Common use of Service Orders and Provisioning of Circuits Clause in Contracts

Service Orders and Provisioning of Circuits. 5.1 Services requested by SBCS hereunder shall be requested on a mutually agreed upon Service Order form ("Service Order(s))". Unless the Service to be provided is a Warranted Service or the Service will be provided pursuant to Schedule F, Willxxxx xxxerves the right not to accept a Service Order under this Agreement if the Service is not Available. 5.2 The Parties recognize that providing world class services requires prompt and responsive services. In order to assure that SCBS is in a position to provide such prompt and responsive service, Willxxxx xxxeby covenants and agrees that it will make available to SCBS Service Intervals for On-Net Transport Services that are at least equal, if not superior, to industry standards. In all events, the Service Intervals for On-Net Transport Services shall not be longer than those set forth in this Section 5. The On-Net Service Intervals set forth in this Section 5 comport with industry standards today and are not subject to change for 6 (six) months except by mutual agreement. 5.2.1 When a Service Order is placed, SBCS will indicate a requested start date (the "Requested Start Date") for the On-Net Transport Service and, except for 1+ Voice Services, the desired term of the On-Net Transport Service, the specific city pairs, the applicable bandwidth and any other information required pursuant to the Service Order form developed pursuant to Section 5.1. Willxxxx xxxl acknowledge receipt of a Service Order **** during Business Days of receipt of such Service Order (the "Acknowledgment"). Within **** of the Acknowledgment, Willxxxx xxxl issue a firm order commitment (the "FOC") indicating the anticipated Start Date for such On-Net Transport Service, and indicating the status, if any, of any request for Local Access Services or Off-Net InterLATA Services that SBCS requested in the Service Order. Willxxxx xxxl make all reasonable efforts to meet SBCS's Requested Start Date. In the event that SBCS requests a ------ **** Confidential material has been omitted and filed separately with the Securities and Exchange Commission. change in the Requested Start Date, SBCS's Requested Start Date will be changed to reflect the number of days of delay, or advance, as mutually agreed upon. 5.2.2 Willxxxx xxxl activate ANIs and will order service from the Local Access Service Provider for 1+ Voice Service within **** of the request for such Service, unless otherwise specified by SBCS. 5.3 Standard On-Net Service Intervals 5.3.1 Willxxxx' xxandard Service Interval for Willxxxx XXX to Willxxxx XXX On-Net Transport Services will be: **** 5.3.2 The standard Service Interval for OC-N level Service shall be mutually agreed upon. 5.3.3 The standard service implementation interval for Off-Net Services either partially or wholly off of the Willxxxx' Xxtwork shall be determined on an Individual Case Basis, but in no event shall it be longer than the service implementation interval actually taken by the Third Party provider.

