Transition Requirements. For a 12-month period beginning on March 11, 2005, Verizon shall provide access to Mass Market Switching on an unbundled basis for ARC to serve its embedded end user customer base. The price for Mass Market Switching in combination with unbundled DS0 capacity loops and Shared Transport obtained pursuant to this section shall be priced at the transitional rates provided for in the Pricing Attachment to this Amendment, which shall be the higher of (a) the rate at which ARC obtained that combination of network elements on June 15, 2004 plus one dollar, or (b) the rate the Department establishes or has established, if any, between June 16, 2004, and the effective date of the TRRO, for that combination of network elements, plus one dollar. ARC may not obtain new Mass Market Switching as an unbundled network element on or after March 11, 2005.
3.7.3.1 For purposes of Section 3.7.3 above, serving the ARC's embedded end user customer base means serving ARC's end user customers using a Mass Market Switching arrangement that was in service for that end user customer as of March 11, 2005, and does not include adding new Mass Market Switching arrangements, adding new lines to existing arrangements, adding or changing features on an existing arrangement, or serving the embedded end user customer at a location different from the location at which that customer was served using the subject Mass Market Switching arrangement as of March 11, 2005 unless such additional lines, feature changes, or moves are provided as resale under section 251(c)(4) of the Act or pursuant to a separate commercial agreement.
Transition Requirements. At the expiration of the Maintenance Period or any earlier termination of this Capital Maintenance Contract, DB Contractor shall ensure and certify in writing that (a) the Maintained Elements can be safely used for their intended purpose and that the Maintenance Services have been performed in accordance with the terms of the CMC Documents, Governmental Approvals and applicable Law, (b) there are no DB Contractor Releases of Hazardous Materials within, on, in or under the Project ROW or real property within the Maintenance Limits, and (c) except as previously disclosed in writing to TxDOT, there is no litigation pending regarding the Maintenance Services or the Project by any DB Contractor-Related Entity. No later than 60 days prior to the end of the Maintenance Period or upon earlier termination of the CMC, DB Contractor shall prepare the Maintenance Transition Plan and deliver all final Record Documents relating to the Renewal Work performed under this Capital Maintenance Contract in accordance with Section 9.7.11 of the CMA Specification.
Transition Requirements. At the expiration of the Maintenance Period or any earlier termination of this CMA, DB Contractor shall ensure and certify in writing that (a) the Maintained Elements can be safely used for their intended purpose and that the Maintenance Services have been performed in accordance with the terms of the CMA Documents, Governmental Approvals and applicable Law, (b) there are no DB Contractor Releases of Hazardous Materials within, on, in or under the Maintenance Limits, and (c) except as previously disclosed in writing to TxDOT, there is no litigation pending regarding the Maintenance Services or the Project by any DB Contractor-Related Entity. No later than 60 days prior to the end of the Maintenance Period or upon earlier termination of the CMA, DB Contractor shall prepare the Maintenance Transition Plan and deliver all final Record Documents relating to the Capital Asset Replacement Work performed under this CMA in accordance with Sections 3.5 and 3.7 of Exhibit 2.
Transition Requirements. At the expiration of the Maintenance Term or any earlier termination of this Capital Maintenance Agreement, Maintenance Contractor shall ensure and certify that the Maintenance Elements meet the Asset Condition Score requirements. The Maintenance Contractor shall develop a Maintenance Transition Plan as set forth in Section 3.6.1.
Transition Requirements. At the expiration of the Maintenance Term or any earlier termination of this Comprehensive Maintenance Agreement, DB Contractor shall ensure and certify in writing that
(a) DB Contractor has completed all Close-Out Punch List items to the reasonable satisfaction of TxDOT (b) the Project can be safely used for its intended purpose and that the Maintenance Services have been performed in accordance with the terms of the COMA Documents, Governmental Approvals and applicable Law, (c) there are no DB Contractor Releases of Hazardous Materials within, on, in or under the Project ROW, and (d) except as previously disclosed in writing to TxDOT, there is no litigation pending regarding the Maintenance Services or the Project by any DB Contractor-Related Entity.
Transition Requirements. For a 12-month period beginning on March 11, 2005, Verizon shall provide access to Mass Market Switching on an unbundled basis for Equal Access to serve its embedded end user customer base. The price for Mass Market Switching in combination with unbundled DS0 capacity loops and Shared Transport obtained pursuant to this section shall be priced at the transitional rates provided for in the Pricing Attachment to this Amendment, which shall be the higher of (a) the rate at which Equal Access obtained that combination of network elements on June 15, 2004 plus one dollar, or (b) the rate the Department establishes or has established, if any, between June 16, 2004, and the effective date of the TRRO, for that combination of network elements, plus one dollar. Equal Access may not obtain new Mass Market Switching as an unbundled network element on or after March 11, 2005.
