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

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Version 2Q03: 07/21/03<br />

Attachment 10<br />

Page 6<br />

SYSTEMS at any time during the processing of the NBR. Bell<strong>South</strong> shall<br />

respond to <strong>TC</strong> SYSTEMS by providing a preliminary analysis of such<br />

Requested Services that are the subject of the NBR within thirty (30)<br />

calendar days of its receipt of the request or receipt of fee as set forth in<br />

3.3 above, or notify <strong>TC</strong> SYSTEMS that it needs more time to provide <strong>TC</strong><br />

SYSTEMS with its preliminary analysis. Should Bell<strong>South</strong> require more<br />

time to deliver the preliminary analysis, <strong>TC</strong> SYSTEMS and Bell<strong>South</strong> will<br />

then determine a mutually agreeable date for delivery of the preliminary<br />

analysis. The preliminary analysis shall either confirm that Bell<strong>South</strong> will<br />

offer access to the Requested Services or confirm that Bell<strong>South</strong> will not<br />

offer the Requested Services. If the preliminary analysis states that<br />

Bell<strong>South</strong> will not offer the Requested Services, Bell<strong>South</strong> will provide an<br />

explanation of why the request is not technically feasible, does not qualify<br />

as a NBR for the Requested Services or is otherwise not required to be<br />

provided under the Act.<br />

3.5 <strong>TC</strong> SYSTEMS may cancel an NBR at any time. If <strong>TC</strong> SYSTEMS cancels<br />

the request more than ten (10) business days after submitting it, <strong>TC</strong><br />

SYSTEMS shall pay Bell<strong>South</strong>’s reasonable and demonstrable costs of<br />

processing and/or implementing the NBR up to the date of cancellation.<br />

3.6 <strong>TC</strong> SYSTEMS will have thirty (30) business days from receipt of<br />

preliminary analysis to accept the preliminary analysis or cancel the NBR<br />

as set forth in section 3.4. If <strong>TC</strong> SYSTEMS fails to respond within this 30day<br />

period, the NBR will be deemed cancelled and Bell<strong>South</strong> will use best<br />

efforts to notify <strong>TC</strong> SYSTEMS that the order is pending cancellation.<br />

Acceptance of the preliminary analysis must be in writing and<br />

accompanied by all nonrecurring charges quoted in the preliminary<br />

analysis. The nonrecurring charges as stated in the preliminary analysis<br />

cover the initial work required to develop the project plan, create the design<br />

parameters, and establish all activities and resources required to complete<br />

the NBR. <strong>TC</strong> SYSTEMS will begin processing the payment of<br />

development costs at the time it issues the written "notice to proceed" with<br />

payment due to Bell<strong>South</strong> within 15 days of the issuance of the notice to<br />

proceed.<br />

3.7 If <strong>TC</strong> SYSTEMS accepts the preliminary analysis, Bell<strong>South</strong> shall propose<br />

a firm price quote and a detailed implementation plan within thirty (30)<br />

business days of receipt of <strong>TC</strong> SYSTEMS’s acceptance of the preliminary<br />

analysis and nonrecurring fees quoted in the preliminary analysis.<br />

3.8 <strong>TC</strong> SYSTEMS shall have thirty (30) business days from receipt of the<br />

firm price quote to accept or deny the firm price quote and submit any<br />

additional nonrecurring, non-refundable fees quoted in the firm price<br />

quote.<br />

CCCS 395 of 433

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