{"id":42883,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/support-services-agreement-concentric-network-corp-and-mci.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"support-services-agreement-concentric-network-corp-and-mci","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/support-services-agreement-concentric-network-corp-and-mci.html","title":{"rendered":"Support Services Agreement &#8211; Concentric Network Corp. and MCI Telecommunications Corp."},"content":{"rendered":"<pre> \n                          SUPPORT SERVICES AGREEMENT\n\nTHIS AGREEMENT is entered into as of this 31st day of March, 1997 by and\n                                          ----        -----             \nbetween CONCENTRIC NETWORK CORPORATION, located at 10590 N. TANTAU AVENUE,\nCUPERTINO, CALIFORNIA 95014 (hereinafter referred to as 'Customer') and MCI\nTELECOMMUNICATIONS CORPORATION, located at 1801 PENNSYLVANIA AVENUE, N.W.,\nWASHINGTON, D.C. 20006 (hereinafter referred to as 'MCI') and sets forth the\nterms and conditions under which Customer will provide MCI with certain\nEquipment under bailment and MCI will provide certain support services to\nCustomer on specified MCI premises (hereinafter referred to as the 'MCI Network\nLocation(s)').\n\nWHEREAS, MCI is desirous and capable of providing support services for certain\nCustomer-Provided Equipment which interconnects to MCI transmission services;\nand\n\nWHEREAS, Customer desires to have the Equipment supported by MCI in a designated\nportion of certain MCI Network Location(s), as set forth in Exhibit A of this\nagreement (hereinafter referred to as the 'Location and Equipment Summary'),\nwhich is attached hereto and made a part hereof; and\n\nWHEREAS, Customer and MCI (hereinafter referred to cumulatively as the 'Parties'\nand singularly as the 'Party') have agreed on the terms which shall govern the\nbailment and support of the Equipment as set forth in Exhibit B of this\nagreement (hereinafter referred to as the 'Statement of Work'), which is\nattached hereto and made a part hereof, and as set forth in Exhibit C of this\nagreement (hereinafter referred to as the 'Non-Recurring and Monthly Recurring\nPricing Summary'), which is attached hereto and made a part hereof;\n\nNOW, THEREFORE, in consideration of the mutual agreements and promises contained\nherein and for other good and valuable consideration, the receipt and\nsufficiency of which is hereby acknowledged, the Parties agree as follows:\n\nA.  UNDERTAKINGS\n\n1.  Customer will provide for the inside delivery of the Equipment at the MCI\nNetwork Location(s) as specified in the Location and Equipment Summary with\nproper and timely notification as specified in the Statement of Work.\n\n2.  Customer will install the Equipment at the MCI Network Location(s) as\nspecified in the Location and Equipment Summary in accordance with MCI and\nIndustry standards and practices as specified in the Statement of Work.\n\n3.  MCI will connect the Equipment to MCI services at the MCI Network\nLocation(s) as specified in the Location and Equipment Summary in accordance\nwith MCI standards and practices as specified in the Statement of Work.\n\n                               MCI Confidential\n\n                                       1\n\n \n4.  MCI will hold the Equipment in bailment for use only at the MCI Network\nLocation(s) as specified in the Location and Equipment Summary and only for the\npurposes contemplated herein.\n\n5.  During the term of the bailment, MCI shall provide space, power, testing,\nenvironment and other support services for the Equipment as set forth in the\nStatement of Work and MCI shall have no other responsibility for the Equipment.\n\n6.  Customer shall cooperate fully with MCI in the provision of these support\nservices and agrees to perform those activities identified as Customer\nResponsibilities in the Statement of Work.\n\nB.  TERM AND TERMINATION\n\n1.  The initial term of this Agreement shall commence on the first (1st) day of\nJanuary, 1997, shall continue for a period of five (5) years, and then shall\nterminate on the thirty first (31st) day of December, 2002.\n\n2.  This Agreement is binding when executed by Customer and subsequently\naccepted by MCI and once accepted by MCI, the rates and charges provided in this\nAgreement will be effective from the first day of the next billing cycle\nfollowing Customer's signature date (the 'Effective Date').\n\n3.  As of the Effective Date, that certain Support Services Agreement, between\nMCI and Sattel Communications L.L.C. governing the bailment of equipment and\nsupport services at the MCI premises located at One Wilshire Building, 624 South\nGrand Avenue, Suite 600, Los Angeles, California 90017, which was assigned to\nCustomer on August 7, 1996, shall be canceled without Customer incurring any\nliabilities other than the payment of any amounts due and owing from that\ncertain Support Services Agreement after December 31st, 1996.