the property of Consolidated Communications or its suppliers. Such Consolidated
Communications Facilities must be returned to Consolidated Communications by the Customer,
whenever requested, within a reasonable period following the request in as good condition as
when provided, reasonable wear and tear being excluded.
3.3. Consolidated Communications’ provision of Service is subject to authorization to operate in the
jurisdiction(s) where the Service is provided. The obligation of Consolidated Communications to
provide Service is dependent upon its ability to provide, procure, construct, and/or maintain the
Consolidated Communications Facilities that are required to meet Customer’s order for Service.
Consolidated Communications will make all commercially reasonable efforts to secure the
necessary Consolidated Communications Facilities, providing the foregoing are reasonably
available and the provision of the Service will not adversely affect Consolidated Communications’
other services or the offering of the Service to other customers.
3.4 Consolidated Communications reserves the right to perform network upgrades, maintenance,
updates and modifications at such times as are determined by Consolidated Communications as
required to maintain the Service performance. Consolidated Communications will make
commercially reasonable efforts to perform these upgrades, maintenance, updates and
modifications during the hours of 11 PM and 7 AM local time and to provide notice to Customer.
Consolidated Communications reserves the right to perform upgrades, maintenance, updates and
modifications at any time, in its discretion, when it believes such unscheduled maintenance is
necessary to maintain Service or performance of the Consolidated Communications Facilities.
3.5 Except as set forth in a Schedule and/or separate Service Level Agreement, Consolidated
Communications is not subject to any performance intervals, performance measurements,
performance credits, penalty payments or the like associated with the performance of this
Agreement.
3.6 Common carrier interstate services that may be used with the Service will be provided pursuant to
tariff rates, terms, and conditions of applicable tariffs or separate agreement. In the event a
regulatory agency or the courts re-impose common carrier regulation for the Service as provided
herein, the rates, terms and conditions for this Service will automatically revert to tariff rates,
terms and conditions without an amendment.
3.7. The use and restoration of Service during emergency conditions will be performed consistent with
applicable federal, state, local, or foreign law, statute, rule, regulation, ordinance, cade, judicial
decision or other governmental order, decree, or requirement (“Laws”).
Service Period, Customer shall purchase the Service identified in the applicable Schedule(s) for the
period of time stated in the Schedule(s) (“Service Period”). Unless otherwise stated in the Schedule(s),
the Service Period will begin when any work or installation of Consolidated Communications Facilities
needed to provide the Service is completed and the Service is available to the Customer for use. At the
end of the Service Period, unless otherwise stated in a Schedule, the terms and conditions set forth herein
will continue on a month-to-month basis in full force and effect until a new agreement is entered into or
the Service is terminated or cancelled in accordance with this Agreement (“Extended Service Period’.
Although the terms and conditions set forth herein will continue to apply, Consolidated Communications
may charge its then-current month-to-month rates for the Service during the Extended Service Period.
Following the expiration of the Service Period, either party may thereafter cancel this Agreement
without further liability by either party upon thirty (30) days prior written notice to the other party.
Charges, Customer is responsible for payment to Consolidated Communications, or to any entity
designated by Consolidated Communications as its collection agent, for all rates and charges set forth in
the corresponding Schedule(s) and associated with the Service, including any applicable early
termination or cancellation charges (“Charges”). This responsibility for payment of the Charges is not
changed by virtue of any use, misuse, abuse or fraudulent use of the Service by Customer, its agents,
