WORLDCOM NETWORK SERVICES, INC
CLASSIC/TRANSCEND -TM- SWITCHED SERVICES
AMENDMENT NO. 1
This Amendment No. 1 is made this 30 day of November, 1998, by and
between Logix Communications Corporation ("CUSTOMER") and WorldCom Network
Services, Inc. ("WORLDCOM"), to those certain Program Enrollment Terms (the
"PET") to that certain CLASSIC/TRANSCEND -TM- Telecommunications Services
Agreement and more particularly described as TSA#LCC-980601 (the "TSA") made
by and between Customer and WorldCom dated June, 1998. The parties agree that
as of December 1, 1998, the Service Schedule attached to the TSA will be
canceled in its entirety and superseded by the Service Schedule (the "AMENDED
AND RESTATED SERVICE SCHEDULE") attached hereto. In the event of any conflict
between the terms of the TSA or the PET and the terms of this Amendment No.
1, the terms of this Amendment No. 1 shall control. The TSA along with the
PET, the Amended and Restated Service Schedule, the Amended and Restated Rate
and Discount Schedule described herein and this Amendment No. 1 shall
collectively be referred to as the "AGREEMENT".
The parties agree for good and valuable consideration, intending
legally to be bound, as follows:
A. SERVICE TERM. The parties agree to substitute Section 1 of the
PET to read in its entirety as follows:
1. SERVICE TERM:
(A) This Agreement shall commence as of June 25, 1998 (the
"EFFECTIVE DATE"), and shall continue through and include
December 31, 2001 (the "SERVICE TERM"). Upon expiration of the
Service Term, the Switched Services in question will continue
to be provided pursuant to the same terms and conditions as
are then in effect (including without limitation, the
applicable rates, discounts and commitments, if any), subject
to termination by either party upon thirty (30) days prior
written notice to the other party.
(B) At any time during the Service Term, WorldCom agrees that
Customer may elect to transition such Services being provided
hereunder to other products and services then being offered,
provided, Customer's commitments (whether revenue, minute or
otherwise), if any, are transferred and applied in full under
any new products or services.
B. SPECIAL RATE. The parties agree to substitute Section 5 of the PET to
read in its entirety as follows:
5. SPECIAL RATE: Notwithstanding anything to the contrary contained in
the Amended and Restated Rate and Discount Schedule attached hereto,
commencing with the
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CONFIDENTIAL
Effective Date and continuing through the end of the Service Term,
Customer will receive the special rate (the "SPECIAL RATE") shown
below. The Special Rate will not be subject to the discount percentage
set forth in the Amended and Restated Rate and Discount Schedule. All
other rates will be as set forth in the Amended and Restated Rate and
Discount Schedule.
SWITCHED ACCESS Service (1+ and TOLL FREE) - Customer's Intrastate rate
for 1+ and TOLL FREE calls within the State of Texas will be $0.1175.
C. DISCOUNT SCHEDULE/APPLICATION OF DISCOUNTS/RATES. Commencing with
Customer's December, 1998 billing period (i.e., January, 1999 invoice),
be parties agree to delete the Rate and Discount Schedule attached to
the TSA in its entirety and replace said Schedule with the Amended and
Restated Rate and Discount Schedule attached hereto.
D. OTHER TERMS AND CONDITIONS. Except as specifically amended or modified
herein, the terms and conditions of the TSA and the PET will remain in
full force and effect throughout the Service Term and any extensions
thereof.
IN WITNESS WHEREOF the parties have entered into this Amendment No. 1
on the date first written above.
WORLDCOM NETWORK SERVICES, INC. LOGIX COMMUNICATIONS CORPORATION
By: /s/ Xxx Xxxxx By: /s/ Xxxxxx X. Xxxx
--------------------------- ---------------------------
Print Name: XXX XXXXX Print Name: XXXXXX X. XXXX
Title: REGIONAL SALES DIRECTOR Title: V.P. OPERATIONS FINANCE
-------------------------- --------------------------
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CONFIDENTIAL
WORLDCOM NETWORK SERVICES, INC.
CLASSIC SWITCHED SERVICES
AMENDED AND RESTATED
RATE AND DISCOUNT SCHEDULE
This AMENDED AND RESTATED RATE AND DISCOUNT SCHEDULE is made by and
between WorldCom Network Services, Inc. ("WORLDCOM") and Logix Communications
Corporation ("CUSTOMER") and is a part of their Telecommunications Services
Agreement for Switched Services. Capitalized terms not defined herein shall have
the meaning ascribed to them in the TSA, the PET or the Service Schedule. NOTE:
ANY MODIFICATIONS, ADDITIONS OR DELETIONS FROM THIS AMENDED AND RESTATED RATE
AND DISCOUNT SCHEDULE WILL NOT BE EFFECTIVE UNLESS SPECIFICALLY SET FORTH IN THE
PET.