\n\n4.  Either Party may terminate this Agreement following the giving of ninety\n(90) calendar days prior written notice of termination to the other Party.\n\n5.  If Customer terminates this Agreement prior to the expiration of the initial\nfive (5) year term, Customer will pay MCI, in addition to all other charges\ndue, [*] per MCI Network Location, which amount shall represent liquidated\ndamages that Customer agrees are reasonable.\n\n6.  Customer shall remove its Equipment from the MCI Network Location(s) within\nten (10) calendar days of the termination of this Agreement and, if Customer\nfails to do so, MCI may itself remove the Equipment and store the same at\nCustomer's expense and at Customer's sole risk. Any expenditure by MCI for the\nremoval and storage of the Equipment shall bear interest at the lesser of\nFifteen percent (15%) per annum or the maximum rate permitted by law.\n\n                               MCI Confidential\n\n----------\n[*]Certain information on this page has been omitted and filed separately with\nthe Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n\n                                       2\n\n \n7.  The rights and duties in Article D, 'Warranty and Liability' shall survive\nthe termination of this Agreement.\n\nC.  FINANCIAL PROVISIONS\n\n1.  Customer shall pay MCI a non-recurring fee for Site Preparation, Additional\nAC or DC Power Circuits and Circuit Interconnection at each of the MCI Network\nLocation(s) as set forth in the Non-Recurring and Monthly Recurring Pricing\nSummary.\n\n2.  Customer shall pay MCI on a monthly recurring basis for Location Management\nFee(s), an Uninterruptable Power Supply (UPS) for 115V AC Power Circuits and for\nMCI First-Level Maintenance Support at each of the MCI Network Location(s) as\nset forth in the Non-Recurring and Monthly Recurring Pricing Summary.\n\n3. Customer shall pay MCI a one time charge of [*] per circuit when, at the\nCustomer's request, MCI provided cabling is added, moved or changed after the\ninitial Site Preparation work listed in the Equipment and Location Summary is\ncompleted by MCI. This charge is in addition to any other charges specified in\nthe applicable tariff or contract from the entity from which the facility or\nservice is obtained.\n\n4.  For equipment moves made pursuant to Customer's request, Customer shall pay\n[*] for each unit of Equipment this is moved to a different location within the\nsame MCI Network Location after the initial Site Preparation work listed in the\nEquipment and Location Summary is completed by MCI.\n\n5.  Customer shall pay directly or reimburse MCI, as applicable, for all taxes,\nduties, and similar liabilities which may result from this Agreement, or any\nsupport services specified hereunder, exclusive of taxes based on MCI's net\nincome.\n\n6.  All invoices shall be due and payable in U.S. dollars within thirty (30)\ncalendar days upon receipt as set forth in the Non-Recurring and Monthly\nRecurring Pricing Summary.\n\nD.  WARRANTY AND LIABILITY\n\n1.  MCI warrants that its undertakings hereunder shall be performed in a\nprofessional and workmanlike manner and that it will provide Support Services in\naccordance with this Agreement.\n\n                               MCI Confidential\n\n\n----------\n[*]Certain information on this page has been omitted and filed separately with\nthe Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n\n                                       3\n\n \nNO OTHER WARRANTIES ARE EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY\nWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.\n\n2.  Customer warrants that it has the unrestricted right to place the Equipment\nat MCI's Location(s) listed in the Location and Equipment Summary for the term\nof this Agreement.\n\n3.  Except as otherwise set forth herein, neither Party shall be deemed\nnegligent, at fault or liable in any respect to the other for any delay,\ninterruption or failure in performance hereunder resulting from fire, flood,\nwater, the elements, explosions, acts of God, war, accidents, labor disputes,\nstrikes, shortages of equipment or suppliers, unavailability of transportation\nor other cause beyond the reasonable control of the Party delayed or prevented\nfrom performing.\n\n4.  Except to the extent the same is caused solely by the gross negligence or\nwillful misconduct of MCI, its authorized agents or employees, Customer shall\nindemnify and hold harmless MCI, its agents, contractors and employees from and\nagainst any and all claims, liability, damage, loss, or expense (including\nattorney's fees) including injury or death to persons, or damages to property,\nboth real and personal, which may arise out of: (a) the presence of Customer's\nunit(s) of Equipment, employees, contractors or agents on MCI's premises; (b)\nthe installation, operation, maintenance or removal of the Customer's unit(s) of\nEquipment from MCI's premises; (c) any inherent defects in the Customer's\nunit(s) of Equipment.