{"id":42191,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/contract-tariff-order-form-concentric-network-corp-and.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"contract-tariff-order-form-concentric-network-corp-and","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/contract-tariff-order-form-concentric-network-corp-and.html","title":{"rendered":"Contract Tariff Order Form &#8211; Concentric Network Corp. and AT&#038;T"},"content":{"rendered":"<pre>\n\n                          CONTRACT TARIFF ORDER FORM\n\n\n-------------------------------------------------------------------------------\n                CUSTOMER                                   AT&amp;T\n-------------------------------------------------------------------------------\n                                        \n1. NAME: Concentric Network Corporation\n-------------------------------------------------------------------------------\n2. STREET: 10590 North Tantau Avenue       7. STREET: 2730 San Tomas Expressway\n-------------------------------------------------------------------------------\n3. CITY: Cupertino                         8. CITY: Santa Clara\n-------------------------------------------------------------------------------\n4. STATE &amp; ZIP: California, 95014          9. STATE &amp; ZIP: California, 95051\n-------------------------------------------------------------------------------\n5. Att'n: Tony Zeis                        10. Att'n: David Coff\n-------------------------------------------------------------------------------\n\n\n     1.   CUSTOMER hereby orders and AT&amp;T agrees to provide communications\nservices (the 'Services') pursuant to a Contract Tariff ('CT'), which AT&amp;T will\nfile with the FCC consistent with the attached tariff pages. The Services will\nbe provided in accordance with the rates, terms and conditions described in the\nCT and, except as provided in the CT, the rates, terms and conditions in\nApplicable Tariffs pertaining to the Services. Applicable Tariffs are the AT&amp;T\ntariffs referenced in the CT, as such tariffs may be revised from time to time.\n\n     2.   CUSTOMER may, as its sole remedy, cancel its order without liability\nbefore the CT becomes effective if, without the consent of CUSTOMER: (a) AT&amp;T\nfails to file the CT within thirty (30) days after the effective date of this\nAgreement; (b) the CT as filed is not consistent with the attached tariff pages;\nor (c) the CT does not go into effect within 120 days after filing. In no event,\nhowever, shall CUSTOMER have a right to cancel its order under this Section for\nany condition that is caused by CUSTOMER.\n\n     3.   CUSTOMER may be required to pay a deposit or advance payment before\nservice is provided pursuant to the terms of the CT and the Applicable Tariffs.\nIf CUSTOMER fails to pay any such required deposit or advance payment within 30\ndays after AT&amp;T's request for such payment, CUSTOMER will be deemed to have\ncancelled this order.\n\n     4.   In the event of any inconsistency between the terms of any Applicable\nTariff and the CT, the terms of the CT shall prevail. In the event of any\ninconsistency between the terms of this Agreement and any Applicable Tariff or\nthe CT, the terms of the Applicable Tariff or the CT shall prevail. Nothing\ncontained in this Agreement shall require AT&amp;T to take any action prohibited or\nomit to take any action required by the FCC or any other regulatory authorities.\n\n     5.   EXCEPT FOR ANY WARRANTIES EXPRESSLY MADE IN THE CT OR THE APPLICABLE\nTARIFFS, AT&amp;T EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT\nLIMITED TO ANY IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A\nPARTICULAR PURPOSE. AT&amp;T'S LIABILITY TO CUSTOMER IS SUBJECT TO THE LIMITATIONS\nSTATED IN THE CT AND APPLICABLE TARIFFS.\n\n     6.   This Agreement shall be governed by the law of the State of New York\n(excluding its choice of law principles), or applicable federal statutes.\n\n \n     7.   If any provision of the CT is held to be invalid or unenforceable,\nthen AT&amp;T and CUSTOMER shall cooperate to develop a mutually agreeable\nreplacement for such provision. If the parties are unable to reach agreement on\na replacement for the CT provision within 30 days after the provision is held to\nbe invalid or unenforceable (or within such additional time as the parties agree\nin writing), then this Agreement shall be immediately terminated. CUSTOMER shall\nremain liable for all charges and liabilities for services provided under the CT\nprior to such termination.\n\n     8.   