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W dt&t E -rate Rider Customer Must Choose A or B A. ) 14 [OPTION " A " IS AVAILABLE FOR NEW OR EXISTING SERVICES] CUSTOMER DIRECTS AT&T TO COMMENCE OR CONTINUE SERVICES EVEN IF FUNDING COMMITMENT DECISION LETTER ( " FCDL" ) HAS NOT BEEN RECEIVED FROM USAC/SLD . CUSTOMER ACKNOWLEDGES ITS OBLIGATION TO PAY FOR THE SERVICE IF FUNDING IS DENIED OR USAC/SLD COMMITMENT IS NOT RECEIVED , 1 . Scopes Customer desires that Services commence on or about July 1 , 2009 . Customer intends to seek funding from the USAC/SLD , but acknowledges that it may not receive an FCDL prior to this date and that it is possible that USAC/SLD may not approve funding or may delay its decision . 2 . Funding Denial Agreement Termination : CUSTOMER ACKNOWLEDGES THAT THERE IS NO RIGHT TO TERMINATE THE SERVICES OR SERVICE COMPONENTS MADE THE BASIS OF THIS ATTACHMENT IF E- RATE FUNDING IS DELAYED OR DENIED . Customer should refer to the E-Rate Rules and Regulations regarding USAC/SLD payments for eligible services delivered after the beginning of the E- Rate year (July 1 st) but before receipt of an FCDL . B . ) ❑ [OPTION " B " IS APPROPRIATE FOR NEW SERVICES] SERVICES WILL NOT COMMENCE UNTIL AT&T RECEIVES NOTIFICATION THAT E-RATE FUNDS HAVE BEEN COMMITTED , IF E-RATE FUNDING FOR SERVICES IS DENIED , AGREEMENT WILL TERMINATE AS TO THOSE SERVICES UNLESS AND UNTIL A NEW ATTACHMENT ( REPLACING THIS ATTACHMENT) IS EXECUTED . 1 . Scoped Customer agrees to use best efforts to obtain funding from the USAC/SLD AT&T will not begin work related to the Services and/or equipment (including , without limitation , construction , installation or activation activities) until after AT&T receives Customer notification to proceed with the order , and verification of funding approval , and , for Internal Connections ( IC) , a verification of Form 486 approval by the USAC/SLD . AT&T will commence Service (s) as soon as is practical following the receipt of the appropriate documentation . 2 . Funding Denial Agreement Termination : if a funding request is denied by the USAC/SLD , the Agreement , with respect to such Service(s) , shall terminate sixty (60) days from the date of the FCDL in which E- Rate funding is denied or on the 30th day following the final appeal of such denial , and Customer will not incur termination liability. In the event Services are to be provided pursuant to a multi-year arrangement (whether by contract or tariff) , this termination right applies only to the first year of the multi- year agreement . 3 . IF CUSTOMER WISHES TO CHANGE ITS SELECTION AND WISHES AT&T TO COMMENCE SERVICES REGARDLESS OF FUNDING COMMITMENT FROM THE USAC/SLD , CUSTOMER WILL EXECUTE A NEW (REPLACEMENT) ATTACHMENT , AND AGREE TO THE TERMS SET FORTH IN "A" ABOVE . Upon execution of the Replacement Attachment, the Parties will mutually agree upon a Service Commencement Date . This provision does not apply to Services that were initially approved for funding and subsequently deemed ineligible by USAC/SLD after commencement of Service 2 of 3