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i., ?- AT&T Agreement Individual Case Basis Terms & Conditions For State Local Exchange Carrier Telco Services 9.8 Customer acknowledges and warrants that it lacks requisite regulatory authority such as Certificates of Public Convenience and Necessity ("CPCN") or other like authorization to resell services, and Customer is prohibited from reselling the Service provided pursuant to this Schedule to any other customers. However, Customer may make the Services provided hereunder available to its own subsidiaries or to legally affiliated entities. If Customer obtains regulatory authority to resell services and attempts to resell the Services provided hereunder, AT&T may, on ten days written notice, terminate any Schedule or portion of a Schedule for regulated local exchange telco Services in Califomia. 10. To the extent this Agreement relates to regulated Services provided in Ohio: 10.1 Inclusion of termination liability in this Agreement or any Pricing Schedule does not constitute a determination by the Public Utilities Commission of Ohio (PUCO) that the termination liability is approved or sanctioned. The Customer is free to pursue its legal remedies should a dispute arise. 10.2 Approval of limitation of liability language by the Public Utilities Commission of Ohio (PUCO) does not constitute a determination by the Commission that the limitation of liability imposed by the company should be upheld in a court of law. Approval by the Commission merely recognizes that since it is a court's responsibility to adjudicate negligence and consequential damage claims, it is also the court's responsibility to deterrnine the validity of the exculpatory clause. 10.3 In Ohio, Customer is not precluded from disclosing the terms and conditions of the Master Agreement or this Addendum or any Ohio Pricing Schedule to another entity. 11. ENTIRE AGREEMENT This Agreement (including Pricing Schedules and attachments) and the Tariff(s), are the entire and exclusive agreement befinreen the parties with respect to the subject matter hereof and supersedes all prior agreements, proposals or understandings, whether written or oral. This Agreement may not be modified except by a writing signed by both parties. End of Document CONF/DENT/AL /NFORMATION Excepf wifh respect to Services provided in Ohio, this agreement is for use by aufhorized emp/oyees of the parties hereto only and is not for general distribufion within or oufside their companies. Agreement for ICB State Local RBOC reg Exchange Telco Services Page 7 of 7 02/07/07 Iv9099