\n\n5.  Customer shall indemnify and hold harmless MCI, its agents, contractors and\nemployees from and against any and all claims, liability, damage, loss, or\nexpense (including attorney's fees) including injury or death to persons, or\ndamages to property, both real and personal, which may arise out of the\nnegligent or intentional acts or omissions of Customer, its agents, employees or\ncontractors.\n\n6.  MCI shall not be liable for any damages to the Equipment for any reason,\nexcept to the extent the same is caused solely by the gross negligence or\nwillful misconduct of MCI, its authorized agents or employees; provided,\nhowever, that in the event the Equipment while in the possession and control of\nMCI is either lost or so damaged as the result of MCI's gross negligence or\nwillful misconduct, the maximum liability of MCI for said Equipment shall not\nexceed the replacement value of the Equipment in a dismantled state, if repairs\nare impracticable, or, in the event said Equipment is repairable, the costs to\nrepair damage thereto.\n\n7.  In no event shall either Party be liable to the other for any indirect,\nincidental, special or consequential damages, including loss of revenue and\nprofits, even if aware of the possibility thereof.\n\n                               MCI Confidential\n\n                                       4\n\n \n8.  Notwithstanding anything to the contrary in this Agreement, MCI's liability\nto Customer <font size=\"2\">for any reason and upon any cause of action or claim in contract or\ntort, including without limitation breach of this Agreement or any warranty\nhereunder, regardless of form of action, shall not exceed the lesser of direct\ndamages proved or One (1) month's Location Management Fee.\n\n9.  THE LIMITATIONS SET FORTH IN THIS ARTICLE D APPLY TO ALL CAUSES OF ACTIONS\nOR CLAIMS IN THE AGGREGATE INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT,\nBREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER\nTORTS. FURTHER, NO CAUSE OF ACTION WHICH ACCRUED MORE THAN TWO (2) YEARS PRIOR\nTO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST\nMCI. CUSTOMER AND MCI EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND\nEXCLUSIONS CONTAINED HEREIN REPRESENT THE PARTIES' AGREEMENT AS TO THE\nALLOCATION OF RISK BETWEEN THE PARTIES IN CONNECTION WITH MCI'S OBLIGATIONS\nUNDER THIS AGREEMENT. THE PAYMENTS PAYABLE TO MCI IN CONNECTION HEREWITH REFLECT\nTHIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES IN THIS\nAGREEMENT.\n\nE.  ACCESS, TITLE AND INSURANCE\n\n1.  Customer, its agents, employees and contractors who, in MCI's discretion, do\nnot pose a security risk to MCI personnel or property, shall be permitted access\nto MCI Location(s) listed in the Location and Equipment Summary, to be\naccompanied at all times by an MCI escort, during normal business hours for the\npurpose of installing, operating, maintaining, repairing or removing the unit(s)\nof Equipment, after giving a reasonable advance notice to MCI, provided,\nhowever, that Customer agrees to comply with MCI's security regulations and\nother local site operating policies and procedures while on the MCI Network\nLocation for these express purposes. A reasonable advance notice as referenced\nabove shall be provided as follows: (a) a minimum of no less than seven (7)\ncalendar days notice for the purpose of installing, preparing or removing the\nEquipment; (b) a minimum of twenty-four (24) hours advance notice for routine\npreventive maintenance on the Equipment; (c) as soon as possible for the\nreporting of a network malfunction causing loss of service or a degraded\noperating condition in the Equipment.\n\n2.  The Parties agree that Customer is making the Equipment available hereunder\nas a bailment and that title to the Equipment will remain with Customer or\nCustomer's lessor and that MCI shall have no right, title or interest<\/font> therein,\nexcept as expressly provided in this Agreement. MCI will not impose liens,\nsecurity interests or encumbrances on the Equipment.\n\n                               MCI Confidential\n\n                                       5\n\n \n3.  The Parties agree not to move the Equipment to any other location prior to\nthe expiration of this Agreement without the other Party's prior written consent\nnor to make alterations in or affix attachments to the Equipment, except that\nCustomer may make those alterations or affix attachments to the Equipment as\nnecessary for Customer's networking requirements, provided Customer gives MCI\nadvance notice of no less than seven (7) days before making such changes to the\nEquipment, and that MCI may relocate the Equipment to another MCI Location for\nits convenience due to MCI's networking requirements.