Common use of Standards for Network Elements Clause in Contracts

Standards for Network Elements. 32.10.1 Nothing in this Agreement shall be interpreted to require GTE to bundle or combine Network Elements upon AT&T’s request. Notwithstanding any other provision of this Agreement, GTE shall only be responsible for the functioning of each of the Network Elements that GTE provides to AT&T pursuant to this Agreement and under no event or circumstance shall GTE be responsible for the combined or end-to-end performance of any Network Element(s) that AT&T bundles or combines with any other Network Element(s). 32.10.2 This Agreement shall only require GTE to provide unbundled access to network elements to which GTE is required to provide access under Applicable Law (including Commission orders). For example, this Agreement shall not require GTE to provide access to network elements that do not exist as part of GTE’s network at the time of a requested order. GTE shall ensure that the quality of the Network Elements provided to AT&T shall be equal to network elements as such network elements would be provided by GTE to itself, its subsidiaries, its Affiliates or any other party to whom GTE provides Network Elements. Equal in quality includes, but is not limited to, parity in the design, provisioning, maintenance, and repair of Network Elements provided to AT&T. GTE shall not be required to provide AT&T with superior quality access to Network Elements. 32.10.3 [Intentionally Deleted] 32.10.3.1 If AT&T contends that GTE has failed to meet the requirements of this Section 32, AT&T will provide GTE documentation of such purported failure. Within a reasonable time period after receiving such documentation, GTE shall provide to AT&T engineering, design, performance and other network data that the parties mutually agree in accordance with Section 23.19 of this Agreement is necessary and sufficient for AT&T to determine that the requirements of this Section 32 are being met. In the event that such data establishes that the requirements of this Section 32 are not being met, GTE shall, within ten (10) business days, cure any design, performance or other deficiency and provide new data that the parties mutually agree is sufficient for AT&T to determine that such deficiencies have been cured. To the extent that GTE is unable to meet the above time frame, GTE shall promptly notify AT&T prior to the expiration of such time frame and the Parties shall agree on a revised completion date. 32.10.3.2 The Parties agree to work cooperatively with each other to effectuate the terms and conditions of this Agreement. 32.10.4 [Intentionally Deleted]

Standards for Network Elements. 32.10.1 Nothing in this Agreement shall be interpreted to require GTE to bundle or combine Network Elements upon AT&T’s request. Notwithstanding any other provision of this Agreement, GTE shall only be responsible for the functioning of each of the Network Elements that GTE provides to AT&T pursuant to this Agreement and under no event or circumstance shall GTE be responsible for the combined or end-to-end performance of any Network Element(s) that AT&T bundles or combines with any other Network Element(s). 32.10.2 This Agreement shall only require GTE to provide unbundled access to network elements to which GTE is required to provide access under Applicable Law (including Commission orders). For example, this Agreement shall not require GTE to provide access to network elements that do not exist as part of GTE’s network at the time of a requested order. GTE shall ensure that the quality of the Network Elements provided to AT&T shall be equal to network elements as such network elements would be provided by GTE to itself, its subsidiaries, its Affiliates or any other party to whom GTE provides Network Elements. Equal in quality includes, but is not limited to, parity in the design, provisioning, maintenance, and repair of Network Elements provided to AT&T. GTE shall not be required to provide AT&T with superior quality access to Network Elements. 32.10.3 [Intentionally Deleted] 32.10.3.1 If AT&T contends that GTE has failed to meet the requirements of this Section 32, AT&T will provide GTE documentation of such purported failure. Within a reasonable time period after receiving such documentation, GTE shall provide to AT&T engineering, design, performance and other network data that the parties mutually agree in accordance with Section 23.19 of this Agreement is necessary and sufficient for AT&T to determine that the requirements of this Section 32 are being met. In the event that such data establishes that the requirements of this Section 32 are not being met, GTE shall, within ten (10) business days, cure any design, performance or other deficiency and provide new data that the parties mutually agree is sufficient for AT&T to determine that such deficiencies have been cured. To the extent that GTE is unable to meet the above time frame, GTE shall promptly notify AT&T prior to the expiration of such time frame and the Parties shall agree on a revised completion date. 32.10.3.2 The Parties agree to work cooperatively with each other to effectuate the terms and conditions of this Agreement. 32.10.4 [Intentionally Deleted]

Standards for Network Elements. 32.10.1 Nothing in this Agreement shall be interpreted to require GTE to bundle or combine Network Elements upon AT&TACSI’s request. Notwithstanding any other provision of this Agreement, GTE shall only be responsible for the functioning of each of the Network Elements that GTE provides to AT&T ACSI pursuant to this Agreement and under no event or circumstance shall GTE be responsible for the combined or end-to-end performance of any Network Element(s) that AT&T ACSI bundles or combines with any other Network Element(s).. [ Combinations ] 32.10.2 This Agreement shall only require GTE to provide unbundled access to network elements to which GTE is required to provide access under Applicable Law (including Commission orders). For example, this Agreement shall not require GTE to provide access to network elements that do not exist as part of GTE’s network at the time of a requested order. GTE shall ensure that the quality of the Network Elements provided to AT&T ACSI shall be equal to network elements as such network elements would be provided by GTE to itself, its subsidiaries, its Affiliates or any other party to whom GTE provides Network Elements. Equal in quality includes, but is not limited to, parity in the design, provisioning, maintenance, and repair of Network Elements provided to AT&T. ACSI. GTE shall not be required to provide AT&T ACSI with superior quality access to Network Elements. 32.10.3 [Intentionally Deleted] 32.10.3.1 If AT&T ACSI contends that GTE has failed to meet the requirements of this Section 32, AT&T ACSI will provide GTE documentation of such purported failure. Within a reasonable time period after receiving such documentation, GTE shall provide to AT&T ACSI engineering, design, performance and other network data that the parties mutually agree in accordance with Section 23.19 of this Agreement is necessary and sufficient for AT&T ACSI to determine that the requirements of this Section 32 are being met. In the event that such data establishes that the requirements of this Section 32 are not being met, GTE shall, within ten (10) business days, cure any design, performance or other deficiency and provide new data that the parties mutually agree is sufficient for AT&T ACSI to determine that such deficiencies have been cured. To the extent that GTE is unable to meet the above time frame, GTE shall promptly notify AT&T ACSI prior to the expiration of such time frame and the Parties shall agree on a revised completion date. 32.10.3.2 The Parties agree to work cooperatively with each other to effectuate the terms and conditions of this Agreement. 32.10.4 [Intentionally Deleted]