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� 1U.1'S Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the ' <br /> Services provided under this Agreement. Except as provided in Section 2.3 (Software), this Agreement supersedes all other <br /> agreements, proposals, representations, statements or understandings,whether written or oral, concerning the Services or the <br /> rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be <br /> modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions <br /> or purchase order forms not expressly set forth in this Agreement. <br /> 11. DEFINITIONS <br /> The following terms have the meanings set forth below: <br /> "Affiliate"of a party means any entity that controls, is controlled by, or is under common control with, such party. <br /> "Damages"means collectively all injury, damage, liability, loss, penalty, interest and expense incurred. <br /> "Effective Date" means, for any Pricing Schedule, the date on which the last party signs the Pricing Schedule unless a later <br /> date is required by regulation or law. <br /> "MARC-Eligible Charges" means, unless the applicable Pricing Schedule indicates otherwise, the recurring and usage <br /> charges, after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for <br /> the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible <br /> Charges: (a) charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in <br /> connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 <br /> and deaf relay charges). <br /> "Minimum Payment Period" means, in respect to any Service, the minimum period for which Customer is required to pay <br /> recurring charges for the Service, as specified in the Pricing Schedules or Service Publication for that Service. , <br /> "Minimum Retention Period" means, in respect to any Service,the period of time for which Customer is required to maintain ' <br /> service to avoid the payment of certain credits, waived charges, or unpaid amortized charges, all as specified in the Pricing , <br /> Schedule or Service Publication for that Service. �, <br /> "Service Component"means an individual component of a Service provided under this Agreement. <br /> "Site" means Customer's physical location, including Customer's collocation space on AT&T's, its Affiliate's, or subcontractor's <br /> property,where AT&T installs or provides a Service. <br /> ua_ver_i.doc UA VER I 07/14/08 I <br /> AT8�T and Customer Confidential Information �I <br /> Page 9 of 9 <br /> eCRM ID <br />