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BELLSOUTH / CLEC Agreement Customer Name: Time Warner TelecomTime Warner Telecom (KY)2Title Page3Table of Contents4GT&Cs Part A6GT&Cs Part B26Attachment 130Attachment 1 Rates55Attachment 256Attachment 2 Rates129Attachment 2 Exhibit C166Attachment 3284Attachment 3313Attachment 3 Exhibit F315Attachment 4330Attachment 4 Rates369Attachment 5373Attachment 6378Attachment 7385Attachment 7 Rates401Attachment 8402Attachment 9404Attachment 10557Attachment 11566Note: This page is not part of the actual signed contract/amendment, but is present for record keeping purposes only.
By and BetweenBellSouth Telecommunications, Inc.AndTime Warner Telecom2 of 568
INTERCONNECTIONAGREEMENTBETWEENBELLSOUTH TELECOMMUNICATIONS INC.ANDTIME WARNER TELECOM3 of 568
TABLE OF CONTENTSGeneral Terms and Conditions Part 0.21.22.23.24.25.26.27.28.29.30.31.32.CLEC CertificationTerm of the AgreementOperational Support SystemsParityWhite Pages ListingsCourt Ordered Requests for Call Detail Records and Other Subscriber InformationLiability and IndemnificationIntellectual Property Rights and IndemnificationProprietary and Confidential InformationResolution of DisputesTaxesForce MajeureAdoption of AgreementsModification of AgreementNon-waiver of Legal RightsIndivisibilityWaiversGoverning LawAssignmentsNoticesRule of ConstructionHeadings of No Force or EffectMultiple CounterpartsFiling of AgreementCompliance with Applicable LawNecessary ApprovalsGood Faith PerformanceNonexclusive DealingsSurvivalEstablishment of ServiceEntire AgreementGuidelinesGeneral Terms and Conditions Part BDefinitionsVersion 4Q01: 12/01/014 of 568
TABLE OF CONTENTS (cont’d)Attachment 1 - ResaleAttachment 2 - Network Elements and Other ServicesAttachment 3 - Network InterconnectionAttachment 4 - Physical CollocationAttachment 5 - Access to Numbers and Number PortabilityAttachment 6 – Pre-Ordering, Ordering and Provisioning, Maintenance and RepairAttachment 7 - BillingAttachment 8 - Rights-of-Way, Conduits and Pole AttachmentsAttachment 9 - Performance MeasurementsAttachment 10- BellSouth Disaster Recovery PlanAttachment 11–Bona Fide Request/New Business Request ProcessVersion 4Q01: 12/01/015 of 568
General Terms and Conditions Part APage 1AGREEMENTGENERAL TERMS AND CONDITIONSTHIS AGREEMENT is made by and between BellSouth Telecommunications, Inc.,(“BellSouth”), a Georgia corporation, and Time Warner Telecom of Ohio, L.P. (“TWTC”), andshall be deemed effective thirty business days following the date of the last signature of bothParties (”Effective Date”). This Agreement may refer to either BellSouth or TWTC or both as a“Party” or “Parties.”WITNESSETHWHEREAS, BellSouth is an incumbent local exchange telecommunications companyauthorized to provide telecommunications services in the states of Alabama, Florida, Georgia,Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee; andWHEREAS, TWTC is a Competitive Local Exchange Carrier (“CLEC”) authorizedto provide telecommunications services in the state of Kentucky; and may later becomeauthorized to provide such services in other states in which BellSouth is so authorized; andWHEREAS, TWTC wishes to resell BellSouth’s telecommunications services andpurchase network elements and other services, and, solely in connection therewith, may wish toutilize Collocation Space or space available pursuant to Adjacent Arrangement (all as defined inAttachment 4 of this Agreement); andWHEREAS, the Parties wish to interconnect their telecommunications networkfacilities and exchange traffic pursuant to Sections 251 and 252 of the Act.NOW THEREFORE, in consideration of the mutual covenants contained herein, andother good and valuable consideration, the receipt and sufficiency of which is herebyacknowledged, BellSouth and TWTC agree as follows:1.CLEC Certification1.1TWTC agrees to provide BellSouth in writing the certificate number or docketnumber, for the docket pending certification, for all states covered by thisAgreement except Kentucky prior to BellSouth filing this Agreement with theappropriate Commission for approval.1.2Additionally, TWTC will notify BellSouth in writing when it becomes certified orhas a docket pending certification to operate in any other state in the BellSouthregion. Upon notification, BellSouth will file this Agreement with the appropriateCommission for approval.2.Term of the AgreementVersion May 27, 20026 of 568
