Table of Contents:
	Definitions and Applicability		Compliance with Legal and Regulatory Constraints and Confidential/Proprietary Information
	Supplies		Indemnification and Limitation of Liability
	Equipment		Authority and Choice of Law
	Motor Vehicles		Assignment and Entire Agreement
	Network Capacity		Counter Parts and Termination
	Personnel		Survival of Obligations and Force Majeure
	Billing and Legal Point of Contact		Order of Precedence and Cooperation
	Safety		Effective Date

6. Network Capacity

At the time the Requester determines the need to request Network Capacity from the Provider, the Requester NSEP Organization will identify to the Provider NSEP Organization the name, address, telephone and facsimile numbers of the POC for Network Capacity (hereinafter Requester POC for Network Capacity) from whom all requests for Network Capacity will originate. Likewise, the Provider NSEP Organization will identify to the Requester NSEP Organization the name, address, telephone and facsimile numbers of the POC for Network Capacity (hereinafter Provider POC for Network Capacity) who will be responsible for handling all requests for Network Capacity.

Network Capacity provided pursuant to this Agreement shall be subject to network management controls as deemed necessary by the Provider to protect the integrity of the Provider network.

Any transaction will require that the NSEP Organizations in each party to the transaction also identify to one another their POC for Legal and their POC for Billing.

1. Ordering — Only Network Capacity ordered by the Requester POC for Network Capacity from the Provider POC for Network Capacity shall be subject to the terms of this Agreement.

   1. Request — The Requester POC for Network Capacity will contact the Provider POC for Network Capacity with a written request for Network Capacity, specifying:

   • Type of Network Capacity being requested
   • Origination/termination point(s) of Network Capacity
   • Volume of capacity required
   • Method of interconnection
   • Required date and time
   • Anticipated duration of requirement
   • Deadline for responding to the request

   2. Response — The Provider POC for Network Capacity will respond to the Requester POC for Network Capacity with a signed written statement proposing either Unit Pricing or Cost Plus Pricing to include:

   • Network capacity which is available
   • Volume of Network Capacity available
   • Unit, Cost Plus or tariff price of Network Capacity
   • Anticipated availability date and time
   • Anticipated duration of availability

   The prices quoted by the Provider will include all costs which the Provider intends to recover from the Requester, such as:

   • Use of switch facilities
   • Use of transport facilities
   • Any new installation or special construction costs needed to provide Network Capacity
   • Administrative costs
   • License and permit fees required by the Provider to provide Network Capacity to the Requester
   • Cost to obtain regulatory waiver
   • Applicable taxes
   • Contribution

   The Provider POC will be responsible for obtaining the authorizing signature in the Provider organization as appropriate for the total dollar amount of the transaction and the approval of the appropriate regulatory authority.

   3. Confirmation — The Requester POC for Network Capacity will respond to the Provider POC for Network Capacity with a signed written confirmation accepting or rejecting the proposal in part or in total. The confirmation will include:

   • Network capacity to be provided
   • Volume of capacity to be provided
   • Concurrence with quoted price
   • Name and telephone number of the point(s)-of-contact in the network organization for making interconnection arrangements
   • Any other required shipping information

   The Requester POC will be responsible for obtaining the authorizing signature in the Requester organization as appropriate for the total dollar amount of the transaction and the approval of the appropriate regulatory authority.

2. Billing — Arrangements, terms and conditions for billing will be negotiated by the Requester and Provider POCs for Billing. The Provider invoice should generally reflect the confirmation document with the Unit Price or the itemized details of the Cost Plus Price such as:
   
   
• Network capacity provided
• Number of units of Network Capacity provided
• Price as agreed to during the ordering process
• Total amount due from the Requester

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