I. RATES
(A) TERMINATION SERVICE
--------------------------------------------------------------------------------------
JURISDICTION RATE PER MINUTE
--------------------------------------------------------------------------------------
INTERSTATE
- Within the 48 contiguous United $0.0450 Day/Nonday
States (excluding termination to
SUPERSAVER and PREMIUM LATAs)
- Within the 48 contiguous United $0.0375 Day/Nonday
States (termination to SUPERSAVER
LATAs on Schedule 1A)
- Within the 48 contiguous United $0.0350 Day/Nonday
States (termination to PREMIUM
LATAs on Schedule 1B)
--------------------------------------------------------------------------------------
XXXXXXXXXX Xxxxxxxx
- 00 xxxxxxxxxx Xxxxxx Xxxxxx to Hawaii $0.1108 Day/$0.0887 Nonday
- 48 contiguous United States to Alaska, $0.1120 Day/$0.0950 Nonday
Puerto Rico and US Virgin Islands
--------------------------------------------------------------------------------------
INTRASTATE* SEE Schedule 2 (DEDICATED
ACCESS Service Rates)
--------------------------------------------------------------------------------------
INTERNATIONAL*
- 48 contiguous United States to SEE Schedule 5#
International locations
(excluding Canada and Mexico)
- 48 contiguous United States to SEE Schedule 0
Xxxxxx
- 00 xxxxxxxxxx Xxxxxx Xxxxxx to Mexico SEE Schedule 3
--------------------------------------------------------------------------------------
* NOT SUBJECT TO DISCOUNT.
# Based on Customer's Minimum Revenue Commitment described in
the PET rounded down to the nearest level.
(B) TOLL FREE ORIGINATION Service
--------------------------------------------------------------------------------------
JURISDICTION RATE PER MINUTE
--------------------------------------------------------------------------------------
INTERSTATE
- Within the 48 contiguous United $0.0525 Day/Nonday
States (excluding origination
from SUPERSAVER and PREMIUM LATAs)
- Within the 48 contiguous United $0.0450 Day/Nonday
States (origination
--------------------------------------------------------------------------------------
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CONFIDENTIAL
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from SUPERSAVER LATAs on Schedule 1A)
- Within the 48 contiguous United $0.0425 Day/Nonday
States (origination from PREMIUM
LATAs on Schedule 13)
--------------------------------------------------------------------------------------
INTERSTATE Extended
- Hawaii to 48 contiguous United $0.1279 Day/$0.1110 Nonday
States
- Alaska to 48 contiguous United $0.2457 Day/$0.2379 Nonday
States
- Puerto Rico to 48 contiguous $0.1500 Day/$0.1465 Nonday
United States
- US Virgin Islands to 48 $0.1899 Day/$0.1821 Nonday
contiguous United States
--------------------------------------------------------------------------------------
INTRASTATE* SEE Schedule 2 (DEDICATED
ACCESS Service Rates)
--------------------------------------------------------------------------------------
INTERNATIONAL*
- Canada to 48 contiguous United SEE Schedule 3 (DEDICATED
States ACCESS Service Rates)
--------------------------------------------------------------------------------------
* NOT SUBJECT TO DISCOUNT.
(C) SWITCHED ACCESS SERVICE
--------------------------------------------------------------------------------------
JURISDICTION RATE PER MINUTE
--------------------------------------------------------------------------------------
INTERSTATE (1+ and TOLL FREE)
- Within the 48 contiguous United States $0.0795 Day/Nonday
--------------------------------------------------------------------------------------
XXXXXXXXXX (0x) Xxxxxxxx
- 00 xxxxxxxxxx Xxxxxx Xxxxxx to $0.1470 Day/$0.1219 Nonday
Xxxxxx
- 00 xxxxxxxxxx Xxxxxx Xxxxxx to $0.1470 Day/$0.1300 Nonday
Alaska, Puerto Rico and US Virgin Islands
- Hawaii to 48 contiguous United $0.1550 Day/$0.1470 Nonday
States
- Hawaii to Alaska, Puerto Rico $0.1751 Day/$0.1581 Nonday
and US Virgin Islands
--------------------------------------------------------------------------------------
INTERSTATE (TOLL FREE) Extended*
- Hawaii to 48 contiguous United $0.1550 Day/$0.1470 Nonday
States
- Alaska to 48 contiguous United $0.2728 Day/$0.2851 Nonday
States
- Puerto Rico to 48 contiguous $0.1830 Day/$0.1783 Nonday
United States
- US Virgin Islands to 48 $0.2170 Day/$0.2093 Nonday
contiguous United States
--------------------------------------------------------------------------------------
INTRASTATE (1+ and TOLL FREE)* SEE Schedule 2
--------------------------------------------------------------------------------------
INTERNATIONAL*
- 48 contiguous United States to SEE Schedule 4#
International locations
(excluding Canada and Mexico)
- 48 contiguous United States to SEE Schedule 0
Xxxxxx
- 00 xxxxxxxxxx Xxxxxx Xxxxxx to SEE Schedule 3
Mexico
- Hawaii to certain International SEE Schedule 7
locations
- Hawaii to Canada SEE Schedule 3
- Hawaii to Mexico SEE Schedule 3
--------------------------------------------------------------------------------------
* NOT SUBJECT TO DISCOUNT.
# Based on Customer's Minimum Revenue Commitment described in
the PET rounded down to the nearest level.
