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TC Systems, Inc. South Carolina - AT&T Clec Online

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Agreement<br />

Page 35<br />

24.5.1 Except as may be specifically set forth in this Agreement, this Agreement does<br />

not provide and shall not be construed to provide third Parties with any<br />

remedy, claim, liability, reimbursement, cause of action, or other privilege.<br />

24.6 Referenced Documents<br />

24.6.1 Whenever any provision of this Agreement refers to a technical reference,<br />

technical publication, <strong>TC</strong> SYSTEMS Practice, Bell<strong>South</strong> Practice, any<br />

publication of telecommunications industry administrative or technical<br />

standards, or any other document specifically incorporated into this<br />

Agreement, it will be deemed to be a reference to the most recent version or<br />

edition (including any amendments, supplements, addenda, or successors) of<br />

such document that is in effect, and will include the most recent version or<br />

edition (including any amendments, supplements, addenda, or successors) of<br />

each document incorporated by reference in such a technical reference,<br />

technical publication, <strong>TC</strong> SYSTEMS Practice, Bell<strong>South</strong> Practice, or<br />

publication of industry standards (unless <strong>TC</strong> SYSTEMS elects otherwise).<br />

Should there be an inconsistency between or among publications or standards,<br />

the Parties shall mutually agree upon which requirement shall apply. If the<br />

Parties cannot reach agreement, the matter shall be handled pursuant to<br />

Section 16 of the General Terms and Conditions of this Agreement.<br />

24.7 Applicable Law<br />

24.7.1 The validity of this Agreement, the construction and enforcement of its terms,<br />

and the interpretation of the rights and duties of the Parties shall be governed<br />

by the laws of the State of Georgia other than as to conflicts of laws, except<br />

insofar as federal law may control any aspect of this Agreement, in which case<br />

federal law shall govern such aspect. The Parties submit to personal<br />

jurisdiction in Atlanta, Georgia, and waive any objections to a Georgia venue.<br />

24.8 Amendments or Waivers<br />

24.8.1 Except as otherwise provided in this Agreement, no amendment or waiver of<br />

any provision of this Agreement, and no consent to any default under this<br />

Agreement, shall be effective unless the same is in writing and signed by an<br />

officer of the Party against whom such amendment, waiver or consent is<br />

claimed. In addition, no course of dealing or failure of a Party strictly to<br />

enforce any term, right or condition of this Agreement shall be construed as a<br />

waiver of such term, right or condition. By entering into this Agreement,<br />

neither Party waives any rights granted to them pursuant to the Act.<br />

24.9 Severability<br />

24.9.1 If any term, condition or provision of this Agreement is held to be invalid or<br />

unenforceable for any reason, such invalidity or unenforceability shall not<br />

CCCS 37 of 433

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