Access One Communications, Inc.

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29 Survival Version: 4Q04 Resale Agreement 12/14/04 Resale Agreement General Terms and Conditions Page 18 Commission and shall be binding upon BellSouth and Access One specifically or upon all carriers generally, such as a generic cost proceeding. The Parties’ obligations under this Agreement which by their nature are intended to continue beyond the termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. 30 Entire Agreement 30.1 This Agreement means the General Terms and Conditions, the Attachments identified in Section 30.2 below, and all documents identified therein, as such may be amended from time to time and which are incorporated herein by reference, all of which, when taken together, are intended to constitute one indivisible agreement. This Agreement sets forth the entire understanding and supersedes prior agreements between the Parties relating to the subject matter contained in this Agreement and merges all prior discussions between them. Any orders placed under prior agreements between the Parties shall be governed by the terms of this Agreement and Access One acknowledges and agrees that any and all amounts and obligations owed for services provisioned or orders placed under prior agreements between the Parties, related to the subject matter hereof, shall be due and owing under this Agreement and be governed by the terms and conditions of this Agreement as if such services or orders were provisioned or placed under this Agreement. Neither Party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as is contemporaneously or subsequently set forth in writing and executed by a duly authorized officer or representative of the Party to be bound thereby. 30.2 This Agreement includes Attachments with provisions for the following: Resale Pre-Ordering, Ordering, Provisioning, Maintenance and Repair Billing Performance Measurements BellSouth Disaster Recovery Plan Bona Fide Request/New Business Request Process 30.3 Any reference throughout this Agreement to a tariff, industry guideline, BellSouth’s technical guideline or reference, BellSouth business rule, guide or other such document containing processes or specifications applicable to the services provided pursuant to this agreement, shall be construed to refer to only those provisions thereof that are applicable to these services, and shall include any successor or replacement versions thereof, all as they are amended from time to time and all of which are incorporated herein by reference. References to state CCCS 22 of 85
Version: 4Q04 Resale Agreement 12/14/04 Resale Agreement General Terms and Conditions tariffs throughout this Agreement shall be to the tariff for the state in which the services were provisioned. 31. Additional Fair Competition Requirements Page 19 Both Parties will follow the appropriate federal and state orders and rules regarding winback strategies. Additionally, both Parties agree to use information only as provided under this agreement and specifically within the provisions of Section 222 of the Act. CCCS 23 of 85
Page 1 and 2: BELL BELLSOUTH BELL BELL BELL Acces
Page 3 and 4: General Terms and Conditions Versio
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Page 9 and 10: Resale Agreement General Terms and
Page 19 and 20: 19 Notices Version: 4Q04 Resale Agr
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Page 49 and 50: Resale Discounts & Rates - Florida
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3.2 ENVIRONMENTAL CONCERNS Version:
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Version: 4Q04 Resale Agreement 12/1
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7.0 ACRONYMS CLEC - Competitive Loc
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