\n\n4.  In the event of such Equipment relocation for MCI's convenience, MCI agrees\nto pay all costs associated with the removal, moving, installation and\ndemarcation of such equipment, other than any direct or indirect costs, of any\nkind or nature, incurred by Customer for its vendors or technicians (whether\nemployees or independent contractors), including without limitation, travel and\nlodging expenses (if any) and salary or other payments for services rendered.\nCustomer understands that during such an Equipment relocation Customer will\nexperience a communications service outage while the Equipment is being\nrelocated.\n\n5.  Throughout the term of this Agreement, Customer shall obtain, maintain and\npay for: (i) all risk property insurance covering the Equipment; (ii)\ncomprehensive general liability (including products and completed operations\nliability and broad form property damage) insurance covering the Equipment and\nthe contractual liability of Customer under this Agreement in form and with\ninsurers reasonably satisfactory to MCI and with a minimum limit of Two Million\nDollars ($2,000,000) per occurrence for personal injury, bodily injury and\nproperty damage; (iii) Worker's Compensation with statutory benefits; (iv)\nEmployees Liability with a minimum limit of Five Hundred Thousand Dollars\n($500,000) per occurrence; and (v) automobile liability insurance with a minimum\nlimit of One Million Dollars ($1,000,000) per occurrence for bodily injury and\nproperty damage. All insurance policies required to be maintained by Customer\nunder this Agreement shall be with insurance companies licensed to do business\nin the states where the Equipment is located, reasonably satisfactory to MCI,\nand shall name MCI as an additional insured. Certificates of such insurance\n(showing payment of current premiums thereon) shall be delivered to MCI a\nminimum of ten (10) days prior to Equipment delivery with renewals thereof\ndelivered to MCI a minimum of ten (10) days prior to the expiration of any such\npolicies. Each policy shall contain an agreement by the insurer that such policy\nshall not be canceled without ten (10) days prior notice to MCI.\n\nCertificates of insurance should be mailed to:\n\n          MCI Telecommunications Corporation\n          Attn:  Risk Management\n          1801 Pennsylvania Avenue, N.W.\n          Washington, DC 20006\n\n                               MCI Confidential\n\n                                       6\n\n \nF.  CANCELLATION FOR CAUSE\n\n1.  In addition to any other rights of termination specified herein, either\nParty may terminate this Agreement upon three (3) days prior written notice to\nthe other in the event of:\n\n       A.  the other's failure to pay any amounts due hereunder and not duly\ncontested in good faith within ten (10) days after the receipt of the\nterminating Party's written notice of default concerning the same; or\n\n       B.  the other's failure to cure a material breach within thirty (30) days\nafter receipt of the terminating Party's written notice of default concerning\nthe same.\n\nG.  NOT A LEASE OR LICENSE\n\nCustomer understands and agrees that this Agreement is not intended to and shall\nnot be deemed to grant Customer any property rights in any of the MCI Network\nLocation(s) listed in the Location and Equipment Summary. In the event, however,\nthat this Agreement is construed by an MCI landlord to be such a grant for any\nof the MCI Network Location(s) listed in the Location and Equipment Summary,\nCustomer agrees to either enter into an agreement approved by MCI's landlord, or\nimmediately remove its Equipment upon request of MCI.\n\nH.  GENERAL\n\n1.  During the term of this Agreement, Customer shall employ MCI transmission\nservice(s) exclusively in connection with Customer Equipment located on MCI\npremises except as follows: (i) local access lines; and (ii) interconnection of\nCustomer Equipment located on MCI premises with other interexchange carriers\nwill be permitted solely to achieve route diversity, redundancy for disaster\nrecovery, or to accommodate Customer's need for a particular service not\nprovided by MCI. Route diversity will be allowed for a maximum of two (2)\ncircuits per diversely routed city pair. Customer shall have three hundred and\nsixty five (365) calendar days to migrate service from other interexchange\ncarriers to MCI service once comparable service is available from MCI. In all\ninstances where Customer believes it necessary to acquire transmission\nservice(s) from another carrier or carriers for termination in Customer's\nEquipment located on MCI premises, Customer shall advise MCI in advance prior to\nimplementing such service(s). Nothing contained in this paragraph shall be\ninterpreted to prevent MCI from exercising any of its termination rights under\nthis Agreement. It is further understood that MCI reserves the right to cancel\nthis Agreement should Customer cease to interconnect the Equipment to MCI\ntransmission service(s).