arb 529, supplemental application, 2/26/2004 - State of Oregon

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order, arbitration award or the like relating to the subject matter of this Amendment; or(ii) to seek through negotiation, arbitration, or otherwise terms or provisions that wouldmodify, replace, alter or otherwise change the terms and provisions of this Amendment priorto June 14, 2006. Further, the Parties agree that, if they establish new or replacementinterconnection agreements beyond those set forth in Exhibit A to this Amendment, theyshall implement the terms of this Amendment into such new or replacement interconnectionagreements until such time as this Amendment is superceded in accordance withsubsection (b) directly below. Neither Party hereby waives any other rights accorded to itunder Applicable Law, except to the extent expressly stated in this Amendment. Nothing inthis Amendment should be construed or interpreted as limiting in any way either Party’srights to pursue in any forum regulatory or legislative reform and/or changes to ApplicableLaw.(b) If, by June 14, 2006, the Parties have not entered into successor terms andconditions with respect to the subject matter of this Amendment, then on and as of suchdate, the terms of this Amendment shall continue to be in effect until replaced by terms towhich the Parties agree in writing (pursuant to a voluntary agreement or arbitration). Onor after (but no earlier than) February 1, 2006, either Party may initiate, by written noticeto the other Party, renegotiation of successor terms and provisions with respect to thesubject matter of this Amendment. If the Parties are not able to negotiate such successorterms and provisions by June 14, 2006, either Party may initiate an arbitration underSection 252 of the Act, or another appropriate action (if applicable), in any and/or alljurisdictions, upon thirty (30) days written notice, which notice may be given at any timeon or after (but not before) June 14, 2006.6. Representations and Warranties.(a)Each of the Verizon Parties represents and warrants that:(i) it is a corporation validly existing and in good standing under the lawsof its state of incorporation, it has all requisite corporate power and authority to execute anddeliver this Amendment, and it has all requisite corporate power and authority to perform itsrespective obligations hereunder;(ii) the execution, delivery and performance of this Amendment by theVerizon Party will not result in any violation or be in conflict with its charter or by-laws, orany agreement, order, judgment, decree, statute, rule or regulation applicable to the subjectVerizon Party; andParty.(iii)this Amendment is a valid and binding agreement of the Verizon(b)Each MCI Party represents and warrants that:(i) it is a corporation or company validly existing and in good standingunder the laws of its state of incorporation, it has all requisite corporate power and authorityAmendment to Verizon/MCI Interconnection Agreements (December 1, 2003) 13
to execute and deliver this Amendment, and it has all requisite corporate power andauthority to perform its respective obligations hereunder;(ii) the execution, delivery and performance of this Amendment by theMCI Party will not result in any violation or be in conflict with its charter or by-laws, or anyagreement, order, judgment, decree, statute, rule or regulation applicable to it; and(iii)this Amendment is a valid and binding agreement of the MCI Party.7. Conflicts.This Amendment shall amend the terms and provisions of the Interconnection Agreementsonly to the extent necessary to give effect to the terms and provisions of this Amendment,and, except to the extent set forth in this Amendment, the terms and provisions of theInterconnection Agreements shall remain in full force and effect after the Effective Date.In the event of a conflict between the terms and provisions of this Amendment and theterms and provisions of the Interconnection Agreements, this Amendment shall govern.8. Entire Agreement.This Amendment contains the entire understanding between the Parties pertaining to thesubject matter of the Amendment.9. Amendments.The Parties can amend this Amendment only by a written document signed by each of theParties (and/or by an authorized designee (or designees) signing on behalf of one or moreof the Parties).10. Counterparts.This Amendment may be executed in counterparts, each of which shall be deemed anoriginal and all of which together shall constitute one and the same instrument.11. No Severability.If any provision of this Amendment is held to be invalid or unenforceable underApplicable Law, such invalidity or unenforceability shall not invalidate the entireAmendment (unless such construction would be unreasonable), and this Amendmentshall be construed as if it did not contain the invalid or unenforceable provision orprovisions, and the rights and obligations of each Party construed and enforcedaccordingly; provided, however, the Parties agree that, it would be unreasonable to notinvalidate the entire Amendment if, among other things, one (1) or more portions ofSection 1(a) were held to be invalid or unenforceable. If any provision of thisAmendment is held to be invalid or unenforceable under Applicable Law, and it would beunreasonable to not invalidate the entire Amendment, the Parties shall negotiate in goodAmendment to Verizon/MCI Interconnection Agreements (December 1, 2003) 14
Page 4 and 5: MCI Party; and provided further, th
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Page 12: terminated to MCI UNE-P Customers.(
Page 18 and 19: Exhibit AList of Interconnection Ag
Page 20: ID MCI WORLDCOMCommunications Inc.V
Page 24 and 25: Exhibit BPart 1: For the period beg
Page 26 and 27: Exhibit CLATAs, Among Others, In Wh
Page 28: MI 340 ADRNMIXG45T ADRIAN TANDEMNC

arb 529, supplemental application, 2/26/2004 - State of Oregon

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