Business Interconnect Application

BUSINESS INTERCONNECT APPLICATION

Applicant and Provider Identification

Corporation   LLC   Partnership   Other

Recitals

WHEREAS, Applicant seeks to interconnect its network facilities, equipment, or services with Provider's network for the purpose of exchanging voice, data or other communications traffic under the terms set forth herein;

WHEREAS, Provider operates and maintains telecommunications, transport, or data network facilities and has authority to enter into interconnection arrangements subject to the terms and conditions in this Application and any subsequently executed Interconnection Agreement;

WHEREAS, the parties intend by this Application to establish the initial technical, commercial and operational parameters for the requested interconnect and to permit Provider to evaluate, provision and schedule required facilities and services.

Interconnect Request Details

Requested Interconnect Type:

Requested Bandwidth or Port Capacity:

Scope of Work

The Provider shall perform the services described below in accordance with the technical specifications and schedules approved by both parties. The Applicant shall provide all required network access, power, and site access as set forth below and cooperate with Provider's provisioning and testing activities.

Payment Terms

Fees for provisioning, recurring charges, and any applicable non-recurring charges are set forth below. Applicant acknowledges that Provider may require payment of non-recurring charges prior to commencement of work.

Late Payment: A late fee equal to per month on overdue balances will accrue, together with recovery costs and interest to the fullest extent permitted by law.

Term and Termination

Term: The initial term of the interconnect arrangement shall commence on and continue through unless earlier terminated as provided herein.

Either party may terminate this interconnect arrangement for convenience upon written notice delivered not less than days prior to the effective termination date. Either party may terminate for material breach if the breaching party fails to cure such breach within thirty (30) days after receipt of written notice of breach.

Confidentiality

Each party shall treat as Confidential Information all technical, commercial and operational information disclosed in connection with this Application and any resulting interconnect arrangement, including network designs, traffic data, pricing and customer information. Confidential Information shall not include information that is or becomes publicly available other than by breach of this provision, or that is rightfully received from a third party without restriction.

A receiving party shall not disclose Confidential Information except to its employees, agents and contractors with a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidential Information shall be used solely for purposes of provisioning, operating and administering the interconnect arrangement.

Compliance and Security

Applicant certifies that it will comply with all applicable laws, regulations and industry standards governing the use of Provider's network and will not use the interconnect to originate, transmit or receive unlawful or harmful traffic. Applicant shall maintain reasonable security controls to protect Provider's network from unauthorized access and shall cooperate with Provider in incident handling and mitigation.

Attachments and Required Documentation

Please indicate the documents attached to this Application:

Network Diagram   Site Plans   Authorization Letter   Security Compliance Report

Governing Law; Limitation of Liability; Entire Agreement

Governing Law: This Application and any resulting Interconnection Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles.

Limitation of Liability: Except for liability arising from willful misconduct or gross negligence, neither party shall be liable to the other for indirect, incidental, consequential, special or punitive damages, including lost profits, even if advised of the possibility of such damages. Each party's aggregate liability under this Application shall be limited to direct damages not to exceed the immediately preceding twelve (12) months' charges paid by Applicant to Provider under the interconnect arrangement, unless otherwise agreed in writing.

Entire Agreement: This Application, together with any attachments, written schedules and any subsequently executed Interconnection Agreement, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior oral or written representations and agreements. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

Certifications and Authorization

By submitting this Application, Applicant certifies that the information provided herein is accurate and complete, that Applicant is authorized to request the interconnect at the stated location(s), and that Applicant will comply with the terms and conditions set forth in this Application and any subsequent interconnect agreement. Provider's acceptance of this Application is subject to Provider's review, credit approval, and execution of a definitive interconnection agreement if required.

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