\n\n                               MCI Confidential\n\n                                       7\n\n \n2.  It is understood that this Agreement is not intended to cover the terms\nunder which MCI provides any of its communications services to Customer.\n\n3.  This Agreement sets forth the entire understanding between the Parties with\nregard to the subject matter hereof and supersedes any prior discussions or\nrepresentations between them with respect thereto. All amendments to this\nAgreement shall be in writing and signed by both Parties.\n\n4.  Neither Party may use the name, trademark, service mark or Logo of the other\nParty in any advertising, news releases or in any other manner without the\nwritten consent of such Party.\n\n5.  Customer may not assign this Agreement or any of its rights hereunder\nwithout written consent by MCI, which shall not be unreasonably withheld.\n\n6.  All Equipment provided for MCI by Customer hereunder for use in connection\nwith MCI's communications services shall be deemed to be 'Customer-Provided\nTerminal Equipment' within the meaning of MCI's Tariff.\n\n7.  The relevant rights and obligations of the parties shall survive the\ntermination of this Agreement.\n\n8.  All notices, requests, demands or communications required or permitted\nhereunder shall be in writing, delivered personally or by telex, telegram, MCI\nMail, or certified, registered, or express mail at the respective addresses set\nforth below (or at such other addresses as shall be given in writing by either\nParty to the other). All notices, requests, demands or communications shall be\ndeemed effective upon personal delivery or on the calendar day following the\ndate of the telex, telegram, or MCI Mail, or when received if sent by registered\ncertified or express mail.\n\nIf to MCI:       MCI Telecommunications Corporation\n                 201 Spear Street\n                 San Francisco, California 94105\n                 FAX:  \n                 Attn: Law and Public Policy\n\nWith a copy to:  MCI Telecommunications Corporation\n                 6601 Centre Drive West\n                 Suite 200\n                 Los Angeles, California 90045\n                 FAX:  \n                 Attn: Branch Sales Manager\n\n                               MCI Confidential\n\n                                       8\n\n \nIf to Customer:  Concentric Network Corporation\n                 10590 N. Tantau Avenue\n                 Cupertino, California 95014\n                 FAX:  (408) 342-2810\n                 Attn: Chief Financial Officer\n\n9.  This Agreement shall be governed and interpreted in accordance with the\ndomestic laws of the State of New York. Any dispute arising out of or related to\nthis Agreement, which cannot be resolved by negotiation, shall be settled by\nbinding arbitration in accordance with the J.A.M.S.\/ENDISPUTE Arbitration Rules\nand Procedures ('Endispute Rules'), as amended by this Agreement. The costs of\narbitration, including the fees and expenses of the arbitrator, shall be shared\nequally by the parties unless the arbitration award provides otherwise. Each\nparty shall bear the cost of preparing and presenting its case. The parties\nagree that his provision and the arbitrator's authority to grant relief shall be\nsubject to the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ('USAA'),\nthe provisions of this Agreement and the ABA-AAA Code of Ethics for Arbitrators\nin Commercial Disputes. The parties agree that the arbitrator shall have no\npower or authority to make awards or issue orders of any kind except as\nexpressly permitted by this Agreement, and in no event shall the arbitrator have\nthe authority to make any award that provides for punitive or exemplary damages.\nThe arbitrator's decision shall follow the plain meaning of the relevant\ndocuments, and shall be final and binding. The award may be confirmed and\nenforced in any court of competent jurisdiction. All post-award proceedings\nshall be governed by the USAA.