Neither party shall publish or use any advertising, sales promotions,\npress releases or other publicity matters which use the other party's corporate\nor trade names, logos, trademarks, trade dress, or service marks (or which use\nconfusingly similar corporate or trade names, logos, trademarks, trade dress, or\nservice marks) without the prior written approval of the other party, except to\nthe limited extent as may be permissible under applicable law. Neither party is\nlicensed hereunder to conduct business under the other party's corporate or\ntrade names, logos, trademarks, trade dress, or service marks (or under any\nconfusingly similar corporate or trade names, logos, trademarks, trade dress, or\nservice marks).\n\n     9.   AT&amp;T's relationship with CUSTOMER under this Agreement shall be that\nof an independent contractor.\n\n     10.  Notices pursuant to this Agreement shall be in writing to the\naddresses specified above.\n\n     11.  This Agreement, the CT, and the Applicable Tariffs constitute the\nentire agreement between the parties with respect to the Services. This\nAgreement supersedes all prior agreements, proposals, representations,\nstatements, or understandings, whether written or oral, concerning the Services\nor the rights and obligations relating to the Services. No change, modification\nor waiver of any of the terms of this Agreement, except for revisions to the\nApplicable Tariffs, shall be binding unless reduced to writing and signed by\nauthorized representatives of both parties hereto and, to the extent required by\nlaw, filed with the FCC.\n\n     12.  Each party represents and warrants that the person executing this\nAgreement on its behalf is fully authorized to do so.\n\n\n\n--------------------------------------------------------------------------------\nORDERED BY CUSTOMER:                          ACCEPTED BY AT&amp;T:\n--------------------------------------------------------------------------------\n                                           \n11. Signature: \/s\/ John Peters                15. Signature: \/s\/ Greg Hopkins\n--------------------------------------------------------------------------------\n12. Printed Name: John Peters                 16. Printed Name: Greg Hopkins\n--------------------------------------------------------------------------------\n13. Title: Executive Vice President           17. Title: Division Manager\n--------------------------------------------------------------------------------\n14. Date: 5\/28\/96                             18. Date: 6-17-96\n--------------------------------------------------------------------------------\n\n\n                                      -2-\n\n \n                                   Addendum\n                                      to\n                          AT&amp;T Contract Tariff Order\n\n\n     The AT&amp;T Contract Tariff Order dated contemporaneously herewith\n('Agreement'), between AT&amp;T Corp. ('AT&amp;T') and Concentric Network Corporation\n                                               ------------------------------\n('CUSTOMER') is hereby revised by adding a new Section, as follows:\n\n     In the event of a business downturn beyond CUSTOMER's control or a network\noptimization using other AT&amp;T services, that significantly reduces the volume of\nnetwork services required by the CUSTOMER, with the result that CUSTOMER will be\nunable to meet its revenue and\/or volume commitments under this Contract\n(notwithstanding CUSTOMER's best efforts to avoid such a shortfall), AT&amp;T and\nCUSTOMER will cooperate in efforts to develop a mutually agreeable alternative\nproposal that will satisfy the concerns of both parties and comply with all\napplicable legal and regulatory requirements. By way of example and not\nlimitation, such alternative proposals may include changes in rates,\nnonrecurring charges, revenue and\/or volume commitments, discounts, the multi-\nyear service period and other provisions. Subject to all applicable legal and\nregulatory requirements, including the requirements of the Federal\nCommunications Commission and the Communications Act of 1934, AT&amp;T will prepare\nand file any tariff revisions necessary to implement such mutually agreeable\nalternative proposal. This provision shall not apply to a change resulting from\na decision by CUSTOMER to transfer portions of its traffic or projected growth\nto carriers other than AT&amp;T. The CUSTOMER must give AT&amp;T written notice of the\nconditions it believes will require the application of this provision. This\nprovision does not constitute a waiver of any charges, including shortfall\ncharges, incurred by the CUSTOMER prior to the time the parties mutually agree\nto amend or replace this Contract.