(D) DEDICATED ACCESS SERVICE
--------------------------------------------------------------------------------------
JURISDICTION RATE PER MINUTE
--------------------------------------------------------------------------------------
INTERSTATE (1+)
- Within the 48 contiguous United $0.0500 Day/Nonday
States (excluding termination to
DEDICATED SUPERSAVER LATAs)
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CONFIDENTIAL
---------------------------------------------------------------------------------------------
- Within the 48 contiguous United States (termination $0.0400 Day/Nonday
to DEDICATED SUPERSAVER LATAs on Schedule 1C)
---------------------------------------------------------------------------------------------
INTERSTATE (TOLL FREE)
- Within the 48 contiguous United States (excluding $.0525 Day/Nonday
termination from DEDICATED SUPERSAVER LATAs)
- Within the 48 contiguous United States (termination $.0475 Day/Nonday
from DEDICATED SUPERSAVER LATAs on Schedule 1)
---------------------------------------------------------------------------------------------
XXXXXXXXXX (0x) Xxxxxxxx
- 00 xxxxxxxxxx Xxxxxx Xxxxxx to Hawaii $0.1108 Day/$0.0887 Nonday
- 48 contiguous United States to Alaska, Puerto Rico $0.1120 Day/$0.0950 Nonday
and US Virgin Islands
---------------------------------------------------------------------------------------------
INTERSTATE (TOLL FREE) Extended*
- Hawaii to 48 contiguous United States $0.1279 Day/$0.1110 Nonday
- Alaska to 48 contiguous United States $0.2457 Day/$0.2379 Nonday
- Puerto Rico to 48 contiguous United States $0.1500 Day/$0.1465 Nonday
- US Virgin Islands to 48 contiguous United States $0.1899 Day/$0.1821 Nonday
---------------------------------------------------------------------------------------------
INTRASTATE (1+ and TOLL FREE)* SEE Schedule 2
---------------------------------------------------------------------------------------------
INTERNATIONAL*
- 48 contiguous United States to International locations SEE Schedule 5#
(excluding Canada and Mexico)
- 48 contiguous United States to Canada SEE Schedule 3
- 48 contiguous United States to Mexico SEE Schedule 3
---------------------------------------------------------------------------------------------
* NOT SUBJECT TO DISCOUNT.
# BASED ON CUSTOMER'S MINIMUM REVENUE COMMITMENT DESCRIBED IN
THE PET ROUNDED DOWN TO THE NEAREST LEVEL.
(E) TRAVEL CARD SERVICE
---------------------------------------------------------------------------------------------
JURISDICTION RATE PER MINUTE
---------------------------------------------------------------------------------------------
BASIC INTERSTATE
- Within the 48 contiguous United States $0.1200 Day/Nonday
---------------------------------------------------------------------------------------------
BASIC INTERSTATE Extended
- 48 contiguous United States to Alaska, Hawaii, $0.1450 Day/Nonday
Puerto Rico and US Virgin Islands
- Hawaii to 48 contiguous United States $0.1550 Day/$0.1470 Nonday
- Alaska to 48 contiguous United States $0.2728 Day/$0.2651 Nonday
- Puerto Rico to 48 contiguous United States $0.1830 Day/$0.1783 Nonday
- US Virgin Islands to 48 contiguous United States $0.2170 Day/$0.2093 Nonday
---------------------------------------------------------------------------------------------
BASIC INTRASTATE* SEE Schedule 2 (SWITCHED
ACCESS Service Rates)
---------------------------------------------------------------------------------------------
BASIC INTERNATIONAL *
- 48 contiguous United States to International locations SEE Schedule 4# (SWITCHED
(excluding Canada and Mexico) ACCESS Service Rates)
- 48 contiguous United States to Canada $0.1300 Day/Nonday
- 48 contiguous United States to Mexico SEE Schedule 3 (SWITCHED
ACCESS Service Rates)
- Canada to 48 contiguous United States $0.2450 Day/Nonday
---------------------------------------------------------------------------------------------
ENHANCED SEE Schedule 6
---------------------------------------------------------------------------------------------
* NOT SUBJECT TO DISCOUNT.
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CONFIDENTIAL
# BASED ON CUSTOMER'S MINIMUM REVENUE COMMITMENT DESCRIBED IN
THE PET ROUNDED DOWN TO THE NEAREST LEVEL.
(F) DIRECTORY ASSISTANCE
(i) Interstate Rate Per Call [NOT SUBJECT TO DISCOUNT]: $0.50.
(ii) Intrastate Rate Per Call [NOT SUBJECT TO DISCOUNT]: $0.60.
II. DISCOUNTS
(A) For purposes of this Agreement, Customer's "Monthly Revenue"
will be comprised of (i) Customer's gross measured and per call Switched Service
charges (i.e., Directory Assistance and both Domestic and International) which
shall include Customer's measured usage charges for International Toll Free
Service (ITFS) and Universal International Free Phone Number Service (UIFN) from
WorldCom (ii) the PICC Charge described in Section 16 of the Service Schedule
(if billed directly to WorldCom by the LEC) (iii) three (3) times Customer's
first $300,000 of Private Line Charges (as defined herein) from WorldCom, two
(2) times Customer's second $300,000 of Private Line Charges from WorldCom, and
Customer's Private Line Charges from WorldCom in excess of $600,000. For
purposes of this Subsection (A), Customer's "PRIVATE LINE CHARGES" will be
comprised of Customer's monthly recurring private line Interexchange Service
charges (i.e., both Domestic and International) PLUS Customer's Monthly Port
Charges, Monthly CIR Charges and Monthly NNI Charges, if any, as are
specifically described in an agreement for Frame Relay Services between WorldCom
and Customer. Customer's Monthly Revenue will include any Deficiency Charges
paid by Customer but will not include any pro rata charges, access charges,
ancillary or special feature charges, such as, Authorization codes or CDR Tapes,
or any other charges other than those identified by the relevant WorldCom
invoice as charges specifically mentioned in this Subsection (A).
