Common use of USE OF UNBUNDLED NETWORK ELEMENTS Clause in Contracts

USE OF UNBUNDLED NETWORK ELEMENTS. 2.1. Sprint shall offer UNEs to KMC for the purpose of offering Telecommunications Service to CLEC subscribers. Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. Sprint shall offer UNEs to KMC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with Applicable Law and the terms and conditions of this Agreement. KMC shall pay Sprint for the UNEs provisioned and shall pay the recurring and non-recurring charges which shall be TELRIC rates and consistent with Applicable Law or as otherwise agreed to by the Parties. 2.1.1. Sprint shall not impose limitations, except as otherwise provided for under this Agreement, restrictions, or requirements on requests for, or the use of, unbundled network elements for the service a requesting telecommunications carrier seeks to offer. 2.2. KMC may use one or more UNEs or combination of UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. 2.3. Each UNE provided by Sprint to KMC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 2.4. The quality of an unbundled network element, as well as the quality of the access to such unbundled network element that an incumbent LEC provides to a requesting telecommunications carrier shall be at least equal in quality to that which Sprint provides to itself. 2.4.1. If Sprint fails to meet this requirement, Sprint must prove to the state commission that it is not technically feasible to provide the requested unbundled network element, or to provide access to the requested unbundled network element, at a level of quality that is equal to that which Sprint provides to itself.