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

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Agreement<br />

Page 36<br />

invalidate the entire Agreement, unless such construction would be<br />

unreasonable. The Agreement shall be construed as if it did not contain the<br />

invalid or unenforceable provision or provisions, and the rights and obligations<br />

of each Party shall be construed and enforced accordingly; provided, however,<br />

that in the event such invalid or unenforceable provision or provisions are<br />

essential elements of this Agreement and substantially impair the rights or<br />

obligations of either Party, the Parties shall promptly negotiate a replacement<br />

provision or provisions.<br />

24.10 Entire Agreement<br />

24.10.1 This Agreement, which shall include the Attachments, Appendices and other<br />

documents referenced herein, constitutes the entire Agreement between the<br />

Parties concerning the subject matter hereof and supersedes any prior<br />

agreements, representations, statements, negotiations, understandings,<br />

proposals or undertakings, oral or written, with respect to the subject matter<br />

expressly set forth herein.<br />

24.11 Survival of Obligations<br />

24.11.1 Any liabilities or obligations of a Party for acts or omissions prior to the<br />

cancellation or termination of this Agreement, any obligation of a Party<br />

under the provisions regarding indemnification, Confidential Information,<br />

limitations on liability, and any other provisions of this Agreement which, by<br />

their terms, are contemplated to survive (or to be performed after)<br />

termination of this Agreement, shall survive cancellation or termination<br />

thereof.<br />

24.12 Executed in Counterparts<br />

24.12.1 This Agreement may be executed in any number of counterparts, each of<br />

which shall be deemed an original, but such counterparts shall together<br />

constitute one and the same instrument.<br />

24.13 Headings of No Force or Effect<br />

24.13.1 The headings of Articles and Sections of this Agreement are for convenience<br />

of reference only, and shall in no way define, modify or restrict the meaning<br />

or interpretation of the terms or provisions of this Agreement.<br />

24.14 Notice of Network Changes<br />

24.14.1 Bell<strong>South</strong> shall comply with the requirements of 47 C.F.R. § 51.325, et seq.,<br />

regarding notice to <strong>TC</strong> SYSTEMS of any network change that will affect <strong>TC</strong><br />

SYSTEMS’s performance or ability to provide service or that will affect<br />

Bell<strong>South</strong>’s interoperability with <strong>TC</strong> SYSTEMS. This section shall be<br />

CCCS 38 of 433

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