(B) Commencing with the Effective Date and continuing through the end of the
Service Term (INCLUDING any applicable extensions thereto), Customer's discount
percentage (the "DISCOUNT") will be fifteen percent (15%).
III. APPLICATION OF DISCOUNTS
(A) After determining Customer's applicable Discount percentage under Article II
above, the applicable percentage will be applied to Monthly Revenues comprised
of Customer's INTERSTATE (including Alaska, Hawaii, the United States Virgin
Islands and Puerto Rico UNLESS otherwise noted herein) measured usage charges
(which includes 1+ and Toll Free usage UNLESS otherwise noted herein).
(B) During the Service Term, accumulated credits derived from the applicable
Discount will be applied in arrears commencing with the first day of the month
following the Effective Date, that is, the Discount will be applied to
Customer's measured usage charges for the preceding month (the "DISCOUNT
PERIOD"). The initial Discount Period shall include any partial calendar month
following Start of Service, or such other time basis as may be mutually
determined by the parties.
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CONFIDENTIAL
(C) Each Discount will result in the application of a credit obtained during the
Discount Period to the WorldCom invoice to Customer relevant to the billed
measured Switched Service for the calendar month next following the completion
of each Discount Period, PROVIDED Customer has paid undisputed charges
(including any late fees, if applicable) for that month and has not otherwise
been subject to a Suspension Notice in accordance with the TSA. Failure of
Customer to comply with the foregoing provision shall entitle WorldCom to
withhold any credit due Customer for the Discount Period in question until such
charges (including late fees) have been paid in full.
IN WITNESS WHEREOF, Customer has initialed this CLASSIC SWITCHED
SERVICES Amended and Restated Rate and Discount Schedule on the date first
written above.
LOGIX COMMUNICATIONS CORPORATION
Customer's Initials [ILLEGIBLE]
-----------
ATTACHMENTS:
Schedule 1A SUPERSAVER LATAs
Schedule 1B PREMIUM LATAs
Schedule 1C DEDICATED SUPERSAVER LATAs
Schedule 2 Intrastate Rates
Schedule 3 Canada and Mexico Rates; Canada and Mexico
Rates from Hawaii
Schedule 4 SWITCHED ACCESS Service International Rates
Schedule 5 DEDICATED ACCESS Service International Rates
Schedule 6 ENHANCED TRAVEL CARD Service Rates
Schedule 7 Switched International Rates 1 + from Hawaii
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CONFIDENTIAL
WORLDCOM NETWORK SERVICES, INC.
CLASSIC/TRANSCENDTM SWITCHED SERVICES
AMENDED AND RESTATED
SERVICE SCHEDULE
THIS AMENDED AND RESTATED SERVICE SCHEDULE is made by and between
WorldCom Network Services, Inc. ("WORLDCOM") and Logix Communications
Corporation ("CUSTOMER") and is a part of their Telecommunication Services
Agreement for Switched Services. Neither Customer nor WorldCom shall be
obligated with respect to the Switched Services described below, nor any other
condition of such Switched Services until Customer has submitted and WorldCom
has accepted a Service Request with respect to the particular Switched Service.
Capitalized terms not defined herein shall have the meaning ascribed to them in
the TSA, the PET or the applicable Rate and Discount Schedule.
1. SWITCHED SERVICES: During the Service Term of the Agreement, WorldCom will
provide the following Switched Services (all as more particularly described
herein), (i) to and from the locations below, and (ii) for the charges and
applicable discounts set forth in the applicable Rate and Discount Schedule
attached herewith:
(a) "TERMINATION SERVICE" which is WorldCom's termination of calls
received from Customer's Service Interconnection(s).
(b) "TOLL FREE ORIGINATION Service" which is the origination of
Toll Free calls by WorldCom and the termination of such calls
to Customer's Service Interconnection(s).
(c) "SWITCHED ACCESS Service" which is the origination (via
individual telephone -access lines) and termination of calls
solely over facilities comprising the WorldCom network.
(d) "DEDICATED ACCESS Service" which is the origination and
termination of calls solely over facilities comprising the
World Com network which origination or termination is via
dedicated access lines.
(e) "TRAVEL CARD Service" which is the origination (via Travel
Card Toll Free number access) and termination of calls solely
over facilities comprising the WorldCom network.
2. SERVICE INTERCONNECTIONS:
(a) In order to utilize (i) TERMINATION Service and TOLL FREE
ORIGINATION Service, one or more full time dedicated connections
between Customer's network and the WorldCom network at one or more
WorldCom designated locations ("WORLDCOM POP") must be established
("CARRIER SERVICE INTERCONNECTIONS"), and (ii) DEDICATED ACCESS
Service, one or more full time dedicated connections between an End
User's private branch exchange ("PBX") or other customer premise
equipment and the World Com network at one or more World Com POP(s)
must be established ("DEDICATED SERVICE INTERCONNECTIONS"). Each
Carrier Service Interconnection and Dedicated Service Interconnection
shall be comprised of
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CONFIDENTIAL
one or more dedicated access circuits, as the case may be. Carrier
Service Interconnections and Dedicated Service Interconnections are
collectively referred to as "SERVICE INTERCONNECTIONS".