\n\nCUSTOMER                                   AT&amp;T\n\nBy: \/s\/ John Peters                        By: \/s\/ Greg Hopkins\n    -------------------------------            ---------------------------------\n\nTitle: Executive VP                        Title: Division Manager\n       ----------------------------               ------------------------------\n\nDate: 5\/28\/96                              Date: 6\/17\/96\n      -----------------------------              -------------------------------\n\n \n                           CONTRACT TARIFF NO. XXXX\n\n                                  TITLE PAGE\n\n\nThis Contract Tariff applies to AT&amp;T Private Line Services consisting of:\nDomestic ACCUNET Spectrum of Digital Services, Domestic ACCUNET T1.5 Service,\nDomestic ACCUNET T32 Service, Domestic ACCUNET T45 Service, Domestic ACCUNET\nFractional T45 Service, Domestic DATAPHONE Digital Services, InterSpan Frame\nRelay Service and AT&amp;T Local Channel Services for interstate or foreign\ncommunications in accordance with the Communications Act of 1934, as amended.\n\nTelecommunication services provided under this Contract Tariff are furnished by\nmeans of wire, radio, satellite, fiber optics or any suitable technology or\ncombination of technologies.\n\n                                      -2-\n\n \n                           CONTRACT TARIFF NO. XXXX\n\n                                  CHECK SHEET\n\nThe Title Page and Pages 1 through 15 inclusive of this tariff are effective as\nof the date shown.\n\n                               TABLE OF CONTENTS\n\n\n                                                                   Page\n                                                                   ----\n                                                                \nCheck Sheet                                                           1\nList of Concurring, Connecting and Other Participating Carriers       1\nExplanation of Symbols Coding of Tariff Revisions                     1\nTrademarks and Service Marks                                          2\nExplanation of Abbreviations                                          2\nContract Summary                                                      3\n\n\nLIST OF CONCURRING, CONNECTING AND OTHER PARTICIPATING CARRIERS\n\nConcurring Carriers - NONE\n\nConnecting Carriers - NONE\n\nOther Participating Carriers - NONE\n\nEXPLANATION OF SYMBOLS - Coding or Tariff Revisions\n\nRevisions to this tariff are coded through the use of symbols. These symbols\nappear in the right margin of the page. The symbols and their meanings are:\n\nR - to signify reduction.\nI - to signify increase.\nC - to signify changed regulation.\nT - to signify a change in text but no change in rate or regulation.\nS - to signify reissued matter.\nM - to signify matter relocated without change.\nN - to signify new rate or regulation.\nD - to signify discontinued rate or regulation.\nZ - to signify a correction,\n\nOther marginal codes are used to direct the tariff reader to a footnote for\nspecific information. Codes used for this purpose are lower case letters of the\nalphabet, e.g., x, y and z. These codes may appear beside the page revision\nnumber in the page header or in the right margin opposite specific text.\n\n                                      -3-\n\n \nTRADEMARKS AND SERVICE MARKS - The following marks, to the extent, if any, used\nthroughout this tariff, are trademarks and service marks of AT&amp;T Corp.\n\n               Trademarks                Service Marks\n               ----------                -------------\n               None                      ACCUNET\n                                         DATAPHONE\n                                         InterSpan\n\n\nEXPLANATION OF ABBREVIATIONS\n\nAdm. - Administrator\nIOCS - Inter Office Channels\nkbps - kilobits per second\nMbps - Megabits per second\n\n                                      -4-\n\n \n                           CONTRACT TARIFF NO. XXXX\n\n1.   Services Provided:\n\n     A.   AT&amp;T private Line Services (AT&amp;T Tariff F.C.C. No. 9) consisting of:\n\n          1.   Domestic ACCUNET Spectrum of Digital Services (ASDS)\n          2.   Domestic ACCUNET T1.5 Service\n          3.   Domestic ACCUNET T32 Service\n          4.   Domestic ACCUNET T45 Service\n          5.   Domestic ACCUNET Fractional T45 Service\n          6.   Domestic DATAPHONE Digital Services(DDS)\n\n     B.   AT&amp;T Local Channel Services (AT&amp;T Tariff F.C.C. No. 11)\n\n     C.   AT&amp;T InterSpan Frame Relay Services (FRS) (AT&amp;T Tariff F.C.C. No. 4)\n\n1.1. Initial Quantities - The Initial Quantities of AT&amp;T Private Line and Local\nChannel Service components are as follows:\n\n     A.   