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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
any rights or obligations hereunder, to its Affiliate if that Affiliate is a party to a separate
agreement with AT&T-13STATE under Sections 251 and 252 of the Act. Any attempted
assignment or transfer that is not permitted is void ab initio.
22.2
Corporate Name Change and/or change in “d/b/a” only
22.2.1 When only the WSP name and/or form of entity (e.g., a corporation to a limited liability
corporation) is changing, and which does not include a change to a WSP OCN/ACNA,
constitutes a WSP Name Change. For a WSP Name Change, WSP will incur a record order
charge for each WSP CABS BAN.
22.3
Company Code Change
22.3.1 Any assignment or transfer of an Agreement associated with the transfer or acquisition of
“assets” provisioned under that Agreement, where the OCN/ACNA formerly assigned to such
“assets” is changing constitutes a WSP Company Code Change. For the purposes of Section
22.3.1, “assets” means any Interconnection, Lawful Unbundled Network Element, function,
facility, product or service provided under that Agreement. WSP shall provide AT&T-13STATE
with ninety (90) calendar days advance written notice of any assignment associated with a WSP
Company Code Change and obtain AT&T-13STATE’s consent. AT&T-13STATE shall not
unreasonably withhold consent to a WSP Company Code Change; provided, however, AT&T-
13STATE’s consent to any WSP Company Code Change is contingent upon cure of any
outstanding charges owed under this Agreement and any outstanding charges associated with
the “assets” subject to the WSP Company Code Change. In addition, WSP acknowledges that
WSP may be required to tender additional assurance of payment if requested under the terms of
this Agreement.
22.3.2 For any WSP Company Code Change, WSP must submit a service order changing the
OCN/ACNA for each end user record and/or a service order for each circuit ID number, as
applicable. WSP shall pay the appropriate charges for each service order submitted to
accomplish a WSP Company Code Change. In addition, WSP shall pay any and all charges
required for re-stenciling, re-engineering, changing locks and any other work necessary with
respect to Collocation, as determined on an individual case basis.
23.
SUBCONTRACTING
23.1 If either Party retains or engages any subcontractor to perform any of that Party’s obligations under this
Agreement, each Party will remain fully responsible for the performance of this Agreement in
accordance with its terms, including any obligations either Party performs through subcontractors.
2 3.2 Each Party will be solely responsible for payments due to that Party's subcontractors.
23.3
No subcontractor will be deemed a Third Party beneficiary for any purposes under this Agreement.
23.4 No contract, subcontract or other agreement entered into by either Party with any Third Party in
connection with the provision of Interconnection, Network Elements, functions, facilities, products and
services hereunder will provide for any indemnity, guarantee or assumption of liability by the other Party
to this Agreement with respect to such arrangement, except as consented to in writing by the other
Party.
23.5 Any subcontractor that gains access to CPNI or Proprietary Information covered by this Agreement
shall be required by the subcontracting Party to protect such CPNI or Proprietary Information to the
same extent the subcontracting Party is required to protect such CPNI or Proprietary Information under
the terms of this Agreement.
24. RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION
24.1 Each Party shall be solely responsible at its own expense for the proper handling, use, removal,
excavation, storage, treatment, transport, disposal, or any other management by such Party or any