AT&T Wholesale Agreement - AT&T Clec Online

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Page 36 of 94 18.2.2 the next Business Day when sent via express delivery service, General Terms and Conditions/AT&T LOUISIANA Page 35 of 46 Cricket Communications, Inc. Version: 2Q09 – Two-Way CMRS ICA - Wireless – 05/05/09 18.2.3 five (5) calendar days after mailing in the case of first class or certified U.S. Postal Service, or 18.2.4 on the date set forth on the confirmation produced by the sending facsimile machine when delivered by facsimile prior to 5:00 p.m. in the recipient’s time zone, but the next Business Day when delivered by facsimile at 5:00 p.m. or later in the recipient’s time zone. 18.3 Notices will be addressed to the Parties as follows: NOTICE CONTACT WSP CONTACT NAME/TITLE Dan Graf, Director Interconnection STREET ADDRESS 5887 Copley Drive CITY, STATE, ZIP CODE San Diego, CA 92111 FACSIMILE NUMBER (858) 882-6280 PHONE NUMBER* (858) 882-9193 With a Copy to: Suzanne Toller& K.C. Halm NAME/TITLE Davis Wright Tremaine LLP STREET ADDRESS 1919 Pennsylvania Ave., NW Suite 200 CITY, STATE, ZIP CODE Washington, D.C. 20006 FACSIMILE NUMBER 202-973-4499 PHONE NUMBER* 202-973-4200 AT&T CONTACT NAME/TITLE Contract Management ATTN: Notices Manager STREET ADDRESS 311 S. Akard, 9 th Floor Four AT&T Plaza CITY, STATE, ZIP CODE Dallas, TX 75202-5398 FACSIMILE NUMBER 214-464-2006 *Informational only and not to be considered as an official notice vehicle under this Section. 18.4 Either Party may unilaterally change its designated contact name, address, and/or facsimile number for the receipt of notices by giving written notice to the other Party in compliance with Section 18.0 above. Any notice to change the designated contact name, address, and/or facsimile number for the receipt of notices shall be deemed effective ten (10) calendar days following receipt by the other Party. 18.5 AT&T LOUISIANA communicates official information to CMRS Provider’s via its Accessible Letter notification process. This process involves electronic transmission and posting to the AT&T Prime Access website a variety of subjects, including changes on business processes and policies. Also, significant updates on products/services (which may include deployment of new products/services; modifications and price changes to existing products/services; cancellation or retirement of existing products/services) and operational issues, are conveyed through Accessible Letter notification. 18.6 In the AT&T LOUISIANA, Accessible Letter notification will be via electronic mail (e-mail) distribution and will be deemed given as of the date set forth on the e-mail message. 18.7 WSP may designate up to a maximum of ten (10) recipients for Accessible Letter notification via e-mail. 19.0 Publicity and Use of Trademarks or Service Marks 19.1 Neither Party nor its subcontractors or agents shall use in any advertising or sales promotion, press releases, or other publicity matters any endorsements, direct or indirect quotes, or pictures that imply endorsement by the other Party or any of its employees without such first Party’s prior written approval. The Parties will submit to each other for written approval, prior to publication, all publicity matters that mention or display one another’s name and/or marks Page 36 of 105
Page 37 of 94 General Terms and Conditions/AT&T LOUISIANA Page 36 of 46 Cricket Communications, Inc. Version: 2Q09 – Two-Way CMRS ICA - Wireless – 05/05/09 or contain language from which a connection to said name and/or marks may be inferred or implied; the Party to whom a request is directed shall respond promptly. 19.2 Nothing in this Agreement shall grant, suggest, or imply any authority for one Party to use the name, trademarks, service marks, logos, proprietary trade dress or trade names of the other Party in any advertising, press releases, publicity matters, marketing and/or promotional materials or for any other commercial purpose without prior written approval from such other Party. 20.0 Confidentiality 20.1 Both Parties agree to treat Proprietary Information received from the other in accordance with the provisions of Section 222 of the Act. 20.2 Unless otherwise agreed, the obligations of confidentiality and non-use do not apply to such proprietary information that: 20.2.1 Was at the time of receipt, already known to the receiving Party, free of any obligation to keep confidential and evidenced by written records prepared prior to delivery by the disclosing Party; or 20.2.2 Is, or becomes publicly known through no wrongful act of the receiving Party; or 20.2.3 Is rightfully received from a Third Party having no direct or indirect secrecy or confidentiality obligation to the disclosing Party with respect to such information; provided that such receiving Party has exercised commercially reasonable efforts to determine