AT&amp;T Private Line Services\n \n[*]ACCUNET T1.5 IOC's with an average mileage of more than [*] miles.\n \n[*]ACCUNET T1.5 M-24 Multiplexing Office Function.\n \n[*]ACCUNET T45 Service IOC with an average mileage of less than [*] miles\n \n[*]ACCUNET T45 Service Access Connections\n \n     B.   AT&amp;T Local Channels and associated service components\n \n[*]kbps ACCUNET Generic Digital Access Local Channel Services with an average\nmileage of more than [*] miles.\n \n[*]Terrestrial 1.544 Mbps Local channel Services with an average mileage of\nmore than [*] miles.\n \n[*]AT&amp;T Terrestrial 45 Mbps Local channel Services with an average mileage of\nless than [*] miles.\n\n------------------------------\n\n     [*]Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n                                      -5-\n\n \n[*]AT&amp;T Terrestrial 45 Mbps Local Channel Services Access Coordination\nFunctions\n \n     C.   AT&amp;T InterSpan Frame Relay Services\n \n[*]128 kbps FRS Domestic Ports\n[*]256 kbps FRS Domestic Ports\n[*]384 kbps FRS Domestic Ports\n[*]512 kbps FRS Domestic Ports\n[*]768 kbps FRS Domestic Ports\n[*]1544 kbps FRS Domestic Ports\n[*]56\/64 kbps FRS Domestic Two-Way Permanent Virtual Circuits (PVCs)\n[*]128 kbps FRS Domestic Two-Way PVCs\n[*]192 kbps FRS Domestic Two-Way PVCs\n[*]256 Kbps FRS Domestic Two-Way PVCs\n[*]384 Kbps FRS Domestic Two-Way PVCs\n\n2.   Contract Term; Renewal Options - The term of this Contract Tariff is 3\nyears beginning with the Customer's Initial Service Date (CISD). No renewal\noption is available for this Contract Tariff.\n\n3.   Minimum Commitments Charges\n\n     A.   AT&amp;T Private Line and Local Channel Services - The combined\nundiscounted Minimum Monthly Revenue Commitment (MMRC) for the AT&amp;T Private Line\nand Local Channel Services provided under this Contract Tariff is [*] per month,\nwhich will be satisfied by undiscounted recurring charges for Multi-Service\nVolume Pricing Plan (MSVPP) eligible service components as specified in AT&amp;T\nTariff F.C.C. Nos. 9 and 11, as amended from time to time, excluding the ACCUNET\nT45 Services specified in Section 4.A.3., following. If in any month the\nCustomer fails to meet the combined MMRC, the Customer will be billed [*] less\nan amount equal to the discounts associated with the MSVPP MMRC of [*] for 3\nyears as specified in AT&amp;T Tariff F.C.C. Nos. 9 and 11, as amended from time to\ntime, multiplied by the undiscounted recurring Rates and undiscounted recurring\nCharges for the service components in service for that month.\n\n     B.   AT&amp;T InterSpan Frame Relay Services - The undiscounted Minimum Monthly\nRevenue Commitment (MMRC) for the FRS provided under this Contract Tariff is [*]\nwhich will be satisfied by including undiscounted Frame Relay Volume Price Plan\n(FRVPP) Eligible FRS Charges as specified in AT&amp;T F.C.C. Tariff No. 4, as\namended from time to time, using the rates and charges as specified in Section\n7., following. If the sum of the FRVPP Eligible FRS Charges in any month is\nequal to or greater than the MMRC, the Customer will be billed the sum of the\nFRVPP Eligible FRS Charges less the discount specified in Section 5.C,\nfollowing. If the sum of the FRVPP Eligible FRS charges in any\n\n----------------------------\n\n     [*]Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n                                      -6-\n\n \nmonth falls below the MMRC, the Customer will be billed an amount equal to the\nMMRC less an amount obtained by applying the discount as specified in Section\n5.C, following, to the sum of the FRVPP Eligible FRS Charges.\n\n     In addition, if in any month the Customer's FRVPP Eligible FRS Charges\nexceed the MMRC for that month, the amount greater than the MMRC may be applied\nto satisfy the MMRC in any subsequent month in which the IRVPP Eligible FRS\nCharges are less than the MMRC. Throughout the Contract Tariff Term, no more\nthan [*] of such excess may be applied in any one month, and no more than [*] of\nsuch excess may be applied in total for the Contract Tariff Term.\n\n4.   Contract Price\n\n     A.   AT&amp;T Private Line and Local Channel Services\n\n          1.   The Contract Price for the AT&amp;T Private Line Services provided\nunder this Contract Tariff is the same as The undiscounted Recurring and\nNonrecurring Rates and Charges specified in AT&amp;T Tariff F.C.C. No. 9, as amended\nfrom time to time. The Discounts specified in Section 5., following, will be\napplied to the MSVPP-eligible undiscounted recurring Charges.\n\n          2.   