General Terms and Conditions Part APage 22.1The term of this Agreement shall be three years, beginning on the Effective Dateand shall apply to the BellSouth territory in the state of Kentucky.Notwithstanding any prior agreement of the Parties, the rates, terms and conditionsof this Agreement shall not be applied retroactively prior to the Effective Date.2.2The Parties agree that by no earlier than two hundred seventy (270) days and nolater than one hundred and eighty (180) days prior to the expiration of thisAgreement, they shall commence negotiations for a new agreement to be effectivebeginning on the expiration date of this Agreement (“Subsequent Agreement”).2.3If, within one hundred and thirty-five (135) days of commencing the negotiationreferred to in Section 2.2 above, the Parties are unable to negotiate new terms,conditions and prices for a Subsequent Agreement, either Party may petition theCommission to establish appropriate terms, conditions and prices for theSubsequent Agreement pursuant to 47 U.S.C. 252.2.4In the event the Commission does not issue its order prior to the expiration date ofthis Agreement, or if the Parties continue beyond the expiration date of thisAgreement to negotiate the Subsequent Agreement, this Agreement shall bedeemed extended on a month-to-month basis. Upon conversion to a month-tomonth term, either Party, in its discretion may terminate this Agreement upon sixty(60) days notice to the other Party; provided, however, the Agreement cannot beterminated prior to 180 days after the original expiration date. In the event thatBellSouth terminates this Agreement as provided above, BellSouth shall continueto provide services to TWTC pursuant to (1) the terms, conditions and rates setforth in BellSouth's standard interconnection agreement then in effect and madeavailable to CLECs requesting negotiations pursuant to Section 251 of the Act, or(2) an agreement adopted by TWTC pursuant to Section 13 of this Agreement.Neither Party shall refuse to provide services to the other Party during thenegotiation of the Subsequent Agreement or the transition from this Agreement tothe Subsequent Agreement. In the event that the Parties begin operating underBellSouth’s standard interconnection agreement or an agreement adopted byTWTC, the Parties may continue to negotiate a Subsequent Agreement or maycontinue to pursue arbitration of a Subsequent Agreement before the Commission.The terms of such Subsequent Agreement shall be effective as of the effective datestated in such Subsequent Agreement and shall not be applied retroactively to theexpiration date of this Agreement unless the Parties agree otherwise.3.Operational Support SystemsTWTC shall pay charges for Operational Support Systems (OSS) as set forth inthis Agreement in Attachment 1 and/or in Attachments 2, and 3 as applicable.4.ParityThe services and service provisioning that BellSouth provides TWTC for resalewill be at least equal in quality to that provided to BellSouth, or any BellSouthsubsidiary, affiliate or end user. In connection with resale, BellSouth will provideVersion May 27, 20027 of 568
General Terms and Conditions Part APage 3TWTC with pre-ordering, ordering, maintenance and trouble reporting, and dailyusage data functionality that will enable TWTC to provide equivalent levels ofcustomer service to their local exchange customers as BellSouth provides to itsown end users. BellSouth shall also provide TWTC with unbundled networkelements, and access to those elements, that is at least equal in quality to thatwhich BellSouth provides BellSouth, or any BellSouth subsidiary, affiliate or otherCLEC, including preordering, ordering, provisioning, maintenance and troublereporting, and daily usage functionality. Each Party will provide number portabilityto its customers with minimum impairment of functionality, quality, reliability andconvenience.5.White Pages Listings5.1BellSouth shall provide TWTC and their customers access to White Pagesdirectory listings under the following terms:5.2Listings. TWTC shall provide all new, changed and deleted listings on a timelybasis and BellSouth or its agent will include TWTC residential and businesscustomer listings in the appropriate White Pages (residential and business) oralphabetical directories. Directory listings will make no distinction betweenTWTC and BellSouth subscribers.5.2.1Rates. TWTC shall provide its Subscriber Listing Information (“SLI”) toBellSouth in accordance with Section 5.3 below, and BellSouth shall provide toTWTC one (1) primary White Pages listing per TWTC subscriber at no chargeother than applicable service order charges as set forth in BellSouth’s tariffs.5.3Procedures for submitting TWTC SLI are found in the BellSouth Business Rulesfor Local Ordering.5.4Notwithstanding any provision(s) to the contrary, TWTC shall provide toBellSouth, and BellSouth shall accept, TWTC’s SLI relating to TWTC’scustomers in the geographic area(s) covered by this Interconnection Agreement.5.5Release of SLI to Third Parties. TWTC authorizes BellSouth to release all suchTWTC SLI provided to BellSouth by TWTC to qualifying third parties via eitherlicense agreement or BellSouth’s Directory Publishers Database Service (DPDS),General Subscriber Services Tariff (GSST), Section A38.2, as the same may beamended from time to time. Such TWTC SLI shall be intermingled withBellSouth’s own customer listings and listings of any other CLEC that hasauthorized a similar release of SLI.5.5.1No compensation shall be paid to TWTC for BellSouth’s receipt of TWTC SLI, orfor the subsequent release to third parties of such SLI. In addition, to the extentBellSouth incurs costs to modify its systems to enable the release of TWTC’s SLI,or costs on an ongoing basis to administer the release of TWTC SLI, TWTC shallpay to BellSouth its proportionate share of the reasonable costs associatedVersion May 27, 20028 of 568
