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� (fj • Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site where AT&T is to instail, maintain or
<br /> provide Services, AT&T may terminate the affected Service or Service Component, or suspend performance until
<br /> Customer removes and remediates Hazardous Materials at Customer's expense in accordance with applicable law.
<br /> 8.3 Withdrawal of Services. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to
<br /> Customer for a Pricing Schedule Term, and unless applicable law or regulation mandates otherwise, AT&T may discontinue
<br /> providing a Service upon 12 months' notice, or a Service Component upon 120 days' notice, but only where AT&T generally
<br /> discontinues providing the Service or Service Component to similarly—situated customers.
<br /> 8.4 Effect of Termination.
<br /> (a) Termination by either party of a Service does not waive any other rights or remedies a party may have under this
<br /> Agreement. Termination or suspension of a Service will not affect the rights and obligations of the parties regarding
<br /> any other Service.
<br /> (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of
<br /> termination. If Customer terminates a Service or Service Component prior to the date Customer's obligation to pay
<br /> for Services begins as provided in Section 4.3 (Billing), Customer will reimburse AT&T for time and materials
<br /> incurred prior to the effective date of termination, plus any third party charges resulting from the termination.
<br /> 8.5 Termination Charges.
<br /> (a) If Customer terminates this Agreement or an affected Service or Service Component pursuant to Sections 8.1
<br /> (Termination of Agreement), 8.2(b) (Material Breach), or 8.2(c) (Materially Adverse Change); AT&T terminates a
<br /> Service pursuant to Section 8.2(e) (Infringing Services), or AT&T withdraws a Service pursuant to Section 8.3
<br /> (Withdrawal of Services), Customer will not be liable for the termination charges set forth in Section 8.5(b).
<br /> (b) If Customer terminates a Service or Service Component other than as set forth in Section 8.5(a), or AT&T terminates
<br /> an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), or 8.2(a) (Fraud or
<br /> Abuse), 8.2(b) (Material Breach), 8.2(d) (Internet Services), or 8.2(� (Hazardous Materials), Customer will pay
<br /> applicable termination charges as follows: (i) if termination occurs before the end of the Minimum Payment Period,
<br /> Customer will pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring
<br /> charges for the terminated Service or Service Component multiplied by the months remaining in the Minimum
<br /> Payment Period, plus any waived or unpaid non-recurring charges identified in the Pricing Schedule (including, but
<br /> not limited to, any and all charges for failure to satisfy a Minimum Retention Period (MRP)), plus any charges
<br /> incurred by AT&T from a third party(e.g., not an AT&T Affiliate) due to the termination, all of which will, if applicable,
<br /> be applied to Customer's MARC-Eligible Charges; and (ii) if Customer terminates a Pricing Schedule that has a
<br /> MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC, after applying amounts received
<br /> pursuant to(i),for the balance of the Pricing Schedule Term.
<br /> (c) The charges set forth in Section 8.5(b)(i) will not apply if a terminated Service Component is replaced with an
<br /> upgraded Service Component at the same Site, but only if(i) the Minimum Payment Period and associated charge
<br /> for the replacement Service Component are equal to or greater than the Minimum Payment Period and associated
<br /> charge for the terminated Service Component, and (ii) the upgrade is not restricted in the applicable Service
<br /> Publication.
<br /> 9. IMPORT/EXPORT CONTROL
<br /> The parties acknowledge that equipment, services, software, and technical information (including technical assistance and
<br /> training) provided under this Agreement may be subject to import and export laws, conventions or regulations, and any use or
<br /> transfer of the equipment, products, software, and technical information must be in compliance with all such laws, conventions
<br /> and regulations. The parties will not use, distribute, transfer, or transmit the equipment, services, software, or technical
<br /> information (even if incorporated into other products) except in compliance with such laws, conventions and regulations.
<br /> Customer, not AT&T, is responsible for complying with such laws, conventions and regulations for all information, equipment
<br /> and software Customer transmits between countries using the Services.
<br /> 10. MISCELLANEOUS PROVISIONS
<br /> 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement
<br /> or the provision of Services without the prior written consent of the other party.
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