The Contract Price for the AT&amp;T Local Channel Services provided\nunder this Contract Tariff is the same as the undiscounted Recurring and\nNonrecurring Rates and Charges specified in AT&amp;T Tariff F.C.C. No. 11, as\namended from time to time. The Discounts specified in Section 5., following,\nwill be applied to the MSVPP-eligible undiscounted recurring Charges.\n\n          3.   The Contract Price for the 1 ACCUNET T45 Service IOC with an\naverage mileage of less than 228 miles. 2 ACCUNET T45 Service Access\nConnections, 2 AT&amp;T Terrestrial 45 Mbps Local Channel Services with average\nmileage of less than 8 miles and 2 AT&amp;T Terrestrial 45 Mbps Local Channel\nServices Access Coordination Functions is [*] for the Contract Tariff Term and\nwill be billed at [*] per month. The Discounts specified in Section 5,\nfollowing, do not apply to this amount.\n\n          4.   The Contract Price to add or delete the AT&amp;T Private Line\nServices provided under this Contract Tariff is the same as the undiscounted\nRecurring and Nonrecurring Rates and Charges specified in AT&amp;T Tariff F.C.C. No.\n9, as amended from time to time. The Discounts specified in Section 5.,\nfollowing, will be applied to the MSVPP-eligible undiscounted recurring Charges.\nNonrecurring Charges do not apply to the deletion of AT&amp;T Private Line Services.\n\n          5.   The Contract Price to add or delete the AT&amp;T Local Channel\nServices provided under this Contract Tariff is the same as the undiscounted\nRecurring and Nonrecurring Rates and\n\n-------------------------\n\n    [*]Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n                                      -7-\n\n \nCharges specified in AT&amp;T Tariff F.C.C. No. 11, as amended from time to time.\nThe Discounts specified in Section 5., following, will be applied to the MSVPP-\neligible undiscounted recurring Charges. Nonrecurring Charges do not apply to\nthe deletion of AT&amp;T Local Channel Services.\n\n     B.   AT&amp;T InterSpan Frame Relay Services\n\n          1.   The Contract Price for the FRS provided under this Contract\nTariff is the same as the undiscounted Recurring and Nonrecurring Rates and\nCharges for FRS as specified in Section 7., following. The Discounts specified\nin Section 5.C, following, will be applied to the FRVPP Eligible FRS Charges.\n\n          2.   The Contract Price to add or delete the FRS provided under this\nContract Tariff is the same as the undiscounted Recurring and Nonrecurring Rates\nand charges for FRS as specified in Section 7., following. The Discounts\nspecified in Section 5.c, following, will be applied to the FRVPP Eligible FRS\nCharges.\n\n5.   Discounts - The following discounts are the only discounts for the Services\nProvided under this Contract Tariff. No other discounts apply. Except as\nspecified below, the Base Discounts are the same discounts as specified in the\nAT&amp;T tariffs referenced in Section 1, preceding as amended from time to time.\n\n     A.   AT&amp;T Private Line Services\n\n          1.   Base Discounts -  [*].\n\n          2.   Additional Discounts - [*] .\n\n     B.   AT&amp;T Local Channel Services\n\n          1.   Base Discounts - [*] .\n\n          2.   Additional Discounts - [*] .\n\n     C.   AT&amp;T InterSpan Frame Relay Services - [*] .\n\n          1.   Base Discounts - [*] .\n\n\n\n------------------------------\n\n    [*]Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n                                      -8-\n\n \n5.C. AT&amp;T InterSpan Frame Relay Services (continued)\n\n     [*].\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n--------------------------\n\n    [*]Certain information in this exhibit has been omitted and filed\nseparately with the Securities and Exchange Commission. A total of 1 page\ncontaining such information has been omitted from this exhibit. Confidential\ntreatment has been requested with respect to the omitted portions.\n\n                                      -9-\n\n \n6.   Classification, Practices and Regulations\n\n     A.   Except as otherwise provided in this Contract Tariff, the rates and\nregulations that apply to the Services Provided specified in Section 1.,\npreceding, are as set forth in the AT&amp;T tariffs that are referenced in Section\n1., preceding, as such tariffs are amended from time to time.\n\n     B.   Monitoring Conditions - Beginning in the first month following the\nCISD, the Customer must maintain throughout the Contract Tariff Term 1 ACCUNET\nT45 IOC with an average mileage of less than 228 miles, 2 ACCUNET T45 Access\nconnections, 2 T45 Local channels with an average mileage of less than 8 miles\nand 2 T45 Access Coordination Functions, as specified in Section 4.A.3.,\npreceding.