General Terms and Conditions Part APage 4therewith. At any time that costs may be incurred to administer the release ofTWTC’s SLI, TWTC will be notified. If TWTC does not wish to pay itsproportionate share of these reasonable costs, TWTC will instruct BellSouth inwriting that it does not wish to release its SLI to independent publishers.5.5.2Where TWTC provides SLI to BellSouth for release to third parties as described inthis Section 5.5, neither BellSouth nor any agent shall be liable for the content oraccuracy of any SLI provided by TWTC under this Agreement, and TWTC shallindemnify, hold harmless and defend BellSouth and its agents from and against anydamages, losses, liabilities, demands, claims, suits, judgments, costs and expenses(including but not limited to reasonable attorneys’ fees and expenses) arising fromBellSouth’s tariff obligations or otherwise and resulting from or arising out of anythird party’s claim of inaccurate TWTC listings or use of the SLI providedpursuant to this Agreement. BellSouth may forward to TWTC any complaintsreceived by BellSouth relating to the accuracy or quality of TWTC listings5.5.3Listings and subsequent updates will be released consistent with BellSouth systemchanges and/or update scheduling requirements.5.6Unlisted/Non-Published Subscribers. TWTC will be required to provide toBellSouth the names, addresses and telephone numbers of all TWTC customerswho wish to be omitted from directories. Unlisted/Non-Published Subscriberlistings will be offered at tariff rates as set forth in the GSST.5.7Inclusion of TWTC Customers in Directory Assistance Database. BellSouth willinclude and maintain TWTC subscriber listings in BellSouth’s Directory Assistancedatabases at no recurring charge and TWTC shall provide such DirectoryAssistance listings at no recurring charge. BellSouth and TWTC will formulateappropriate procedures regarding lead-time, timeliness, format and content oflisting information.5.8Listing Information Confidentiality. BellSouth and its agents will accord TWTC’sdirectory listing information the same level of confidentiality that BellSouthaccords its own directory listing information, and BellSouth shall limit access toTWTC’s customer proprietary confidential directory information to thoseBellSouth employees or agents with the need to know for the purpose ofpreparation of listings or directories.5.9Additional and Designer Listings. Additional and designer listings will be offeredby BellSouth at tariffed rates as set forth in the General Subscriber Services Tariff.5.10Directories. BellSouth or its agent shall make available White Pages directories toTWTC subscribers at no charge or as specified in a separate BellSouth Advertisingand Publishing Corporation (“BAPCO”) agreement.6.Court Ordered Requests for Call Detail Records and Other SubscriberInformationVersion May 27, 20029 of 568
General Terms and Conditions Part APage 56.1Subpoenas Directed to BellSouth. Where BellSouth provides resold services orlocal switching for TWTC, BellSouth shall respond to subpoenas and courtordered requests delivered directly to BellSouth for the purpose of providing calldetail records when the targeted telephone numbers belong to TWTC End Users.Billing for such requests will be generated by BellSouth and directed to the lawenforcement agency initiating the request. BellSouth shall maintain suchinformation for TWTC End Users for the same length of time as it maintains suchinformation for its own End Users.6.2Subpoenas Directed to TWTC. Where BellSouth is providing to TWTCTelecommunications Services for resale or providing to TWTC the local switchingfunction, then TWTC agrees that in those cases where TWTC receives subpoenasor court ordered requests regarding targeted telephone numbers belonging toTWTC End Users, and where TWTC does not have the requested information,TWTC will advise the law enforcement agency initiating the request to redirect thesubpoena or court ordered request to BellSouth for handling in accordance with6.1 above.6.3In all other instances, where either Party receives a request for informationinvolving the other Party’s End User, the Party receiving the request will advisethe law enforcement agency initiating the request to redirect such request to theother Party.7.Liability and Indemnification7.1Liability. In the event that either Party consists of two (2) or more separateentities as set forth in this Agreement and/or any Amendments hereto, all suchentities shall be jointly and severally liable for the obligations of the other Partyunder this Agreement.7.2Liability for Acts or Omissions of Third Parties. Neither Party shall be liable tothe other Party for any act or omission of another telecommunications