(b) The circuit(s) comprising each Service Interconnection to a
WorldCom POP shall be requested by Customer on the appropriate WorldCom
Service Request. Each Service Request will describe (among other
things) the WorldCom POP to which a Service Interconnection is to be
established, the Requested Service Date therefor, the type and quantity
of circuits comprising the Service Interconnection and any charges and
other information relevant thereto, such as, Customer's terminating or
originating switch location, as the case may be. Such additional
information may be obtained from Customer or gathered by WorldCom and
recorded in Technical Information Sheets provided by WorldCom.
(c) Once ordered, and unless otherwise provided for in this TSA,
Service Interconnections or the circuits comprising each Service
Interconnection may only be canceled by Customer upon not less than
thirty (30) days prior written notice to WorldCom.
(d) With respect to a Carrier Service interconnection, absent the
automatic number identification ("ANI") of the calling party, Customer
shall provide WorldCom with a written certification (the
"Certification") of the percentage of interstate (including
international) and intrastate minutes of use relevant to the minutes of
traffic to be terminated in the same state in which the World Com POP
is located to which the Carrier Service Interconnection is made. This
Certification shall be provided by Customer prior to Start of Service
for any Carrier Service Interconnection and may be modified from time
to time by Customer and subject to recertification upon the request of
World Com which requests shall not be made unilaterally by WorldCom
more than once each calendar quarter. Any such modification(s) or
Certification(s) shall be effective as of the first day of any calendar
month and following at least forty-five (45) days notice from Customer.
In the event Customer fails to make such Certification, the relevant
minutes of use will be deemed to be subject to the Intrastate Rates
described in the applicable Rate and Discount Schedule. In the event
WorldCom or any other third party requires an audit of WorldCom's
interstate/intrastate minutes of traffic, Customer agrees to cooperate
in such audit at its expense and make its call detail records, billing
systems and other necessary information reasonably available to World
Com or any third party solely for the purpose of verifying Customer's
interstate/intrastate minutes of traffic. Customer agrees to indemnify
World Com for any liability World Com incurs in the event Customer's
Certification is different than that determined by the audit.
(e) With respect to Carrier Service Interconnections, Customer shall be
solely responsible for establishing and maintaining each Carrier
Service Interconnection over facilities subject to World Com's
approval. With respect to Dedicated Service Interconnections, WorldCom
will provision and maintain local access facilities between the End
User location (i.e., PBX) and the WorldCom POP, subject to any LEC
charges plus other applicable terms and charges set forth in World
Com's F.C.C. Tariff No. 5, however, Customer may elect to be
responsible for establishing each Dedicated Service Interconnection
over facilities subject to WorldCom's approval. Service
Interconnections shall only be comprised of D$1 facilities unless
otherwise provided for in the Service Request and agreed to in writing
by WorldCom. If a Service Interconnection is proposed to be made via a
local exchange xxxxxx, WorldCom will have the authority to direct
Customer to utilize WorldCom's entrance facilities or local serving
arrangement ("LSA") with the relevant local telephone operating
company, and Customer will be subject to a non-discriminatory charge
therefor from World Com. The monthly recurring
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charge relevant to Customer's use of LSA capacity shall be subject to
upward adjustment by WorldCom from time to time which adjustment, if
any, shall not exceed the rate that otherwise would be charged for the
equivalent switched access capacity between the same points by the
relevant local telephone operating company pursuant to its published
charges for the type of service in question.
(f) If other private line interexchange facilities are necessary to
establish a Service Interconnection, and such facilities are requested
from WorldCom, such facilities will be provided on an individual case
basis.
(g) Commencing with the second full calendar month following Start of
Service for each circuit comprising a Service Interconnection (i.e.,
both Carrier Service Interconnections and Dedicated Service
Interconnections) and thereafter, Customer will maintain Switched
Services measured usage charges per DS1 (or DS-1 equivalent circuit) of
not less than an average of $1,500 per calendar month/billing period
("MINIMUM MONTHLY USAGE"). In the event Customer fails to obtain the
required Minimum Monthly Usage for the circuits comprising each Service
Interconnection, WorldCom will charge and Customer will pay the
difference between the number of DS-1s times the Minimum Monthly Usage
(i.e., $1,500) and Customer's total Switched Services measured usage
charges for the circuit(s) comprising the Service Interconnection in
question ("MINIMUM USAGE CHARGE"). WorldCom TERMINATION Service and
TOLL FREE ORIGINATION Service minutes carried over the same Service
Interconnection, if any, shall be included in determining if Customer
has met the Minimum Monthly Usage requirement.
Example: Assume Customer's actual Switched Services measured
usage charges for 2 DS-1s comprising a Carrier Service
Interconnection at WorldCom POP A is $3,500, Customer's actual
Switched Services measured usage charges for 2 DS-1s
comprising a Carrier Service Interconnection at WorldCom POP B
is $4,500, and Customer's End User's actual Switched Services
measured usage charges for 1 DS-1 comprising a Dedicated
Service Interconnection at WorldCom POP C is $600. Customer
would not be subject to a Minimum Usage Charge since
Customer's actual Minimum Monthly Usage is $8,600 which
exceeds Customer's Minimum Monthly Usage of $7,500 [5 x
$1,500).
