Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA 07/06/05 General Terms and Conditions Page 16 No rule of construction requiring interpretation against the drafting Party hereof shall apply in the interpretation of this Agreement. 21 Headings of No Force or Effect The headings of Articles and Sections of this Agreement are for convenience of reference only, and shall in no way define, modify or restrict the meaning or interpretation of the terms or provisions of this Agreement. 22 Multiple Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall together constitute but one and the same document. 23 Filing of Agreement This Agreement, and any amendments hereto, shall be filed with the appropriate state regulatory agency pursuant to the requirements of Section 252 of the Act, or as otherwise required by the state and the Parties shall share equally in any applicable fees. Notwithstanding the foregoing, this Agreement shall not be submitted for approval by the appropriate state regulatory agency unless and until such time as OTI is duly certified as a local exchange carrier in such state, except as otherwise required by a Commission. 24 Compliance with Law The Parties have negotiated their respective rights and obligations pursuant to substantive Federal and State <strong>Telecommunications</strong> law and this Agreement is intended to memorialize the Parties’ mutual agreement with respect to each Party’s rights and obligations under the Act and applicable FCC and Commission orders, rules and regulations. Nothing contained herein, nor any reference to applicable rules and orders, is intended to expand on the Parties’ rights and obligations as set forth herein. To the extent the provisions of this Agreement differ from the provisions of any Federal or State <strong>Telecommunications</strong> statute, rule or order, this Agreement shall control. Each Party shall comply at its own expense with all other laws of general applicability. 25 Necessary Approvals Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, governmental authorities, building and property owners, other carriers, and any other persons that may be required in connection with the performance of its obligations under this Agreement. Each Party shall reasonably cooperate with the other Party in obtaining and maintaining any required approvals and rights for which such Party is responsible. CCCS 20 of 261
Version: 2Q05 Standard ICA 07/06/05 General Terms and Conditions Page 17 26 Good Faith Performance Each Party shall act in good faith in its performance under this Agreement and, in each case in which a Party’s consent or agreement is required or requested hereunder, such Party shall not unreasonably withhold or delay such consent or agreement. 27. Rates 27.1 OTI shall pay the charges set forth in this Agreement. In the event that BellSouth is unable to bill the applicable rate or no rate is established or included in this Agreement for any services provided pursuant to this Agreement, BellSouth reserves the right to back bill OTI for such rate or for the difference between the rate actually billed and the rate that should have been billed pursuant to this Agreement. To the extent a rate element is omitted or no rate is established, BellSouth has the right not to provision such service until the Agreement is amended to include such rate. 27.2 To the extent OTI requests services not included in this Agreement, such services shall be provisioned pursuant to the rates, terms and conditions set forth in the applicable tariffs or a separately negotiated Agreement, unless the Parties agree to amend this Agreement to include such service prospectively. 28 Rate True-Up 28.1 This section applies to rates that are expressly subject to true-up. 28.2 The rates shall be trued-up, either up or down, based on final prices determined either by further agreement between the Parties, or by a final and effective order of the Commission. The Parties shall implement the true-up by comparing the actual volumes and demand for each item, together with the rates for each item, with the final prices determined for each item. Each Party shall keep its own records upon which the true-up can be based, and any final payment from one Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any discrepancy between the records or disagreement between the Parties regarding the amount of such true-up, the dispute shall be subject to the dispute resolution process set forth in this Agreement. 28.3 A final and effective order of the Commission that forms the basis of a true-up shall be based upon cost studies submitted by either or both Parties to the Commission and shall be binding upon BellSouth and OTI specifically or upon all carriers generally, such as a generic cost proceeding. 29 Survival The Parties’ obligations under this Agreement which by their nature are intended to continue beyond the termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. CCCS 21 of 261
Page 1 and 2: BELL BELLSOUTH BELL BELL BELL Optic
Page 3 and 4: General Terms and Conditions Versio
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Page 19: 19 Notices Version: 2Q05 Standard I
Page 23 and 24: CCCS 23 of 261
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Page 43 and 44: RESALE DISCOUNTS & RATES - Florida
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3.5 Maintenance - Line Splitting -
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UNBUNDLED NETWORK ELEMENTS-Florida
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UNBUNDLED NETWORK ELEMENTS - Florid
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9.2 The rates, terms and conditions
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11.3.3.3 Signaling Network Manageme
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LOCAL INTERCONNECTION - Florida CAT
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3.3 Shared Caged Collocation Versio
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4. Occupancy Version: 2Q05 Standard
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8.7 Power Version: 2Q05 Standard IC
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Removing or disturbing building mat
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COLLOCATION - Florida CATEGORY RATE
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COLLOCATION - Florida CATEGORY RATE
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1. Scope of Attachment Version: 2Q0
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9.2 OTI shall maintain the followin
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ENVIRONMENTAL CATEGORIES Disposal o
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CMDS - Florida CATEGORY RATE ELEMEN
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CONTENTS Version: 2Q05 Standard ICA
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3.1 SITE CONTROL Version: 2Q05 Stan
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5.3 COMBINED OUTAGE (CLEC AND BELLS
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BONA FIDE REQUEST AND NEW BUSINESS
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Optical Telecommunications, Inc.

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