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Customer Name: Southern Light, LLC - AT&T Clec Online

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Page 79 of 374<br />

ATT 2 – NETWORK ELEMENTS AND OTHER SERVICES/AT&T-9STATE<br />

PAGE 30 OF 44<br />

<strong>Southern</strong> <strong>Light</strong><br />

1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08<br />

3.5.3.3 PROVIDED, HOWEVER, that AT&T shall have no obligation to indemnify <strong>Southern</strong> <strong>Light</strong> under this<br />

section unless <strong>Southern</strong> <strong>Light</strong> provides AT&T with prompt written notice of any such Claim;<br />

<strong>Southern</strong> <strong>Light</strong> permits AT&T to assume and control the defense to such action, with counsel<br />

chosen by AT&T; and AT&T does not enter into any settlement or compromise of such Claim.<br />

3.5.3.4 PROVIDED, HOWEVER, that all amounts advanced in respect of such Claims, Losses and Costs<br />

shall be repaid to AT&T by <strong>Southern</strong> <strong>Light</strong> if it shall ultimately be determined in a final judgment<br />

without further appeal by a court of appropriate jurisdiction that <strong>Southern</strong> <strong>Light</strong> is not entitled to be<br />

indemnified for such Claims, Losses and Costs because the Claims, Losses and Costs did not<br />

arises as a result of AT&T’s gross negligence or willful misconduct.<br />

3.5.3.5 Definitions:<br />

3.5.3.5.1 “Claim” means any threatened, pending or completed action, suit or proceeding, or any inquiry or<br />

investigation that AT&T or <strong>Southern</strong> <strong>Light</strong> in good faith believes might lead to the institution of any<br />

such action, suit or proceeding.<br />

3.5.3.5.2 “Loss” means any and all damages, injuries, judgments, fines penalties, amounts paid or payable in<br />

settlement, deficiencies, and expenses (including all interest, assessments, and other charges paid<br />

or payable in connection with or respect of such Losses) incurred in connection with the Claim.<br />

3.5.3.5.3 “Costs” means all reasonable attorney’s fees and all other reasonable fees, expenses and<br />

obligations paid or incurred in connection with the Claim or related matters, including without<br />

limitation, investigating, defending, or participating (as a party, witness or otherwise) in (including on<br />

appeal), or preparing to defend or participate in any Claim.<br />

3.6 Line Splitting – Loop and Port for the states of Georgia and North Carolina only<br />

3.6.1 To the extent <strong>Southern</strong> <strong>Light</strong> is using a commingled arrangement that consists of a Loop purchased<br />

pursuant to this Agreement and Local Switching provided by AT&T pursuant to Section 271, AT&T<br />

will permit <strong>Southern</strong> <strong>Light</strong> to utilize Line Splitting. AT&T shall charge the applicable line splitting<br />

rates set forth in Exhibit A of this Agreement.<br />

3.6.2 <strong>Southern</strong> <strong>Light</strong> shall provide AT&T with a signed LOA between it and the third party CLEC (Data<br />

CLEC or Voice CLEC) with which it desires to provision Line Splitting services, where <strong>Southern</strong><br />

<strong>Light</strong> will not provide voice and data services.<br />

3.6.3 Provisioning Line Splitting and Splitter Space – Loop and Port<br />

3.6.3.1 The Data LEC, Voice CLEC, or a third party may provide the splitter. When <strong>Southern</strong> <strong>Light</strong> or its<br />

authorized agent owns the splitter, Line Splitting requires the following: a non-designed analog<br />

Loop from the serving wire center to the NID at the customer’s location; a collocation crossconnection<br />

connecting the Loop to the collocation space; and a second collocation<br />

cross-connection from the collocation space connected to a voice port.<br />

3.6.3.2 An unloaded 2-wire copper Loop must serve the customer. The meet point for the Voice CLEC and<br />

the Data CLEC is the point of termination on the MDF for the Data CLEC’s cable and pairs.<br />

CCCS 79 of 370

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