3.7.3.1 For purposes of Section 3.7.3 above, serving the Equal Access's embedded end user customer base means serving Equal Access's end user customers using a Mass Market Switching arrangement that was in service for that end user customer as of March 11, 2005, and does not include adding new Mass Market Switching arrangements, adding new lines to existing arrangements, adding or changing features on an existing arrangement, or serving the embedded end user customer at a location different from the location at which that customer was served using the subject Mass Market Switching arrangement as of March 11, 2005 unless such additional lines, feature changes, or moves are provided as resale under section 251(c)(4) of the Act or pursuant to a separate commercial agreement.
Transition Requirements. For the 12-month transition period beginning on March 11, 2005, any unbundled DS3 Dedicated Transport that SPRINT leased from Verizon as of March 11, 2005, but which Verizon is not obligated to unbundle pursuant to section 3.5.2.1 above, shall be available to SPRINT for lease from Verizon at transitional rates provided for in the Pricing Attachment to this Amendment.
Transition Requirements. For a 12-month period beginning on March 11, 2005, Verizon shall provide access to Mass Market Switching on an unbundled basis for KMC V to serve its embedded end user customer base. The price for Mass Market Switching in combination with unbundled DS0 capacity loops and Shared Transport obtained pursuant to this section shall be priced at transitional rates which shall be the higher of (a) the rate at which KMC V obtained that combination of network elements on June 15, 2004 plus one dollar, or (b) the rate the Commission establishes or has established, if any, between June 16, 2004, and the effective date of the TRRO, for that combination of network elements, plus one dollar. KMC V may not obtain new Mass Market Switching as an unbundled network element on or after March 11, 2005.
3.7.3.1 For purposes of Section 3.7.3 above, serving the KMC V's embedded end user customer base means serving KMC V's end user customers using a Mass Market Switching arrangement that was in service for that end user customer as of March 11, 2005, and does not include adding new Mass Market Switching arrangements, adding new lines to existing arrangements, or serving the embedded end user customer at a location different from the location at which that customer was served using the subject Mass Market Switching arrangement as of March 11, 2005; provided, however, that KMC V may obtain such additional lines or moves as resale under Section 251(c)(4) of the Act (in accordance with the resale provisions of the Agreement) or pursuant to a separate commercial agreement.
Transition Requirements. For a 12-month period beginning on March 11, 2005, Verizon shall provide access to Mass Market Switching on an unbundled basis for RCN-B to serve its embedded end user customer base. The price for Mass Market Switching in combination with unbundled DS0 capacity loops and Shared Transport obtained pursuant to this section shall be priced at the transitional rates provided for in the Pricing Attachment to this Amendment, which shall be the higher of (a) the rate at which RCN-B obtained that combination of network elements on June 15, 2004 plus one dollar, or (b) the rate the Department establishes or has established, if any, between June 16, 2004, and the effective date of the TRRO, for that combination of network elements, plus one dollar. RCN-B may not obtain new Mass Market Switching as an unbundled network element on or after March 11, 2005.
3.7.3.1 For purposes of Section 3.7.3 above, serving the RCN-B's embedded end user customer base means serving RCN-B's end user customers using a Mass Market Switching arrangement that was in service for that end user customer as of March 11, 2005, and does not include adding new Mass Market Switching arrangements, adding new lines to existing arrangements, adding or changing features on an existing arrangement, or serving the embedded end user customer at a location different from the location at which that customer was served using the subject Mass Market Switching arrangement as of March 11, 2005 unless such additional lines, feature changes, or moves are provided as resale under section 251(c)(4) of the Act or pursuant to a separate commercial agreement.
Transition Requirements. 3.7.1 Maintenance Contractor, within 60 Days after issuance by TxDOT of Maintenance NTP1, shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Transition Plan as described in Section 0200 of Exhibit 2 to this Comprehensive Maintenance Agreement. Maintenance Contractor also shall provide an update to the Maintenance Transition Plan to the extent required by Section 0200 of Exhibit 2 to this Comprehensive Maintenance Agreement.
3.7.2 At the expiration of the Maintenance Term or any earlier termination of this Comprehensive Maintenance Agreement, Maintenance Contractor shall ensure and certify in writing that (a) the Maintenance Elements meet the Asset Condition Score requirements (b) the Project can be safely used for its intended purpose and that the Maintenance Services have been performed in accordance with the terms of the COMA Documents, Governmental Approvals and applicable Law, (c) there are no Maintenance Contractor Releases of Hazardous Materials within, on, in or under the Project ROW, and (d) except as previously disclosed in writing to TxDOT, there is no litigation pending regarding the Maintenance Services or the Project by any Maintenance Contractor-Related Entity. The Maintenance Contractor shall develop a Maintenance Transition Plan as set forth in Section 3.7.2.
