, a Serving Carrier may suspend or terminate Service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffs, if any, but such suspension or termination shall not affect the rights and obligations of the Parties for Service furnished hereunder prior to such termination or suspension. 2.3 In connection with its Service to Roamers, no Serving Carrier shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s 's use of a Serving Carrier’s 's system. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, may add such operating entity to Schedule 1 or Schedule 2, as the case may be, upon written notice to the other Party, at the expiration of which thirty-day period time (a) the customers Customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers Customers of the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers Customers to request such Service. Notwithstanding . 2.5 Tritel shall maintain a membership in the foregoing, North American Cellular Network throughout the other Party, in its reasonable discretion, may reject the addition term of any such Affiliate by delivering written notice thereof prior to the expiration of the thirty-day periodthis Agreement.

Provision of Service. 2.1 Each Party shall provide, to any Authorized Roamer who so requests, voice communication service and any and all other types of Service warranty & compliance 4.1 Seller guarantees that such Party provides to its own customers. Notwithstanding the foregoing, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in the technologies used by the Serving Carrier and the Home Carrier that may preclude the provision of Service to an Authorized Roamer. Service services shall be provided diligently and expeditiously, in accordance with the Serving Carrier’s own ordinary requirements, restrictions, practices, and tariffs, if applicable, and with specifications agreed upon by the terms and conditions of this AgreementParties. 2.2 Notwithstanding anything 4.2 Buyer shall be able to inspect the correct provision of the services and observe if it considers that they are not rendered in this Agreement the appropriate manner. Buyer shall agree with Seller on a reasonable manner to make up for possible deficiencies or failures. 4.3 Once the contraryService is completed and duly accepted by Buyer, a Serving Carrier may suspend or terminate Service to an Authorized Roamer it shall be invoiced in accordance with the terms of payment schedule agreed upon. Should there be no observations to the service rendered, Xxxxx accepts to send its own ordinary requirements, restrictions, practices, and tariffs, but such suspension or termination shall not affect the rights and obligations approval within 15 (fifteen) days after receipt of the Parties for Service furnished hereunder prior relevant report. If the approval is not received within this period or term, Xxxxxxx shall have the right to such termination or suspensionsend the invoice to Buyer, attaching the report and respective order. 2.3 In connection with its Service 4.4 Buyer shall request Seller – eventually and at an additional cost – for a surety bond to Roamers, no Serving Carrier cover possible defects while rendering the Services; the term of this surety bond shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s use of a Serving Carrier’s systembe as deemed appropriate. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period (a) the customers of such entity 4.5 The service warranty shall be entitled to Service of 30 (thirty) calendar days, applicable as Roamers from the other Party on the terms and conditions of this Agreement and (b) such operating entity shall provide Service to customers of the other Party who are Authorized Roamersrendering of the services. 4.6 If the Services do not comply with the above-mentioned warranties, although the other Party is not obligated Buyer shall duly notify this to request such Service or to require its customers to request such Service. Notwithstanding the foregoing, the other PartySeller, in its reasonable discretion, may reject the addition of any such Affiliate by delivering written notice thereof writing and prior to the expiration of the thirtywarranty period. If the failures reported are considered to be Xxxxxxx’x responsibility and not a consequence of any other reason - as mentioned in section 4.7- the Seller, based on its own criteria, shall render the services in question once again. Xxxxxxx shall bear corrective maintenance direct costs for the Services under warranty. The services shall have an additional warranty, effective until the expiration of the first warranty or for a period of 7 (seven) calendar days; from both options, the warranty applicable shall be the one with a longer term. Buyer shall bear the costs of any corrective maintenance carried out for the Services under warranty (including the removal and replacement of systems, structures or any part at Buyer’s premises), disassembly, cleaning and decontamination, reassembly and transportation of defective products to Seller’s location and back to Buyer. In any case, and having made all reasonable efforts to solve the non-day periodconformity and notwithstanding the cause that led to a claim for the fulfillment of the warranty, Xxxxxxx shall be able to refund up to 10% of the price agreed upon as per the Buyer’s purchase order. 4.7 Warranties and corrective actions shall be subject to: (a) appropriate storage, installation, use, operation and maintenance of products; (b) Buyer shall keep full and accurate records of operation and maintenance during the term of the warranty, and Seller shall have access to these records and; (c) modifications or repair of products and services only as authorized in writing by Seller. Failure to comply with any of these conditions shall void the warranty. Seller shall not be responsible for the use and normal wear. 4.8 The warranties described under this Section 4 are exclusive and the only valid between the Parties, thus prevailing over any other warranty.

