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49. BRANDING
GENERAL TERMS AND CONDITIONS /SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 48 OF 52
082505
quality to that experienced by a similarly-situated SBC TEXAS customer; and (iii) the CLEC
Customer may retain its local telephone number in accordance with the Attachment 14: LRN-PNP.
49.1 Specific provisions concerning the branding of services provided to CLEC by SBC TEXAS under
this Agreement are contained in the following Attachments to this Agreement: Attachment
1:Resale; Attachment 22: Directory Assistance; and Attachment 23: Operator Services.
50.# CUSTOMER INQUIRIES
50.1 Each Party will use its best efforts to ensure that all of its representatives who receive inquiries
regarding the other Party’s services: (i) refer repair inquiries to the other Party at a telephone
number provided by that Party; (ii) for other inquiries about the other Party’s services or products,
refer callers to telephone number(s) provided by that Party; and (iii) do not in any way disparage or
discriminate against the other Party or its products or services.
51.# DISCLAIMER OF WARRANTIES
51.1 EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
INTERCONNECTION, RESALE SERVICES, NETWORK ELEMENTS, FUNCTIONS, FACILITIES,
PRODUCTS AND SERVICES IT PROVIDES UNDER OR IS CONTEMPLATED TO PROVIDE
UNDER THIS AGREEMENT AND EACH PARTY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND/OR OF FITNESS FOR A PARTICULAR PURPOSE.
52. NO WAIVER
52.1 Except as otherwise provided in this Agreement, no amendment or waiver of any provision of this
Agreement and no consent to any default under this Agreement will be effective unless the same is
in writing and duly executed on behalf of the Party against whom the waiver or consent is claimed.
Waiver by either Party of any default by the other Party shall not be deemed a waiver of any other
default. In addition, no course of dealing or failure of a Party strictly to enforce any term, right or
condition of this Agreement will be construed as a waiver of such term, right, or condition. By
entering into this Agreement neither Party waives any rights granted to them pursuant to the Act.
53. DEFINITIONS
53.1 Unless the context clearly indicates otherwise, any term defined or used in the singular will include
the plural. The words "will" and "shall" are used interchangeably throughout this Agreement and
the use of either connotes a mandatory requirement. The use of one or the other will not mean a
different degree of right or obligation for either Party. A defined word intended to convey its special
meaning is capitalized when used. Other terms that are capitalized and not defined in this
Agreement will have the meaning in the Act.
54. RESALE
54.1 At the request of CLEC, and pursuant to the requirements of the Act, any telecommunications
service that SBC TEXAS currently provides or hereafter offers to any customer in the geographic
area where SBC TEXAS is the incumbent LEC will be made available to CLEC by SBC TEXAS for