(h) DS-1 circuits comprising all Service Interconnections will be
subject to a nonrecurring $400 per DS-1 switch port installation
charge, and DS-3 circuits comprising all Service Interconnections will
be subject to a nonrecurring per DS-3 switch port installation charge
as determined on an individual case basis.
3. FORECASTS: Before Customer's initial order for Switched Services, Customer
shall provide World Com with a forecast regarding the number of minutes expected
to be terminated or originated in various LATAs and/or Tandems, so as to enable
WorldCom to configure optimum network arrangements. In the event Customer's
Switched Service traffic volumes result in a lower than industry standard
completion rate or otherwise adversely affect the WorldCom Network, WorldCom
reserves the right to block the source of such adverse traffic at any time.
Customer will provide WorldCom with additional forecasts from time to time upon
World Com's request which shall not be more frequent than once every three (3)
months.
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CONFIDENTIAL
4. START OF SERVICE: Start of Service for the various Switched Services will
occur as described below:
----------------------------------------------------------------------------------
SERVICE START OF SERVICE
----------------------------------------------------------------------------------
TERMINATION Service Concurrently with the activation of
each circuit comprising Carrier
Service Interconnections relevant to
TERMINATION Service
----------------------------------------------------------------------------------
TOLL FREE ORIGINATION Service Concurrently with the activation of
each circuit comprising Carrier
Service Interconnections relevant to
TOLL FREE ORIGINATION Service
----------------------------------------------------------------------------------
SWITCHED ACCESS Service ANI by ANI basis concurrently with the
activation of each ANI to be served,
and a TOLL FREE Number by TOLL FREE
Number basis concurrently with
activation of each TOLL FREE Number
----------------------------------------------------------------------------------
DEDICATED ACCESS Service Concurrently with the activation of
each circuit comprising Dedicated
Service Interconnections
----------------------------------------------------------------------------------
TRAVEL CARD Service Code by Code basis concurrently with
the activation of each Code
----------------------------------------------------------------------------------
5. LIMITATION OF ORIGINATION OR TERMINATION LOCATIONS
-------------------------------------------------------------------------------------------------------
SWITCHED SERVICE ORIGINATION FROM TERMINATION TO
-------------------------------------------------------------------------------------------------------
TERMINATION service Any Worldcom POP Any direct dialable
location worldwide
-------------------------------------------------------------------------------------------------------
TOLL FREE ORIGINATION Service Locations in the 48 contiguous Any customer
United States, Hawaii, Alaska, the designated carrier
US Virgin Islands, Puerto Rico and Service Interconnection
Canada
-------------------------------------------------------------------------------------------------------
SWITCHED ACCESS (1+) Service All equal access exchanges in the 48 Any direct dialable
contiguous United States (except in location worldwide
LATA 000-Xxxxxxx Xxxxxx, Xxx Xxxx)
and Hawaii
-------------------------------------------------------------------------------------------------------
SWITCHED ACCESS (Toll Free) Service Locations in the 48 contiguous United Locations in the 48
States, Hawaii, Alaska, the US contiguous United
Virgin Islands, Puerto Rico States and Hawaii
-------------------------------------------------------------------------------------------------------
DEDICATED ACCESS (1+) Service Locations in the 48 contiguous Any direct dialable
United States location worldwide
-------------------------------------------------------------------------------------------------------
DEDICATED ACCESS (Toll Free) Service Locations in the 48 contiguous United Any Customer designated
States, Hawaii, Alaska, the US Dedicated Service
Virgin Islands, Puerto Rico Interconnection
-------------------------------------------------------------------------------------------------------
BASIC TRAVEL CARD Service Locations in the 48 contiguous United Locations in the 00
Xxxxxx xxxxxxxxxx Xxxxxx Xxxxxx,
Hawaii, Alaska, the US
Virgin Islands, Puerto
Rico and Canada
-------------------------------------------------------------------------------------------------------
BASIC TRAVEL CARD Services Locations in Hawaii, Alaska, the Locations in the 48
US Virgin Islands, Puerto Rico and contiguous United
Canada States
-------------------------------------------------------------------------------------------------------
BASIC TRAVEL CARD Service Select International locations. Locations in the 48
contiguous United States
-------------------------------------------------------------------------------------------------------
TRAVEL CARD Service - Enhanced SEE Schedule 6 to the applicable Rate SEE Schedule 6 to
Features and Discount Schedule. the applicable Rate
and Discount Schedule.
-------------------------------------------------------------------------------------------------------
6. BILLING INCREMENTS:
(A) Classic Service - (i) all calls (excluding California IntraLATA and
California intrastate calls and calls to International Locations,
Canada and Mexico) will be billed in six (6) second increments and
subject to a six (6) second minimum charge, (ii) California
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CONFIDENTIAL
IntraLATA and California intrastate calls will be billed in six (6)
second increments and subject to an eighteen (18) second minimum, and
(ii) calls to International Locations, Canada and Mexico will be billed
in six (6) second increments and subject to a thirty (30) second
minimum charge.