\n\n                               MCI Confidential\n\n                                       9\n\n \nACCEPTED AND AGREED TO:\n \nCONCENTRIC NETWORK                        MCI TELECOMMUNICATIONS\nCORPORATION                               CORPORATION\n \n \nBy:   \/s\/ John Peters                     By:   \/s\/ Edward W. Smith           \n      ---------------------                     -----------------------\n \nName:     JOHN PETERS                     Name:     EDWARD W. SMITH             \n      ---------------------                     -----------------------\n       \nTitle:    EVP                             Title:    EXECUTIVE DIRECTOR\/\n      --------------------                          CONTROLLER, FINANCE\n                                                -----------------------\nDate:    3\/31\/97                          Date:     04\/24\/97                  \n      --------------------                      -----------------------\n \n                               MCI Confidential\n\n                                       10\n\n \n                                                                    Page 1 of 30\n                                                                         -    --\n                                   EXHIBIT A\n                         LOCATION AND EQUIPMENT SUMMARY\n\n\n                                     [*]\n\n\n\n\n\n[*] Certain information in this exhibit has been omitted and filed separately \nwith the Securities and Exchange Commission. A total of 30 pages containing \nsuch information has been omitted from this exhibit. Confidential treatment has\nbeen requested with respect to the omitted portions.\n\n \n                                                                     Page 1 of 3\n                                                                          -    -\n                                   EXHIBIT B\n                               STATEMENT OF WORK\n\nMCI RESPONSIBILITIES:\n\nFurnish and install, as part of the Site Preparation, such equipment rack(s),\nsignal cabling, demarcation panel(s). AC power and DC power as requested by the\nCustomer to support the installation of the Equipment at the MCI Network\nLocation(s) specified in Exhibit A.\n\nUpon completion of Site Preparation, perform testing as MCI deems appropriate to\nverify proper operation of MCI provided signal cabling, associated demarcation\npanel(s) and AC power and DC power at the MCI Network Location(s) specified in\nExhibit A.\n\nProvide a central telephone number of the MCI Network Management Center (MNMC)\nto be used by Customer to report all troubles, schedule routine maintenance\nvisits, request First Level Maintenance and to request MCI technical support,\nshould the MCI Network Location be unmanned at time of Customer's request.\n\nMCI will perform 'First Level Maintenance' on the Equipment only at the\ndirection of Customer or its designated vendor at the MCI Network Location(s)\nspecified in Exhibit A.\n\nMCI performed 'First Level Maintenance' on the Equipment is defined as follows:\n\n     a.  At the direction of the Customer or its designated vendor report any\n     visual or audio alarms on the Equipment at the MCI Network Location(s)\n     specified in Exhibit A.\n\n     b.  At the direction of the Customer or its designated vendor, rebooting\n     and\/or restarting the Equipment at the MCI Network Location(s) specified in\n     Exhibit A by pressing of readily accessible buttons or switches.\n\n     c.  At the direction of the Customer or its designated vendor, replace\n     Equipment modules and\/or cards with on site Customer provided spare modules\n     and\/or cards at the MCI Network Location(s) specified in Exhibit A.\n\nOrder, maintain and provide routine and emergency maintenance on MCI services up\nto the designated MCI demarcation point located in the Equipment at the MCI\nNetwork Location(s) specified in Exhibit A.\n\n                               MCI Confidential\n\n                                       1\n\n \n                                                                     Page 2 of 3\n                                                                          -    -\n\n                                   EXHIBIT B\n                               STATEMENT OF WORK\n\n\nMCI RESPONSIBILITIES: (CONTINUED)\n\nProvide the necessary facilities to provide Customer with the proper\ntransmission quality as stated in the MCI Tariff and\/or other agreements by and\nbetween the Parties at the MCI Network Location(s) specified in Exhibit A.\n\n\nCUSTOMER RESPONSIBILITIES:\n\nProperly stage all Equipment prior to shipment to the MCI Network Location(s)\nspecified in Exhibit A.\n\nArrange for inside delivery of Equipment with all labor, tools, and test\nequipment necessary to completely install and test the Equipment at the MCI\nNetwork Location(s) specified in Exhibit A.\n\nProvide MCI with one (1) week prior notice of Equipment delivery at the MCI\nNetwork Location(s) specified in Exhibit A.\n\nInstall, cable, power up, and test Equipment during such hours as determined by\nthe Site Manager of the MCI Network Location(s) specified in Exhibit A to\ndetermine proper operating performance before the acceptance of MCI transmission\nservices at the MCI provided demarcation in the Equipment and ensure that the\nEquipment provides the proper transmission quality to MCI.