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??? ?? Confirmation of Service Order Egchange Dedicated Communications Services - Base Rate, Fractional DSl, DSl and DS3 Services This Confirmation of Service Order ("Order") serves as a confirmation of Customer's agreement to purchase BaseRate, DS1, Fractional DS1 or DS3 Service ("Service") under a term plan according to prices, quantiries, terms and conditions set forth herein and in the applicable Ameritech tariffs or catalogs. Rates: Monthly Charges are based on term plan rates in effect at the time Service is ordered, and are set forth on Page 2. During the term rate decreases, as applicable, will automatically be applied to the Monthly Charges. Rates will not increase above Monthly Charges set forth on page 2 for Service between the locations listed in this Order. Monthly Charges may change if a Service location is moved. Non-Recurring Gharges ("NRCs"), with the exception of the Clear Channel NRC will be waived if Customer selects a 36 month or greater term plan in this Order. Term and Expiration: The Service term is the term plan selected by Customer on Page 2. Upon expiration of the Service term, the Monthly Charges will revert to the prevailing month-to-month rates(1) unless Customer renews the term plan or terminates Service prior to completion of the Service term. Upon renewal new Monthly Charges will be applied based on rates in effect at that time. Term Plan Change: Prior to the completion of the selected Service term plan, Customer may renew or change to a different term plan without incurring early termination charges, provided the new term plan (i) is for an equal or greater nuxnber of circuits than the number ordered herein and (ii) is greater in length than the months remaining on the Service term plan ordered herein. Monthly Charges for the new term plan will be based on rates in effect at the time the new plan is ordered. Service Upgrade: Customer may upgrade Service to a higher speed Ameritech DS 1, DS3 or SONET Service or to the same or higher speed Ameritech Protect Path Service (the "Upgraded Service") without incurring early termination charges; provided that the Upgraded Service is (i) under a term plan that is equal to or greater in length than the number of months remaining in the term plan ordered herein and (ii) is installed between the locations herein. NRCs will app]y to the LTpgraded Service. Move: During the term plan, the customer may move one Local Distribution Channel of a circuit to another locarion in the same LATA and keep the term plan in effect. Certain NRCs will apply for circuit redesign, central office tesring, and customer connecrion. New mileage charges will be applied if the new location is served aut of a different central office. If the customer moves both ends of the service concunently, Customer wiil be liable for an early termination charge. Early Ternunation: In the event Customer temunates the Service in whole or in part prior to the expiration of the term plan (except as otherwise pernutted in this Order), Customer will be liable for an early temunation charge, which will be equal to the amount of savings Customer received while the Service was installed. The charge will be calculated as follows: a. Deternune the difference between the monthly rates (in effect at the time of termination), for the term plan Customer would have completed(2) and Customer's Monthly Charges at the rime of termination; b. Mulriply the difference by the number of months Service was installed; and c. Add any NRCs which were originally waived. Termination of the Service within the first (12) months will be subject to an additional charge which will be calculated as follows: Take 40 percent(3) of the 12 month rates (in effect at the rime of terminarion), and multiply by the number of months remaining in the first year of the term plan. Assignment: Customer shall not assign or otherwise transfer any rights or obligations under this Order without prior written consent of Ameritech, which consent shall not be unreasonably withheld or delayed. Any such assignment without prior written consent of Ameritech shall be void. LiabiIity: The liability of Ameritech its affiliates, successors, agents or "assigns" for damages fram Service interruptions or defects shall not exceed the prorata amount of Monthly Charges for the time Service was affected. Tariffs: In the event of conflict or discrepancy between provisions of this Order and provisions of the applicable tariff or catalog, the provisions of the tariff or catalog will prevaii. This Order and the applicable tariffs or catalogs are the complete agreement of the parties and supersede any discussians, representation, or proposals, written or oral, concerning the Service. Jurisdicrion: Based on FCC Rules and Regulations, the attached pricing is offered via the respective Ameritech state tariff and is based on customer acknowledgement and certification to the company that total interstate traffic on the circuit(s) constitutes 10% or less of the total traffic on the service. 1 Monthly extensiori rates will apply for DS3 Service. 2 If temunarion occurs within the first year, 12 month rates will apply. 3 For DS3 Service, 85 percent will apply. March 2002 Page 1 of 2