AT&T Wholesale Agreement - AT&T Clec Online
AT&T Wholesale Agreement - AT&T Clec Online
AT&T Wholesale Agreement - AT&T Clec Online
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General Terms and Conditions/AT&T LOUISIANA<br />
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Cricket Communications, Inc.<br />
Version: 2Q09 – Two-Way CMRS ICA - Wireless – 05/05/09<br />
33.11 WSP will provide supervisory tones or voice announcements to the calling party on all calls, consistent with standard<br />
telephone industry practices.<br />
33.12 Nothing in this <strong>Agreement</strong> shall limit either Party’s ability to upgrade its network through the incorporation of new<br />
equipment, new software or otherwise. Each Party agrees to comply with the Network Disclosure rules adopted by<br />
the FCC in CC Docket No. 96-98, Second Report and Order, codified at 47 C.F.R. 51.325 through 51.335, as such<br />
rules may be amended from time to time (the “Network Disclosure Rules”).<br />
33.13 WSP agrees to pay AT&T LOUISIANA for Time and Materials in all instances where WSP submits a trouble report<br />
and AT&T LOUISIANA, through investigation and testing, determines that the trouble is outside of the AT&T<br />
LOUISIANA network. WSP will be billed Time and Material Rate from the appropriate tariff.<br />
34.0 Transmission of Traffic to Third Parties<br />
34.1 The Parties agree that the terms and conditions for the transmission of Third Party Transit Traffic shall be part of a<br />
Commercial Transit <strong>Agreement</strong>. Cricket reserves its rights to modify this Section 34.1 consistent with the state<br />
Commission’s findings in a final and effective order in Docket No. U-31350 (“Commission Order”) in accordance with<br />
Sections 39.2 and 39.3 below. Notwithstanding the fact that such a Commission Order may not constitute<br />
Intervening Law as set forth in Section 21 of the General Terms and Conditions of this <strong>Agreement</strong>, the Parties will<br />
implement any such modification via an amendment to this <strong>Agreement</strong> pursuant to the timelines and procedures set<br />
forth therein. Both Parties reserve their rights to modify this language pursuant to any appeals resulting from Docket<br />
No. U-31350.<br />
35.0 Expenses<br />
35.1 Except as expressly set forth in this <strong>Agreement</strong>, each Party will be solely responsible for its own expenses involved in<br />
all activities related to the matters covered by this <strong>Agreement</strong>.<br />
35.2 AT&T LOUISIANA and WSP shall each be responsible for one-half (1/2) of expenses payable to a Third Party for<br />
Commission fees or other charges (including regulatory fees, reproduction and delivery expense and any costs of<br />
notice or publication, but not including attorney’s fees) associated with the filing of this <strong>Agreement</strong> or any amendment<br />
to this <strong>Agreement</strong>.<br />
36.0 Conflict of Interest<br />
36.1 The Parties represent that no employee or agent of either Party has been or will be employed, retained, paid a fee, or<br />
otherwise received or will receive any personal compensation or consideration from the other Party, or any of the<br />
other Party’s employees or agents in connection with the negotiation of this <strong>Agreement</strong> or any associated<br />
documents.<br />
37.0 Survival<br />
37.1 The Parties’ obligations under this <strong>Agreement</strong> which by their nature are intended to continue beyond the termination<br />
or expiration of this <strong>Agreement</strong> shall survive the termination or expiration of this <strong>Agreement</strong>. Without limiting the<br />
general applicability of the foregoing, the following terms and conditions of the General Terms and Conditions are<br />
specifically agreed by the Parties to continue beyond the termination or expiration of this <strong>Agreement</strong>: Section 8.4<br />
above on Termination; Section 9.6 above for Cash Deposits, Section 9.7 above on Deposit Interest, Section 9.8<br />
above on Drawing on Cash Deposits; Section10.10 for Escrow requirements, Sections 10.1 above thru Section 10.6<br />
above on Billing & Payment of Charges; Section 11.0 above on Nonpayment and Procedures for Disconnection;<br />
Section 13.0 above on Audits; Section 14.0 above on Disclaimer of Representations and Warranties; Section 16.0<br />
above on Indemnity; Section 17.0 above on Intellectual Property/License; Section 18.0 above on Notices; Section<br />
19.0 above on Publicity and Use of Trademarks or Service Marks; Section; 20.0 above on Confidentiality; Section<br />
22.0 above on Governing Law; Section 24.0 above on Compliance and Certification; Section 31.0 above on Taxes;<br />
Section 32.0 above on Non Waivers and Section 39.0 below Amendments and Modifications.<br />
38.0 Scope of <strong>Agreement</strong><br />
38.1 This <strong>Agreement</strong> is intended to describe and enable specific Interconnection and compensation arrangements<br />
between the Parties. This <strong>Agreement</strong> is the arrangement under which the Parties may purchase from each other<br />
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