SBC-ASI. 13State shall not be liable to CLEC for any fraud associated with CLEC’s End Users.
SBC-ASI. 13State will make a best effort attempt to notify the CLEC of each missed repair commitment through a status call.
SBC-ASI. 13State will direct CLEC End Users to contact CLEC if CLEC’s End User requests a change in service at the time of installation.
SBC-ASI. 13State will not be liable for any Loss or damage resulting from any cause beyond SBC-ASI/13State’s reasonable control, such as, but not limited to, fire, explosion, lightning, flood, earthquake, power surges or failures, strikes or labor disputes, floods, storms, tornadoes, acts of war, civil disturbances, acts of civil or military authorities or the public enemy, delays caused by CLEC, Customer Equipment or CLEC service or equipment vendors or any other cause beyond SBC- ASI/13State’s control.
SBC-ASI. 13State will make available to CLEC for resale existing End User Specific Contracts (“ESCs”)at the resale discount rate shown below.
23.9.1 In the states of Illinois, Indiana, Kansas, Michigan, Missouri Ohio, Texas, and Wisconsin SBC-ASI/13State will make available to CLEC for resale existing CSCs that SBC-ASI/13State sells to retail End Users. CLEC will assume in writing the balance of the terms, including volume, term and termination liability in such existing contract with a current retail SBC-ASI/13State End User at the time of conversion. An assumption of an existing contract where the terms and conditions are not altered, excepting resale discount, will not constitute grounds for collection of a termination liability. The following resale discount will apply in lieu of the interim resale discount indicated in Section 23.8.3, above: Illinois 3.16% N/A Indiana 3.39% N/A Kansas 5.0% 8.0% Michigan 3.39% N/A Missouri No Discount No Discount Ohio No Discount N/A Texas 5.62% 8.04% Wisconsin No Discount N/A 23.9.2 In California, a CLEC may not assume ESCs A CLEC may request a ESC that has the same terms and conditions as an SBC-ASI/13State ESC to resell to a similarly situated End User. If a CLEC request to resell a ESC to an existing SBC-ASI/13State End User, the CLEC shall not assume the ESC. Pursuant to the terms of the ESC, the End User shall be responsible for termination liability for the remainder of the ESC term. The CLEC may resell a new ESC that "mirrors" (e.g. all same terms and conditions including same end date) the old terminated ESC. In the case of reselling a new ESC's to a similarly situated End User, the 17% wholesale discount shall apply.
SBC-ASI. 13State will provide CLEC with the same provisioning intervals and procedures for DSL Transport Services that it provides to SBC- ASI/13State End Users. SBC-ASI/13State will provide non-discriminatory access to the same pre-ordering loop information employed by SBC- ASI/13State.
SBC-ASI. 13State may make changes in its Services, equipment, operations or procedures, including those related to the Service, where such action is not inconsistent with the proper operation of the Service. If any such change can be reasonably expected to render any of the CLEC equipment incompatible or otherwise materially affect its use or performance, CLEC will be provided written notice in advance of the change.
SBC-ASI. 13State may develop and CLEC may use alternative processes for ordering Non-DSL Services than those stated in Sections 30.1.1 and 30.1.2.
SBC-ASI. 13State will provide a the CLEC with the ability to perform automated inquiries regarding ordering and provisioning Non-DSL Services. SBC- ASI/13State will provide the same provisioning coverage for CLEC’s End Users as SBC-ASI/13State provides to its own End Users.
SBC-ASI. 13State will provide the same hours of provisioning coverage for CLEC End Users as SBC-ASI/13State provides to its End Users