companyproviding services to such other Party.7.3Limitation of Liability7.3.1Except for any indemnification obligations of the Parties hereunder, each Party’sliability to the other for any loss, cost, claim, injury or liability or expense,including reasonable attorneys’ fees relating to or arising out of any negligent actor omission in its performance of this Agreement whether in contract or in tort,shall be limited to a credit for the actual cost of the services or functions notperformed or improperly performed.7.3.2Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs andcontracts with its End Users and third parties that relate to any service, product orfunction provided or contemplated under this Agreement, that to the maximumextent permitted by Applicable Law, such Party shall not be liable to the End UserVersion May 27, 200210 of 568
General Terms and Conditions Part APage 6or third party for (i) any loss relating to or arising out of this Agreement, whetherin contract, tort or otherwise, that exceeds the amount such Party would havecharged that applicable person for the service, product or function that gave rise tosuch loss and (ii) Consequential Damages. To the extent that a Party elects not toplace in its tariffs or contracts such limitations of liability, and the other Partyincurs a loss as a result thereof, such Party shall indemnify and reimburse the otherParty for that portion of the loss that would have been limited had the first Partyincluded in its tariffs and contracts the limitations of liability that such other Partyincluded in its own tariffs at the time of such loss.7.3.3Neither BellSouth nor TWTC shall be liable for damages to the other Party’sterminal location, equipment or End User premises resulting from the furnishing ofa service, including, but not limited to, the installation and removal of equipmentor associated wiring, except to the extent caused by a Party’s negligence or willfulmisconduct or by a Party’s failure to ground properly a local loop afterdisconnection.7.3.4Under no circumstance shall a Party be responsible or liable for indirect, incidental,or consequential damages, including, but not limited to, economic loss or lostbusiness or profits, damages arising from the use or performance of equipment orsoftware, or the loss of use of software or equipment, or accessories attachedthereto, delay, error, or loss of data. In connection with this limitation of liability,each Party recognizes that the other Party may, from time to time, provide advice,make recommendations, or supply other analyses related to the services, orfacilities described in this Agreement, and, while each Party shall use diligentefforts in this regard, the Parties acknowledge and agree that this limitation ofliability shall apply to provision of such advice, recommendations, and analyses.7.3.5To the extent any specific provision of this Agreement purports to impose liability,or limitation of liability, on either Party different from or in conflict with theliability or limitation of liability set forth in this Section, then with respect to anyfacts or circumstances covered by such specific provisions, the liability orlimitation of liability contained in such specific provision shall apply.7.4Indemnification for Certain Claims. The Party providing services hereunder, itsaffiliates and its parent company, shall be indemnified, defended and held harmlessby the Party receiving services hereunder against any claim, loss or damage arisingfrom the receiving company’s use of the services provided under this Agreementpertaining to (1) claims for libel, slander or invasion of privacy arising from thecontent of the receiving company’s own communications, or (2) any claim, loss ordamage claimed by the End User of the Party receiving services arising from suchcompany’s use or reliance on the providing company’s services, actions, duties, orobligations arising out of this Agreement.7.5Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARYIN THIS AGREEMENT, NEITHER PARTY MAKES ANYREPRESENTATIONS OR WARRANTIES TO THE OTHER PARTYVersion May 27, 200211 of 568
General Terms and Conditions Part APage 7CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, ORFACILITIES PROVIDED UNDER THIS AGREEMENT. THE PARTIESDISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEEOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, ORFROM USAGES OF TRADE.8.Intellectual Property Rights and Indemnification8.1No License. No patent, copyright, trademark or other proprietary right is licensed,granted or otherwise transferred by this Agreement. Both Parties are strictlyprohibited from any use, including but not limited to in sales, in marketing oradvertising of telecommunications services, of any name, service mark ortrademark (collectively, the “Marks”) of the other Party. The Marks of a Partyinclude those Marks owned directly by such Party and those Marks that such Partyhas a legal and valid license to use.8.2Ownership of Intellectual Property. Any intellectual