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AMENDMENT–ROUTINE NETWORK MODIFICATIONS/SOUTHWESTERN BELL TELEPHONE COMPANY<br />

PAGE 2 OF 3<br />

AT&T TEXAS/BROADVIEW NETWORKS, INC.<br />

073107<br />

3. Counterparts. This Amendment may be executed in one or more counterparts, each of which when so executed<br />

and delivered shall be an original and all of which together shall constitute one and the same instrument.<br />

4. Captions. The Parties acknowledge that the captions in this Amendment have been inserted solely for<br />

convenience of reference and in no way define or limit the scope or substance of any term or provision of this<br />

Amendment.<br />

5. Scope of Amendment. This Amendment shall amend, modify and revise the Agreement only to the extent set<br />

forth expressly in Section 1 of this Amendment. Nothing in this Amendment shall be deemed to amend or<br />

extend the term of the Agreement, or to affect the right of a Party to exercise any right of termination it may have<br />

under the Agreement. Nothing in this Amendment shall affect the general application and effectiveness of the<br />

Agreement’s “change of law,” “intervening law”, “successor rates” and/or any similarly purposed provisions. The<br />

rights and obligations set forth in this Amendment apply in addition to any other rights and obligations that may<br />

be created by such intervening law, change in law or other substantively similar provision.<br />

6. This Amendment may require that certain sections of the Agreement shall be replaced and/or modified by the<br />

provisions set forth in this Amendment. The Parties agree that such replacement and/or modification shall be<br />

accomplished without the necessity of physically removing and replacing or modifying such language throughout<br />

the Agreement.<br />

7. This Amendment shall not modify or extend the Effective Date or Term of the underlying Agreement, but rather,<br />

shall be coterminous with such Agreement.<br />

8. EXCEPT AS MODIFIED HEREIN, ALL OTHER TERMS AND CONDITIONS OF THE UNDERLYING<br />

AGREEMENT SHALL REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.<br />

9. The Parties acknowledge and agree that this Amendment shall be filed with, and is subject to approval by the<br />

Commission and shall become effective upon filing (the “Amendment Effective Date”).<br />

10. Reservation of Rights. Nothing contained in this Amendment shall limit either Party’s right to appeal, seek<br />

reconsideration of or otherwise seek to have stayed, modified, reversed or invalidated any order, rule, regulation,<br />

decision, ordinance or statute issued by the Commission, the FCC, any court or any other governmental<br />

authority related to, concerning or that may affect either Party’s obligations under the Agreement, this<br />

Amendment, any AT&T tariff, or Applicable Law.

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