(B) TRANSCEND-TM- Service - (i) all calls (excluding calls to
International Locations, Canada and Mexico and calls from Canada) will
be billed in six (6) second increments and subject to a six (6) second
minimum charge, and (iii) calls to International Locations, Canada and
Mexico and calls from Canada will be billed in six (6) second
increments and subject to a thirty (30) second minimum charge.
(C) All calls will be billed (i) utilizing Hardware Answer Supervision
where available, and with respect to TOLL FREE Services, commencing
with Customer's switch wink or answer back. If Customer is found to be
non-compliant in passing back appropriate answer supervision, i.e.,
answer back, WorldCom reserves the right to suspend TOLL FREE Service
or deny requests by Customer for additional Service until appropriate
compliance is established.
7. CDR MEDIA: WorldCom will provide Call Detail Records (CDRs) for
WorldCom's Switched Services in machine readable form in one of several
magnetic tape formats (selected by Customer on Customer's Service Request)
("CDR MEDIA"). CDR Media provided under this Section (i) monthly is provided
at no charge, (ii) weekly is subject to a recurring monthly charge of $150,
and (iii) daily is subject to the applicable non-recurring Installation
Charge as described below (plus all leased-line and equipment costs necessary
to implement Daily CDR Media which will be determined on an individual case
basis depending on Customer's specific configuration).
--------------------------------------------------------------------------------------
TYPE Total Contract Non-Recurring
Value Installation
Charge
--------------------------------------------------------------------------------------
Daily CDR Media-Customer < $1,000,000 $1,000
provided hardware and software $ 1,000,000+ $1,000
--------------------------------------------------------------------------------------
Daily CDR Media-PC Solution < $1,000,000 $5,000
$ 1,000,000+ $2,500
--------------------------------------------------------------------------------------
Sub-Daily CDR Media-Customer < $1,000,000 $1,000
provided hardware and software $ 1,000,000+ $1,000
--------------------------------------------------------------------------------------
Sub-Daily CDR Media-PC < $1,000,000 $5,000
Solution $ 1,000,000+ $2,500
--------------------------------------------------------------------------------------
8. TOLL FREE NUMBERS:
(a) TOLL FREE numbers will be issued to Customer (i.e., issuance
equates to activation or reservation, whichever occurs first) on a
random basis. Customer requests for specific numbers will be considered
by WorldCom, and if provided, will be subject to additional charges as
set forth below and WorldCom's then current reservation policy which
shall also apply to any randomly selected and reserved TOLL FREE
number. At any time preceding three (3) months from the scheduled
expiration of the Service Term, Customer may only reserve TOLL FREE
numbers in an amount equal to the greater of (i) 50, or (ii) fifteen
percent (15%) of the total number of TOLL FREE numbers activated by
WorldCom for Customer. Customer requests for TOLL FREE numbers
inconsistent with the above stated conditions may be considered by
World Com on an individual case basis. TOLL FREE numbers reserved for
Customer will be activated upon Customer's request,
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however, with respect to TRANSCENDS-TM- Service, WorldCom may charge
Customer an SMS Storage fee for each TOLL FREE number.
(b) Customer Request for Specific Numbers - $25 per individual TOLL
FREE number.
(c) Customer specifically agrees that regardless of the method in
which a TOLL FREE number is reserved for or otherwise assigned to
Customer, that Customer will not seek any remedy from WorldCom under
a theory of detrimental reliance or otherwise that such TOLL FREE
number(s) are found not to be available for Customer's use until such
TOLL FREE number is put in service for the benefit of Customer, and
that such TOLL FREE number(s) shall not be sold, bartered, brokered or
otherwise released by Customer for a fee (TOLL FREE Number
Trafficking"). Any attempt by Customer to engage in TOLL FREE Number
Trafficking shall be grounds for reclamation by WorldCom for
reassignment of the TOLL FREE number(s) reserved for or assigned to
Customer.
9. ENHANCED TOLL FREE SERVICES: The following TOLL FREE identification
services and routing options (collectively, "ENHANCED TOLL FREE SERVICES")
are available from WorldCom:
IDENTIFICATION SERVICES:
i. Dialed Number Identification Service - identification of
specific TOLL FREE number dialed.
ii. Real-Time ANI - receipt of telephone number of calling
party.
TOLL FREE ROUTING OPTIONS:
i. Message Referral - recording (up to six (6) months) that
informs callers that the TOLL FREE number has been
disconnected or refers callers to new number.
ii. Call Area Selection - selection or blockage of
locations from which TOLL FREE numbers can be received
(i.e., State, NPA, LATA or NXX level).
iii. Call Distributor Routing - distribution of TOLL FREE traffic
evenly over dedicated access lines in a trunk group (e.g.,
ascending, descending, most idle, least idle).
iv. Route Completion (Overflow) - overflow of TOLL FREE
dedicated access traffic only to up to five (5) pre- defined
alternate routing groups (e.g., dedicated access, WATs
access lines or switched access lines).
v. Geographic Routing - termination of calls to a single TOLL
FREE number from two or more originating routing groups to
different locations.
vi. Time-of-Day Routing - routing of calls to single TOLL FREE
number based on time of day (up to forty-eight (48) time
slots of 15-minute increments in a 24-hour period).
