Common use of Service Orders for Interim Services Clause in Contracts

Service Orders for Interim Services. (a) Telecommunications Services, Additional Services, and Other Services requested by WinStar hereunder shall be requested on Xxxxxxxx Service Order forms in effect from time to time ("Service Orders"). Each Service Order shall reference this Agreement. Xxxxxxxx reserves the right not to accept a Service Order that does not conform with the terms and conditions of this Agreement and such non-conforming Service Order shall have no force or effect hereunder. (b) Each Service Order will indicate a requested due date (the "Requested Start Date") for the Circuit, the desired term of the Circuit, specific city pairs, applicable bandwidth, whether the Circuit(s) are to be expedited or provided in normal intervals and any other parameters required. Xxxxxxxx shall acknowledge receipt of the Service Order, on average, within forty-eight (48) hours (an "Acknowledgement"). Within four (4) business days of the Acknowledgement, Xxxxxxxx will advise WinStar as to network availability. With respect to On-Net Circuits, when WinStar requests to order its own local loops Xxxxxxxx will provide a Letter of Agency within seven to ten business days after Xxxxxxxx' receipt of the Service Order. Within twenty-four (24) hours after Xxxxxxxx' receipt of the Design Layout Record (as provided by the applicable local access provider), Xxxxxxxx will provide a firm order commitment for On-Net Circuits. All Service Order intervals for Off-net Circuits or Backbone Agreement Circuits are on an individual case basis. Xxxxxxxx will use reasonable efforts to assist WinStar in obtaining a Letter of Agency and delivering service from a Third-Party Provider. All On-Net DS-3/OC-3 Circuits ordered by WinStar pursuant to Service Orders under this Agreement will be provisioned by Xxxxxxxx within a target timeframe of forty-five (45) days from the date of the Service Order for POP to POP service. (c) Once a Service Order is placed, WinStar may cancel it only by notice of cancellation not less then ten days prior to delivery of the corresponding Circuit, and payment of any specified cancellation fee. WinStar agrees that the actual damages in the event of such cancellation would be difficult or impossible to ascertain, and that the cancellation charge set forth in herein is consequently intended to establish liquidated damages and not a penalty. (d) Any conflicting, different or additional terms and conditions contained in WinStar's acknowledgment or Service Order or elsewhere are deemed objected to by Xxxxxxxx and shall not constitute part of this Agreement. No action by Xxxxxxxx (including fulfillment of such Service Order) shall be construed as binding or estopping Xxxxxxxx with respect to such conflicting, different or additional term or condition, unless the Service Order containing said term or condition has been signed by an authorized representative of Xxxxxxxx. (e) Xxxxxxxx shall make reasonable efforts to provide Telecommunications Services, Other Services and Additional Services within its standard service implementation interval, as set forth herein or on WinStar's Requested Start Date. Telecommunications Services, Other Services or Additional Services, as applicable, shall begin on the date Xxxxxxxx issues a notice that service is available (the "Start of Service Notice" or "SOSN"), indicating the service has been tested by Xxxxxxxx in accordance with Xxxxxxxx' standard specifications and that the service meets or exceeds those specifications. (f) WinStar may reasonably request one or more delays in the Requested Start Date of a Service Order, a move, or rearrangement if Xxxxxxxx receives the delay request at least fifteen (15) days prior to the Requested Start Date and the requested delay does not extend the Requested Start Date more than thirty (30) days from the original date thereof. If WinStar delays the Requested Start Date (or as gauged by the SOSN, if issued for a date after the Requested Start Date) by more than thirty (30) days, WinStar has the option to (a) accept the billing for the Service Order, (b) in the case of On-Net Telecommunications Services, Other Services, or Additional Services, cancel the Service Order and pay the applicable cancellation charges for the facilities ordered, or (c) in the case of Off-Net Telecommunications Services, Other Services, or Additional Services, cancel the Service Order and pay any charges or other costs Xxxxxxxx incurs as a result of such cancellation. The billing or cancellation will be effective thirty (30) days after the Requested Start Date. If WinStar elects to accept billing, the installation will be completed as soon as reasonably practical after WinStar advises Xxxxxxxx that the installation can be completed. (g) Subject to the terms of Section 24.1(l), if, after the relevant Start Date, Xxxxxxxx is in material breach of its obligation to issue a SOSN for On-Net Telecommunications Services (excluding any breach arising from delays in obtaining or failures to obtain or maintain service such as local access or Off-Net service, but excluding POP-to-POP On-Net service) for a period of more than one hundred twenty (120) consecutive days after WinStar provides written notice of such breach, WinStar may deduct from each succeeding monthly invoice, so long as that breach continues, the amount by which such Telecommunications Services would otherwise have contributed toward the Minimum Commitment during any month following such one hundred twenty (120) day period. Upon Xxxxxxxx' issuance of the corresponding SOSN, no further deductions shall be available to WinStar for such Telecommunications Services.