Service Orders and Provisioning of Circuits. 5.1 4.1 Services requested by SBCS Customer hereunder shall be requested on a mutually agreed upon Seller's Service Order form forms in effect from time to time or on Customer's forms accepted in writing by Seller ("Service Order(s)")". Unless the Each Service to be provided is a Warranted Service or the Service will be provided pursuant to Schedule F, Willxxxx xxxerves Order shall reference this Carrier Agreement and its respective Carrier Agreement number. Seller reserves the right not to accept a Service Order under this Carrier Agreement if the Service is not Availableat any time. 5.2 The Parties recognize that providing world class services requires prompt and responsive services. In order to assure that SCBS is in a position to provide such prompt and responsive service, Willxxxx xxxeby covenants and agrees that it will make available to SCBS Service Intervals for On-Net Transport Services that are at least equal, if not superior, to industry standards. In all events, the Service Intervals for On-Net Transport Services shall not be longer than those set forth in this Section 5. The On-Net Service Intervals set forth in this Section 5 comport with industry standards today and are not subject to change for 6 (six) months except by mutual agreement. 5.2.1 4.2 When a Service Order is placed, SBCS the Customer will indicate a requested start date (the "Requested Start Date") for the On-Net Transport Service and, except for 1+ Voice ServicesService, the desired term of the On-Net Transport Service, the specific city pairs, the applicable bandwidth and any other information required pursuant necessary for Seller to provide the Service Order form developed pursuant to Section 5.1Service. Willxxxx xxxl acknowledge receipt of a Service Order **** during Business Days of receipt of such Service Order (the "Acknowledgment"). Within **** of the Acknowledgment, Willxxxx xxxl issue a firm order commitment (the "FOC") indicating the anticipated Start Date for such On-Net Transport Service, and indicating the status, if any, of any request for Local Access Services or Off-Net InterLATA Services that SBCS requested in the Service Order. Willxxxx xxxl Seller will make all reasonable efforts to meet SBCSCustomer's Requested Start Date. In the event that SBCS requests a ------ **** Confidential material has been omitted and filed separately with the Securities and Exchange Commission. change in the Requested Start DateDate is altered, SBCSCustomer's Requested Start Date will be changed to reflect the number of days of delay, delay or advance, as mutually agreed uponappropriate (the "Actual Start Date"). 5.2.2 Willxxxx xxxl activate ANIs and will order service from the 4.3 This Carrier Agreement shall apply to all Network Services, Local Access Services and Ancillary Services provided by Seller to the Customer whether pursuant to a Service Provider for 1+ Voice Service within **** of the request for such Service, unless otherwise specified by SBCSOrder or otherwise. 5.3 Standard On4.4 Seller's standard service implementation interval for Network Services provided on Seller's owned and operated network is forty-Net five (45) days from acceptance of a Service Intervals 5.3.1 Willxxxx' xxandard Service Interval for Willxxxx XXX to Willxxxx XXX On-Net Transport Services will be: **** 5.3.2 The standard Service Interval for OC-N level Service Order by Seller's Customer Care department. Such acceptance shall be mutually agreed upon. 5.3.3 indicated by the signature of a representative of such department on the Service Order. The standard service implementation interval for Off-Net Network Services provided by a third party and either partially or wholly off of the Willxxxx' Xxtwork Seller's owned and operated network shall be determined on an Individual Case Basis, but in no event individual case basis. Seller shall it be longer than the make reasonable efforts to provide Network Services within its standard service implementation interval or on Customer's Requested Start Date. Failure of Seller to deliver by such date shall not constitute a default under this Carrier Agreement and Seller shall not be liable to pay to Customer any penalties or damages for Seller's failure to meet such standard service implementation intervals. 4.5 Network Services shall begin on the date Seller issues notice that Service is available (the "Start of Service Notice" or "SOSN"), indicating that the Service has been tested by Seller in accordance with the Technical Specifications set forth in Exhibit II attached hereto and that the Service meets or exceeds those Technical Specifications (the "Actual Start Date"). If Customer fails to give written notice that the Service is in material non-compliance with the applicable Technical Specifications within three (3) business days after Seller issues the SOSN, Customer shall be deemed to have accepted such Service and Seller shall begin billing for the Service as of the Actual Start Date. 4.6 Customer may request a delay in the Actual Start Date of an Order provided that (i) it provides the Seller a written delay request no later than five (5) business days prior to the Requested Start Date or the delayed Requested Start Date, as the case may be, and (ii) the aggregate number of the days requested by such delay request or requests do not exceed thirty (30) calendar days from the Service Order's original Requested Start Date. At the expiration of such thirty (30) day period the Customer may no longer delay the Actual Start Date of such Order and Seller may begin billing as of such date. 4.7 Any conflicting, different or additional terms and conditions contained in Customer's acknowledgement or Service Order or elsewhere are objected to by Seller and shall not constitute part of this Carrier Agreement. No action by Seller (including, without limitation, provision of Network Services, Local Access Services or Ancillary Services to Customer pursuant to such Service Order) shall be construed as binding or estopping Seller with respect to such term or condition. 4.8 Once the Actual Start Date has passed and Customer has accepted the Network Services, Local Access Services or Ancillary Services, Customer must pay for the Network Services, Local Access Services or Ancillary Services as indicated on the Service Order, regardless of whether Customer is actually taken by using the Third Party providerNetwork Services, through the Term indicated on the Service Order.

Service Orders and Provisioning of Circuits. 5.1 Services requested by SBCS hereunder shall be requested on a mutually agreed upon Service Order form ("Service Order(s))". Unless the Service to be provided is a Warranted Service or the Service will be provided pursuant to Schedule F, Willxxxx xxxerves the right not to accept a Service Order under this Agreement if the Service is not Available. 5.2 The Parties recognize that providing world class services requires prompt and responsive services. In order to assure that SCBS is in a position to provide such prompt and responsive service, Willxxxx xxxeby covenants and agrees that it will make available to SCBS Service Intervals for On-Net Transport Services that are at least equal, if not superior, to industry standards. **** In all events, the Service Intervals for On-Net Transport Services shall not be longer than those set forth in this Section 5. The On-Net Service Intervals set forth in this Section 5 comport with industry standards today and are not subject to change for 6 (six) months except by mutual agreement. 5.2.1 When a Service Order is placed, SBCS will indicate a requested start date (the "Requested Start Date") for the On-Net Transport Service and, except for 1+ Voice Services, the desired term of the On-Net Transport Service, the specific city pairs, the applicable bandwidth and any other information required pursuant to the Service Order form developed pursuant to Section 5.1. Willxxxx xxxl acknowledge receipt of a Service Order **** during Business Days of receipt of such Service Order (the "Acknowledgment"). Within **** of the Acknowledgment, Willxxxx xxxl issue a firm order commitment (the "FOC") indicating the anticipated Start Date for such On-Net Transport Service, and indicating the status, if any, of any request for Local Access Services or Off-Net InterLATA Services that SBCS requested in the Service Order. Willxxxx xxxl make all reasonable efforts to meet SBCS's Requested Start Date. In the event that SBCS requests a ------ **** Confidential material has been omitted and filed separately with the Securities and Exchange Commission. change in the Requested Start Date, SBCS's Requested Start Date will be changed to reflect the number of days of delay, or advance, as mutually agreed upon. 5.2.2 Willxxxx xxxl activate ANIs and will order service from the Local Access Service Provider for 1+ Voice Service within **** of the request for such Service, unless otherwise specified by SBCS. 5.3 Standard On-Net Service Intervals 5.3.1 Willxxxx' xxandard Service Interval for Willxxxx XXX to Willxxxx XXX On-Net Transport Services will be: **** 5.3.2 The standard Service Interval for OC-N level Service shall be mutually agreed upon. 5.3.3 The standard service implementation interval for Off-Net Services either partially or wholly off of the Willxxxx' Xxtwork shall be determined on an Individual Case Basis, but in no event shall it be longer than the service implementation interval actually taken by the Third Party provider.