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Ameritech representative advising of a loss of Centrex Service up to the NETPOP affecting <br /> the loss of Centrex Service . For all other trouble reports, Ameritech shall use reasonable <br /> efforts to respond within twenty-four(24) hours of Customer's request, excluding <br /> weekends and holidays observed by Ameritech.] <br /> Ameritech's repair obligation does not include damage, defects, malfunctions, service <br /> degradations or failures caused by Customer's or third party's abuse, intentional misuse, <br /> unauthorized use or negligent acts or omissions. In addition, the foregoing repair <br /> obligation applies only if Customer provides Ameritech with access on Ameritech's side of <br /> the NETPOP so as to enable Ameritech to perform maintenance or repair work. <br /> When service is interrupted and the interruption exceeds twelve (12) hours (as measured <br /> from the time the interruption is reported to or detected by Ameritech, whichever occurs <br /> first), a credit allowance shall be made for that line or trunk, as specified in I11.C.C. No. 20, <br /> Part 2, Section 2. No other liability shall attach to Ameritech as a result of such <br /> interruption to service. <br /> If Ameritech responds on site to a request for maintenance service from Customer where <br /> no actual service problem e�sts or where the fault or defect is determined to be on <br /> Customer's side of the NETPOP and such fault or defect is not covered by any other <br /> express obiigation of Ameritech, then applicable charges shail be assessed against <br /> Customer. <br /> TI�FOREGOING REPRESENTATION IS EXCLUSIVE AND IN LIEU OF ALL <br /> O'THER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IlVIPLIED <br /> INCLUDING, BUT NOT LIMITED TO, 'I'I�INIPLIFD WA�tRANTIES OF <br /> MERCHANTABII.ITY AND FITNESS FOR A PARTICULAR PURPOSE. <br /> CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST AMERITECH FOR <br /> LOSS OR DAMAGE CAUSED BY, OR ARISING IN CONNECTION WITH,'THE <br /> PERFORMANCE OR NONPERFORMANCE OF THE CENTREX SERVICE AND <br /> FEATURES PROVIDED PURSUANT TO THIS AGREEMENT SHALL BE TI� <br /> OBLIGATIONS OF AMERITECH AS SET FORTH IN THIS AGREEMENT. <br /> 9. New Features or Enhancements <br /> As new DMS 100 features or enhancements are made available to Ameritech from Nortel, <br /> Customer and Ameritech may meet to discuss their content and impending availability. <br /> New features or enhancements shall be made available to Customer subject to the <br /> following terms: (1) activation of such features and/or enhancements shall not be <br /> detrimental to the public network; (2) such new features are part of a software release <br /> which Nortel makes available to Ameritech for all of its central offices equipped to handle <br /> such changes; and (3) Customer agrees to pay the rates quoted by Ameritech for such <br /> feature or enhancement. <br /> 10. Termination for Convenience <br /> CONFIDENTIAL <br /> Subject to restrictions on first page <br /> TJNI 12/12/2002 6 <br />