property that originates fromor is developed by a Party shall remain the exclusive property of that Party.Except for a limited license to use patents or copyrights to the extent necessary forthe Parties to use any facilities or equipment (including software) or to receive anyservice solely as provided under this Agreement, no license in patent, copyright,trademark or trade secret, or other proprietary or intellectual property right now orhereafter owned, controlled or licensable by a Party, is granted to the other Partyor shall be implied or arise by estoppel. It is the responsibility of each Party toensure at no additional cost to the other Party that it has obtained any necessarylicenses in relation to intellectual property of third Parties used in its network thatmay be required to enable the other Party to use any facilities or equipment(including software), to receive any service, or to perform its respectiveobligations under this Agreement.8.3Indemnification. The Party providing a service pursuant to this Agreement willindemnify, hold harmless, and defend the Party receiving such service or dataprovided as a result of such service against claims of intellectual propertyinfringement arising solely from the use by the receiving Party of such service inthe manner contemplated under this Agreement and will indemnify and defend thereceiving Party for any damages awarded based solely on such claims inaccordance with Section 7 preceding.8.4Claim of Infringement. In the event that use of any facilities or equipment(including software), becomes, or in the reasonable judgment of the Party whoowns the affected network is likely to become, the subject of a claim, action, suit,or proceeding based on intellectual property infringement, then said Party shallpromptly and at its sole expense and sole option, but subject to the limitations ofliability set forth below:Version May 27, 200212 of 568
General Terms and Conditions Part APage 88.4.1modify or replace the applicable facilities or equipment (including software) whilemaintaining form and function, or8.4.2obtain a license sufficient to allow such use to continue.8.4.3In the event Section 8.4.1 or 8.4.2 are commercially unreasonable, then said Partymay, terminate, upon reasonable notice, this contract with respect to use of, orservices provided through use of, the affected facilities or equipment (includingsoftware), but solely to the extent required to avoid the infringement claim.However, the termination of a particular service under this Section does not relievethe Party of its obligation to provide any service required under the Act, theregulations thereunder or by the Commission.8.5Exception to Obligations. Neither Party's obligations under this Section shall applyto the extent the infringement is caused by: (i) modification of the facilities orequipment (including software) by the indemnitee; (ii) use by the indemnitee of thefacilities or equipment (including software) in combination with equipment orfacilities (including software) not provided or authorized by the indemnitor,provided the facilities or equipment (including software) would not be infringing ifused alone; (iii) conformance to specifications of the indemnitee which wouldnecessarily result in infringement; or (iv) continued use by the indemnitee of theaffected facilities or equipment (including software) after being placed on notice todiscontinue use as set forth herein.8.6Exclusive Remedy. The foregoing shall constitute the Parties' sole and exclusiveremedies and obligations with respect to a third party claim of intellectual propertyinfringement arising out of the conduct of business under this Agreement.8.7Dispute Resolution. Any claim arising under this Section 8 shall be excluded fromthe dispute resolution procedures set forth in Section 10 and shall be brought in acourt of competent jurisdiction.9.Proprietary and Confidential Information9.1Proprietary and Confidential Information. It may be necessary for BellSouth andTWTC, each as the “Discloser,” to provide to the other Party, as “Recipient,”certain proprietary and confidential information (including trade secretinformation) including but not limited to technical, financial, marketing, staffingand business plans and information, strategic information, proposals, request forproposals, specifications, drawings, maps, prices, costs, costing methodologies,procedures, processes, business systems, software programs, techniques, customeraccount data, call detail records and like information (collectively the“Information”). All such Information conveyed in writing or other tangible formshall be conspicuously marked with a confidential or proprietary legend.Information conveyed orally by the Discloser to Recipient shall be designated asproprietary and confidential at the time of such oral conveyance, shall be reducedVersion May 27, 200213 of 568