Provision of Service. 2.1 Each Party The Company will provide to Customer the Services more particularly described in the applicable Schedules to this Agreement. Customer is eligible to receive only features available to each Service’s option type. It shall provide, be the Customer’s obligation to any Authorized Roamer who so requests, voice communication service and any and all other types of Service that such Party provides furnish to its own customers. Notwithstanding Company account team all information necessary for the foregoingCompany to provide the Services to Customer including, without limitation, circuit installation and disconnection authorizations for those Customer circuits intended to receive, or which have been receiving, custom rates. 2.2 The Company’s provision of Services to Customer will be governed by the Company’s state tariffs (“Tariff(s)”) for intrastate and local services and, for interstate and international services, the Serving Carrier shall not be required to modify or supplement its system in any way to address any incompatibility in Company’s “Service Publication and Price Guide” (“Guide”), each as supplemented by this Agreement. This Agreement incorporates by reference the technologies used by terms of each such Tariff; SCA Type 1 found at Part 1, Section 2, of the Serving Carrier Guide; and the Home Carrier that may preclude relevant services found in Part 1, Section 1, of the provision of Service Guide. When any Tariff provisions are canceled, Services will continue to an Authorized Roamer. Service shall be provided in accordance with the Serving Carrier’s own ordinary requirementspursuant to this Agreement, restrictions, practices, and tariffs, if applicable, and with as supplemented by the terms and conditions contained in the Guide, which will contain the Company’s standard rates, product descriptions, terms and conditions that formerly had been tariffed (“Service Terms”). The Guide is incorporated herein by reference and will be available to Customer on the Company’s internet website (xxx.xxx.xxx) (or successor URL) and at the Company’s offices during regular business hours at 00000 Xxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx, Xxxxxxxx 00000. The Company reserves the right to modify the Guide from time to time, and any such modification will be effective upon its posting at the Guide website. The contractual relationship between WorldCom and Customer shall be governed by the following order of this Agreement. 2.2 Notwithstanding anything precedence: (a) Tariffs; (b) provisions in this Agreement to that expressly apply in lieu of, or that apply in addition to, provisions contained in Tariffs and/or the contrary, a Serving Carrier may suspend or terminate Service to an Authorized Roamer in accordance with the terms of its own ordinary requirements, restrictions, practices, and tariffs, but such suspension or termination shall not affect the rights and obligations of the Parties for Service furnished hereunder prior to such termination or suspension. 2.3 In connection with its Service to Roamers, no Serving Carrier shall use recorded announcements or other inducements for an Authorized Roamer to discontinue the Service of its Home Carrier or, unless otherwise authorized herein, Roamer’s use of a Serving Carrier’s system. 2.4 In the event that an operating entity becomes an Affiliate of a Party after the date of this Agreement, such Party may, upon thirty (30) days prior written notice to the other Party, add such operating entity to Schedule 1 or Schedule 2, as the case may be, at the expiration of which thirty-day period (a) the customers of such entity shall be entitled to Service as Roamers from the other Party on the terms and conditions of this Agreement Guide; and (bc) such operating entity shall provide Service to customers of provisions contained in the other Party who are Authorized Roamers, although the other Party is not obligated to request such Service or to require its customers to request such Service. Notwithstanding the foregoing, the other Party, in its reasonable discretion, may reject the addition of any such Affiliate by delivering written notice thereof prior to the expiration of the thirty-day periodGuide.