whether such Third Party has any such obligation; or 20.2.4 Is independently developed by an agent, employee representative or Affiliate of the receiving Party and such Party is not involved in any manner with the provision of services pursuant to this Agreement and does not have any direct or indirect access to the proprietary information; or 20.2.5 Is disclosed to a Third Party by the disclosing Party without similar restrictions on such Third Party's rights; or 20.2.6 Is approved for release by written authorization of the disclosing Party, but only to the extent of the authorization granted; or 20.2.7 Is required to be made public or disclosed by the receiving Party pursuant to Applicable Law or regulation or court order or lawful process. 21.0 Intervening Law 21.1 This Agreement is the result of negotiations between the Parties and may incorporate certain provisions that resulted from arbitration by the appropriate state Commission(s). In entering into this Agreement and any Amendments to such Agreement and carrying out the provisions herein, neither Party waives, but instead expressly reserves, all of its rights, remedies and arguments with respect to any orders, decisions, legislation or proceedings and any remands thereof and any other federal or state regulatory, legislative or judicial action(s) which the Parties have not yet fully incorporated into this Agreement or which may be the subject of further review. If any action by any state or federal regulatory or legislative body or court of competent jurisdiction invalidates, modifies, or stays the enforcement of laws or regulations that were the basis or rationale for any rate(s), term(s) and/or condition(s) (“Provisions”) of the Agreement and/or otherwise affects the rights or obligations of either Party that are addressed by this Agreement, the affected Provision(s) shall be immediately renegotiated, invalidated, modified or stayed by the Parties consistent with the action of the regulatory or legislative body or court of competent jurisdiction upon the written request of either Party in accordance with Section 18.0 above. With respect to any written notices hereunder, the Parties shall have sixty (60) days from the written notice to attempt to reach agreement on appropriate conforming modifications to the Agreement. If the Parties are unable to agree upon the conforming modifications within sixty (60) days from the written notice, any disputes between the Parties concerning such actions shall be resolved pursuant to the dispute resolution process provided for in this Agreement. Page 37 of 105
Page 1 and 2: Page 1 of 94 Contract Number: 9745
Page 3 and 4: Page 3 of 94 TABLE OF CONTENTS Gene
Page 5 and 6: Page 5 of 94 General Terms and Cond
Page 7 and 8: Page 7 of 94 General Terms and Cond
Page 9 and 10: Page 9 of 94 2.91 “InterLATA” m
Page 11 and 12: Page 11 of 94 General Terms and Con
Page 15 and 16: Page 15 of 94 3.9 Non-Voluntary Pro
Page 17 and 18: Page 17 of 94 6.1.2 The Parties agr
Page 19 and 20: Page 19 of 94 8.2 Term: General Ter
Page 31 and 32: Page 31 of 94 13.0 Audits General T
Page 35: Page 35 of 94 General Terms and Con
Page 39 and 40: Page 39 of 94 25.1.2 Subpoenas: Gen
Page 41 and 42: Page 41 of 94 30.0 Force Majeure Ge
Page 43 and 44: Page 43 of 94 33.0 Network Maintena
Page 47 and 48: Page 47 of 94 Page 47 of 105
Page 49 and 50: Page 49 of 94 Attachment 02 - Netwo
Page 51 and 52: Page 51 of 94 Page 51 of 105 Attach
Page 63 and 64: Page 63 of 94 4.4 Compensation For
Page 67 and 68: Page 67 of 94 Attachment 03 - Local
Page 69 and 70: Page 69 of 94 Attachment 03 - Local
Page 71 and 72: Page 71 of 94 5.0 Other Attachment
Page 73 and 74: Page 73 of 94 Attachment 04 - Opera
Page 75 and 76: Page 75 of 94 Attachment 04 - Opera
Page 77 and 78: Page 77 of 94 6.0 Provisioning Atta
Page 79 and 80: Page 79 of 94 7.6 General Policies
Page 81 and 82: Page 81 of 94 9.0 Service Bureau Pr
Page 83 and 84: Page 83 of 94 Attachment 05 - 911/E
Page 85 and 86: Page 85 of 94 Attachment 05 - 911/E
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Page 87 of 94 Attachment 05 - 911/E
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Page 89 of 94 Attachment 05 - 911/E
Page 91 and 92:
Page 91 of 94 Pricing Schedule/AT&T
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Page 93 of 94 Page 93 of 105 LOUISI
Page 95 and 96:
Page 1 of 3 Contract Number: 10248
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Page 3 of 3 Page 97 of 105
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Page 2 of 3 AMENDMENT - TERM EXTENS
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Page 1 of 5 Contract Number: 18220
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Page 3 of 5 Amendment - Bill-and-Ke
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PRICING SHEET EXHIBIT A CMRS PROVID
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