General Terms and Conditions Part APage 9to writing by the Discloser within forty-five (45) days thereafter, and shall beconspicuously marked with a confidential or proprietary legend.9.2Use and Protection of Information. Recipient agrees to protect such Informationof the Discloser provided to Recipient from whatever source from distribution,disclosure or dissemination to anyone except employees of Recipient with a needto know such Information solely in conjunction with Recipient’s analysis of theInformation and for no other purpose except as authorized herein or as otherwiseauthorized in writing by the Discloser. Recipient will not make any copies of theInformation inspected by it.9.3Exceptions. Recipient will not have an obligation to protect any portion of theInformation which:9.3.1(a) is made publicly available by the Discloser or lawfully by a nonparty to thisAgreement; (b) is lawfully obtained by Recipient from any source other thanDiscloser; (c) is previously known to Recipient without an obligation to keep itconfidential; or (d) is released from the terms of this Agreement by Discloser uponwritten notice to Recipient.9.4Recipient agrees to use the Information solely for the purposes of negotiationspursuant to 47 U.S.C. 251 or in performing its obligations under this Agreementand for no other entity or purpose, except as may be otherwise agreed to in writingby the Parties. Nothing herein shall prohibit Recipient from providing informationrequested by the FCC or a state regulatory agency with jurisdiction over thismatter, or to support a request for arbitration or an allegation of failure tonegotiate in good faith, or where required by law, regulation, court order orotherwise legally compelled (e.g., by the FCC or a Commission) provided thatRecipient provides Discloser with prompt notice of such requirement andcooperates in good faith in ensuring proper confidential protection for suchdisclosure.9.5Recipient agrees not to publish or use the Information for any advertising, salespromotions, press releases, or publicity matters that refer either directly orindirectly to the Information or to the Discloser or any of its affiliated companies.9.6The disclosure of Information neither grants nor implies any license to theRecipient under any trademark, patent, copyright, or application that is now ormay hereafter be owned by the Discloser.9.7Survival of Confidentiality Obligations. The Parties’ rights and obligations underthis Section 9 shall survive and continue in effect until two (2) years after theexpiration or termination date of this Agreement with regard to all Informationexchanged during the term of this Agreement. Thereafter, the Parties’ rights andobligations hereunder survive and continue in effect with respect to anyInformation that is a trade secret under applicable law.Version May 27, 200214 of 568
General Terms and Conditions Part APage 1010.Resolution of DisputesExcept as otherwise stated in this Agreement, if any dispute arises as to theinterpretation of any provision of this Agreement or as to the properimplementation of this Agreement, the aggrieved Party shall petition theCommission for a resolution of the dispute. However, each Party reserves anyrights it may have to seek judicial review of any ruling made by the Commissionconcerning this Agreement.11.Taxes11.1Definition. For purposes of this Section, the terms “taxes” and “fees” shall includebut not be limited to federal, state or local sales, use, excise, gross receipts orother taxes or tax-like fees of whatever nature and however designated (includingtariff surcharges and any fees, charges or other payments, contractual orotherwise, for the use of public streets or rights of way, whether designated asfranchise fees or otherwise) imposed, or sought to be imposed, on or with respectto the services furnished hereunder or measured by the charges or paymentstherefore, excluding (a) any taxes levied on either Party’s corporate existence,status, or income, (b) any corporate franchise taxes or (c) tax on property.11.2Taxes and Fees Imposed Directly On Either Providing Party or Purchasing Party.11.2.1Taxes and fees imposed on the providing Party, which are not permitted orrequired to be passed on by the providing Party to its customer, shall be borne andpaid by the providing Party.11.2.2Taxes and fees imposed on the purchasing Party, which are not required to becollected and/or remitted by the providing Party, shall be borne and paid by thepurchasing Party.11.3Taxes and Fees Imposed on Purchasing Party But Collected And Remitted ByProviding Party.11.3.1Taxes and fees imposed on the purchasing Party shall be borne by the purchasingParty, even if the obligation to collect and/or remit such taxes or fees is placed onthe providing Party.11.3.2To the extent permitted by applicable law, any
Time Warner Telecom (KY) Title Page Table of Contents GT&Cs Part A GT&Cs Part B Attachment 1 Attachment 1 Rates Attachment 2 Attachment 2 Rates Attachment 2 Exhibit C . TIME WARNER TELECOM 3 of 568. Version 4Q01: 12/01/01 TABLE OF CONTENTS General Terms and Conditions Part A 1. CLEC Certification 2. Term of the Agreement
