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CELLULAR/PCS GENERAL TERMS & CONDITIONS/AT&T-13STATE
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AT&T-13STATE/NEW CINGULAR WIRELESS PCS,LLC
091506
order or request before such data or information is provided and will inform the other Party both by
telephone and certified mail. Notification and consent requirements described above are not applicable
in cases where a court order requires the production of billing and/or usage records of or pertaining to
an individual customer (including without limitation an end user customer).
14.3 This section will not preclude the disclosure by a Party of information or data subject to this Section to
consultants, agents, or attorneys representing that Party, or the Office of the Public Counsel for a State,
or appropriate State Commissions or staffs, or FCC Staff, provided that such representatives are
informed of the confidential nature of the information and/or date prior to disclosure and are bound by
confidentiality requirements that are at least as restrictive as applicable to the Parties to this
Agreement.
14.4 The provisions of this section shall survive the expiration and/or termination of this Agreement, unless
agreed to in writing by the Parties.
15. INTERVENING LAW
15.1 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 invalidated, modified or stayed
consistent with the action of the regulatory or legislative body or court of competent jurisdiction upon the
written request of either Party (“Written Notice”). 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.
16. GOVERNING LAW
16.1 Unless otherwise provided by Applicable Law, this Agreement shall be governed by and construed in
accordance with the Act, the FCC Rules and Regulations interpreting the Act and other applicable
federal law. To the extent that federal law would apply state law in interpreting this Agreement, the
domestic laws of the state in which the Interconnection, Resale Services, Lawful Unbundled Network
Elements, functions, facilities, products and services at issue are furnished or sought shall apply,
without regard to that state's conflict of laws principles. The Parties submit to personal jurisdiction in
Little Rock, Arkansas; San Francisco, California; New Haven, Connecticut; Chicago, Illinois;
Indianapolis, Indiana; Topeka, Kansas; Detroit, Michigan; St. Louis, Missouri; Reno, Nevada;
Columbus, Ohio; Oklahoma City, Oklahoma, Dallas, Texas and Milwaukee, Wisconsin, and waive any
and all objection to any such venue.
17. REGULATORY APPROVAL
17.1 The Parties understand and agree that this Agreement and any amendment or modification hereto will
be filed with the Commission for approval in accordance with Section 252 of the Act and may thereafter
be filed with the FCC. The Parties believe in good faith and agree that the services to be provided
under this Agreement are in the public interest. Each Party covenants and agrees to fully support