Service Orders for Interim Services. (a) Telecommunications Services, Additional Services, and Other Services requested by WinStar hereunder shall be requested on Xxxxxxxx Service Willxxxx Xxxvice Order forms in effect from time to time ("Service Orders"). Each Service Order shall reference this Agreement. Xxxxxxxx reserves Willxxxx xxxerves the right not to accept a Service Order that does not conform with the terms and conditions of this Agreement and such non-conforming Service Order shall have no force or effect hereunder. (b) Each Service Order will indicate a requested due date (the "Requested Start Date") for the Circuit, the desired term of the Circuit, specific city pairs, applicable bandwidth, whether the Circuit(s) are to be expedited or provided in normal intervals and any other parameters required. Xxxxxxxx shall Willxxxx xxxll acknowledge receipt of the Service Order, on average, within forty-eight (48) hours (an "Acknowledgement"). Within four (4) business days of the Acknowledgement, Xxxxxxxx will Willxxxx xill advise WinStar as to network availability. With respect to On-Net Circuits, when WinStar requests to order its own local loops Xxxxxxxx will Willxxxx xxxl provide a Letter of Agency within seven to ten business days after XxxxxxxxWillxxxx' receipt xeceipt of the Service Order. Within twenty-four (24) hours after XxxxxxxxWillxxxx' receipt xxceipt of the Design Layout Record (as provided by the applicable local access provider), Xxxxxxxx will Willxxxx xxxl provide a firm order commitment for On-Net Circuits. All Service Order intervals for Off-net Circuits or Backbone Agreement Circuits are on an individual case basis. Xxxxxxxx Willxxxx will use reasonable efforts to assist WinStar in obtaining a Letter of Agency and delivering service from a Third-Party Provider. All On-Net DS-3/OC-3 Circuits ordered by WinStar pursuant to Service Orders under this Agreement will be provisioned by Xxxxxxxx within Willxxxx xxthin a target timeframe of forty-five (45) days from the date of the Service Order for POP to POP service. (c) Once a Service Order is placed, WinStar may cancel it only by notice of cancellation not less then ten days prior to delivery of the corresponding Circuit, and payment of any specified cancellation fee. WinStar agrees that the actual damages in the event of such cancellation would be difficult or impossible to ascertain, and that the cancellation charge set forth in herein is consequently intended to establish liquidated damages and not a penalty. (d) Any conflicting, different or additional terms and conditions contained in WinStar's acknowledgment or Service Order or elsewhere are deemed objected to by Xxxxxxxx and Willxxxx xxx shall not constitute part of this Agreement. No action by Xxxxxxxx Willxxxx (including xxcluding fulfillment of such Service Order) shall be construed as binding or estopping Xxxxxxxx Willxxxx with respect to such conflicting, different or additional term or condition, unless the Service Order containing said term or condition has been signed by an authorized representative of XxxxxxxxWillxxxx. (e) Xxxxxxxx shall Willxxxx xxxll make reasonable efforts to provide Telecommunications Services, Other Services and Additional Services within its standard service implementation interval, as set forth herein or on WinStar's Requested Start Date. Telecommunications Services, Other Services or Additional Services, as applicable, shall begin on the date Xxxxxxxx Willxxxx issues a notice that service is available (the "Start of Service Notice" or "SOSN"), indicating the service has been tested by Xxxxxxxx Willxxxx in accordance with XxxxxxxxWillxxxx' standard xtandard specifications and that the service meets or exceeds those specifications. (f) WinStar may reasonably request one or more delays in the Requested Start Date of a Service Order, a move, or rearrangement if Xxxxxxxx Willxxxx receives the delay request at least fifteen (15) days prior to the Requested Start Date and the requested delay does not extend the Requested Start Date more than thirty (30) days from the original date thereof. If WinStar delays the Requested Start Date (or as gauged by the SOSN, if issued for a date after the Requested Start Date) by more than thirty (30) days, WinStar has the option to (a) accept the billing for the Service Order, (b) in the case of On-Net Telecommunications Services, Other Services, or Additional Services, cancel the Service Order and pay the applicable cancellation charges for the facilities ordered, or (c) in the case of Off-Net Telecommunications Services, Other Services, or Additional Services, cancel the Service Order and pay any charges or other costs Xxxxxxxx Willxxxx incurs as a result of such cancellation. The billing or cancellation will be effective thirty (30) days after the Requested Start Date. If WinStar elects to accept billing, the installation will be completed as soon as reasonably practical after WinStar advises Xxxxxxxx that Willxxxx xxxt the installation can be completed. (g) Subject to the terms of Section 24.1(l), if, after the relevant Start Date, Xxxxxxxx is Willxxxx xx in material breach of its obligation to issue a SOSN for On-Net Telecommunications Services (excluding any breach arising from delays in obtaining or failures to obtain or maintain service such as local access or Off-Net service, but excluding POP-to-POP On-Net service) for a period of more than one hundred twenty (120) consecutive days after WinStar provides written notice of such breach, WinStar may deduct from each succeeding monthly invoice, so long as that breach continues, the amount by which such Telecommunications Services would otherwise have contributed toward the Minimum Commitment during any month following such one hundred twenty (120) day period. Upon XxxxxxxxWillxxxx' issuance xssuance of the corresponding SOSN, no further deductions shall be available to WinStar for such Telecommunications Services.