\n\nProvide overall network management and monitoring of the Equipment at the MCI\nNetwork Location(s) specified in Exhibit A.\n\nReport all troubles, schedule routine maintenance visits, request First Level\nMaintenance and request MCI technical support, should the MCI Network Location\nbe unmanned at time of Customer's request, through the MCI Network Management\nCenter (MNMC) for the Equipment at the MCI Network Location(s) specified in\nExhibit A.\n\nProvide routine preventive and emergency maintenance for the Equipment at the\nMCI Network Location(s) specified in Exhibit A.\n\nRetain spares as Customer or its designated vendor deem necessary within the\nEquipment at the MCI Network Location(s) specified in Exhibit A.\n\n                               MCI Confidential\n\n                                       2\n\n \n                                                                     Page 3 of 3\n                                                                          -    -\n\n                                   EXHIBIT B\n                               STATEMENT OF WORK\n\n\nCUSTOMER RESPONSIBILITIES: (CONTINUED)\n\nMaintain an accurate accounting of Equipment installed and spares at the MCI\nNetwork Location(s) specified in Exhibit A.\n\nProvide a receipt to MCI for all spares or Equipment removed from any of the MCI\nNetwork Location(s) specified in Exhibit A.\n\nProvide an accurate accounting all circuits installed to the Equipment at the\nMCI Network Location(s) specified in Exhibit A. including circuit type, city\npairs and signaling levels for each circuit installed.\n\nProvide MCI with a Customer contact list including names, home and office phone\nnumbers and pager numbers of key contacts and designated vendor(s) for the\nroutine maintenance and emergency repair of the Equipment at the MCI Network\nLocation(s) specified in Exhibit A.\n\nMake necessary arrangements to work cooperatively with MCI in the isolation of\ntroubles, including but not limited to, the provisioning of loopbacks and\ncooperative bit error rate testing at the Equipment at the MCI Network\nLocation(s) specified in Exhibit A.\n\nCustomer or its designated vendor shall not rearrange, disconnect, relocate,\nremove, modify or attempt to repair the signal cabling, demarcation panel(s), AC\npower and DC power provided by MCI, or permit others to do so, without prior\napproval of MCI at the MCI Network Location(s) specified in Exhibit A.\n\nIf MCI or Customer detects any noise or interference above the thresholds or\nlimits for EMI\/RFI that are established by the FCC by the Equipment placed at\nthe MCI Network Location(s) specified in Exhibit A, then it will be Customer's\nresponsibility to correct that interference to MCI's satisfaction immediately\nupon notification or detection.\n\nBear all costs associated with third party vendor efforts in disaster recovery\nof the Equipment at the MCI Network Location(s) specified in Exhibit A.\n\nProvide MCI with any necessary agency authorization as may be required for MCI\nto fulfill its obligations under this Support Services Agreement and the\nExhibits attached hereto and made a part hereof this Agreement.\n\n                               MCI Confidential\n\n                                       3\n\n \n                                                                    Page 1 of 13\n                                                                         -    --\n\n                                   EXHIBIT C\n              NON-RECURRING AND MONTHLY RECURRING PRICING SUMMARY\n\n                  PREPARED FOR CONCENTRIC NETWORK CORPORATION\n\n\n\n                                      [*]\n\n\n\n\n                               MCI Confidential\n\n----------\n[*]Certain information on this page has been omitted and filed separately with\n the Securities and Exchange Commission. A total of 13 pages containing such\n information has been omitted from this exhibit. Confidential treatment has been\n requested with respect to the omitted portions.\n\n\n\n                                       1\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7174,9361],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9613,9620],"class_list":["post-42883","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-concentric-network-corp","corporate_contracts_companies-worldcom-inc","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\/42883","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=42883"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42883"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42883"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42883"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}