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vii. Day-of-Week Routing - routing of calls to single TOLL FREE
number based on each day of the week.
viii. Day-of-Year Routing - routing of calls to single TOLL FREE
number based on up to fifteen (15) customer- specified
holidays.
ix. Percent Allocation Routing - routing of calls for each
originating routing group to two (2) or more terminating
locations based on customer-specified percentage.
Customer will receive the Identification Services described above at no
charge. The minutes of use rates for TOLL FREE Routing Options
described above (in addition to the TOLL FREE Routing Option Feature
Charges described below) will be the same rates for SWITCHED ACCESS
Service (TOLL FREE) and DEDICATED ACCESS Service (TOLL FREE), whichever
is applicable, as described in the applicable Rate -band Discount
Schedule excluding Route Completion (Overflow). If Customer selects
Route Completion (Overflow) and Customer's traffic overflows from
DEDICATED ACCESS Service (TOLL FREE) to SWITCHED ACCESS Service (TOLL
FREE), Customer's minute of use rate will be the rate associated with
SWITCHED ACCESS Service (TOLL FREE). The TOLL FREE Routing Option
Feature Charges are as follows:
INSTALLATION CHARGE: $50.00 PER feature; maximum of $250.00
per TOLL FREE number.
CHANGE ORDER CHARGE: $50.00 PER feature; maximum of $250.00
per TOLL FREE number.
MONTHLY RECURRING CHARGE: $25.00 PER feature; maximum of
$150.00 per TOLL FREE number.
EXPEDITE CHARGE: $500.00 (i.e., outside normal interval time
of four (4) business days).
Note: More than ten (10) points of termination for a single feature
will be treated as two (2) features. Further, every additional ten (10)
points of termination will be treated as a separate feature.
10. RESPORG SERVICES: Responsible Organization Services (relevant to
TOLL FREE Numbers) if provided by WorldCom will be provided by WorldCom
pursuant to WorldCom's F.C.C. Tariff No. 5.
11. AUTHORIZATION CODES FOR TRAVEL CARD SERVICE: WorldCom will supply
Customer with authorization codes ("Codes") containing nine (9) or fourteen
(14) digits for use with a corresponding TOLL FREE Service number for
origination and termination of TRAVEL CARD Service calls. The Codes may be
obtained by Customer in blocks of ten (10) not to exceed a total of 1000
Codes at any one time. WorldCom reserves the right to deny access to any Code
at any time.
12. INBOUND PORTION OF TRAVEL CARD SERVICE CALL: The inbound service
portion of a TRAVEL CARD Service call (i.e., the TOLL FREE Service) must be
provided by WorldCom.
13. ACCOUNTING CODES: For every billed telephone number (BTN) requested
by Customer, whether verified or non-verified, Customer shall pay a monthly
recurring charge of $15.
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14. PAY PHONE SURCHARGE: In the event WorldCom is required to compensate
payphone service providers (PSPs) for tollfree or access code calls which
originate from payphones (including without limitation, any Order adopted by the
FCC) ("PAYPHONE SURCHARGE"), WorldCom will charge and Customer agrees to pay
WorldCom the amount of the Payphone Surcharge which is required to be paid by
WorldCom.
15. RBOC TERMINATION/ORIGINATION: With respect to Classic Switched
Services, following Start of Service for TERMINATION SERVICE, TOLL FREE
ORIGINATION Service and/or DEDICATED ACCESS Service, Customer will maintain
at least 80% of the minutes of traffic (during any calendar month or pro rata
portion thereof) with respect to each of the above-mentioned ServiCes for
termination or origination in a Tandem owned and operated by a Regional Xxxx
Operating Company ("RBOC TERMINATIONS/ORIGINATIONS") and subject to such
RBOC's tariffed access charges. WorldCom shall have the right to apply a
$0.020 per minute surcharge to the number of minutes by which Non-RBOC
Terminations/Originations exceed 20% of total monthly minutes for each of the
following Services: TERMINATION Service, TOLL FREE ORIGINATION Service and
DEDICATED ACCESS Service.
16. PRESUBSCRIBED INTEREXCHANGE CARRIER CHARGE (PICC): With respect to
Classic Switched Services, WorldCom will charge Customer for any LEC-assessed
presubscribed interexchange carrier charge ("PICC CHARGE") which PICC Charge
will be reasonably determined by WorldCom as of a date certain each month
(the"PICC CHARGE DETERMINATION DATE") but only if WorldCom is directly billed
by the LEC for such PICC Charge. Customer's PICC Charge will be determined as
of the PICC Charge Determination Date and will be based on the same criteria
for which WorldCom is assessed such charge by the LEC (e.g., number and type
of Customer's End Users (i.e., residential or business) as well as the type
of line associated with each such End User (i.e., single line, secondary line
or multi-line). This Section 16 will be deemed to include any other similar
additional charges assessed by a LEC after the date of this Agreement. (i.e.,
charges for which WorldCom is not currently being assessed).
IN WITNESS WHEREOF, Customer has initialed this CLASSIC/TRANSCENDTM
SWITCHED SERVICES Amended and Restated Service Schedule on the date first
written above.
LOGIX COMMUNICATIONS CORPORATION
Customer's Initials [ILLEGIBLE]
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