\n\n     If the Customer fails to maintain the service quantities as specified above\nthe Customer will be billed [*] per month for the remaining months of the\nContract Tariff term.\n\n     C.   Promotions, Credits and Waivers\n\n     The Customer is ineligible for any promotions, credits or waivers for the\nServices Provided under this Contract Tariff, which are filed or which may be\nfiled in the AT&amp;T tariffs specified in Section 1., preceding.\n\n1.   AT&amp;T InterSpan Frame Relay, Private Line and Local Channel Services\n\n       [*]\n\n     D.   Discontinuance - In lieu of any Discontinuance With or Without\nLiability provisions that are specified in the AT&amp;T Tariffs referenced in\nSection 1., preceding, the following provisions shall apply.\n\n     The Customer may discontinue this Contract Tariff prior to the end of the\nContract Tariff Term, provided the Customer replaces this Contract Tariff with\nanother AT&amp;T Contract Tariff including AT&amp;T Tariff F.C.C. Nos. 4 InterSpan Frame\nRelay Services and AT&amp;T Tariff F.C.C. Nos. 9 and 11 Private Line and Local\nChannel Services, with a term commitment that is equal to or longer than the\nremaining term commitment under this Contract Tariff, but not less than three\nyears and MMRCs that are equal to or greater than the MMRCs under this Contract\nTariff. In addition, the Customer may\n\n------------------------------\n\n    [*]   Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n                                     -10-\n\n \ndiscontinue this Contract Tariff without liability upon 30 days written notice\nto AT&amp;T after the 25th month following the CISD if the total of the undiscounted\nFRVPP Eligible FRS charges and MSVPP-eligible AT&amp;T Tariff F.C.C. Nos. 9 and 11\ncharges, excluding the ACCUNET T45 Services specified in Section 4.A.3.,\npreceding under this Contract Tariff [*].\n\n     If the Customer discontinues this Contract Tariff for any reason other than\nspecified above prior to the expiration of the Contract Tariff Term, a\nTermination Charge will apply. The Termination Charge for AT&amp;T Private Line,\nLocal Channel and InterSpan Frame Relay Services will be an amount equal to [*].\n\n     E.   Availability - This Contract Tariff has been developed for Customers\nwho: (1) have an existing AT&amp;T Local Channel Service Access Value Plan for at\nleast 160 AT&amp;T Terrestrial 1.544 Mbps Local channels, (2) do not have existing\n56 kbps FRS Domestic or U.S. Global Ports and (3) will order this Contract\nTariff only once, either by the Customer or any Affiliate of the Customer, which\nis any entity that owns a controlling interest in either the Customer or an\nAffiliate of the Customer, or any entity in which a controlling interest is\nowned by either the Customer or an Affiliate of the Customer. This Contract\nTariff is available to any similarly situated Customer who orders service within\n90 days after the effective date of this Contract Tariff for initial\ninstallation of the Services Provided under this Contract Tariff within 90 days\nafter the date ordered.\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n----------------------------------\n\n     [*]Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n                                     -11-\n\n \n7.   Stabilized Rates\n\n     A.   AT&amp;T InterSpan Frame Relay Service - The following is provided to show\nthe AT&amp;T InterSpan Frame Relay Service rates that apply in lieu of the rates in\nAT&amp;T Tariff F.C.C. No. 4 for the following service components for this Contract\nTariff.\n\n     [*]\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n-------------------------\n\n     [*]  Certain information in this exhibit has been omitted and filed\nseparately with the Securities and Exchange Commission. A total of 6 pages\ncontaining such information has been omitted from this exhibit. Confidential\ntreatment has been requested with respect to the omitted portions.\n\n                                     -12-\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[6783,7174],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9613,9620],"class_list":["post-42191","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-at-t-corp","corporate_contracts_companies-concentric-network-corp","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-operations","corporate_contracts_types-operations__services"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42191","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42191"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42191"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42191"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42191"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}