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w <br /> Siebel No . 1 -HP2HZ <br /> Contributory Service charges for Dedicated Access and Private Line will be calculated after all discounts have <br /> been applied . For all other Services , Contributory Service charges will be calculated before the application of any <br /> discounts . Contributory Service charges which contribute toward Customer' s MMC are specifically identified in <br /> the applicable Governing Documents . <br /> If, in any month following a three (3) month ramp up period , Customer fails to meet its MMC , Customer agrees to <br /> pay the difference between Customer's total Contributory Service charges for such month and the MMC specified <br /> above . If Customer cancels this Enrollment Form or ceases to use Services to a material extent prior to <br /> the <br /> expiration of the Term , Customer agrees to pay an amount equal to fifty percent ( 50 % ) of the MMC multiplied by <br /> the number of months remaining in the Term specified above . These charges are in addition to any other valid <br /> and outstanding Service charges which may be due . <br /> To the extent permissible under applicable law, regulation or tariff, this Enrollment Form , including the Governing <br /> Documents and any related Service order forms and Service promotions , will be governed by the laws of <br /> the <br /> State of Georgia , without regard to its conflict of law provisions . BellSouth Long Distance or BSE , as applicable <br />, <br /> may assign this Agreement at any time to a parent, subsidiary, subsidiary of its parent or any of its or its parent's <br /> affiliates . <br /> All Services provided hereunder are offered subject to the availability of the service components required . <br /> The parties hereby acknowledge and agree that the BSE Frame Relay Service is only available in (a) <br /> the <br /> BellSouth Telecommunications , Inc . service area ; and ( b ) locations outside of the BellSouth <br /> Telecommunications , Inc . service area (" Independent Territory" ) where BSE has a meet-point agreement in place <br /> with a network provider in the Independent Territory. In all other circumstances , the entire frame relay service will <br /> be provisioned as BellSouth® Long Distance Frame Relay Service , and the pricing for such service shall be as <br /> stated in the relevant Governing Document(s ) . <br /> Customer hereby (a ) enrolls in the following Promotions , Plans , Waivers , and/or Dedicated Access Service ( b) <br /> acknowledges receiving the term sheet ("Term Sheet" ) for each such Promotion , Plan , Waivers , and/or Dedicated <br /> Access Service which are attached hereto and are hereby incorporated into this Enrollment Form by reference , <br /> and (c) agrees to be bound by the terms and conditions contained therein . <br /> • Charter Intrastate Promotion <br /> By executing this Enrollment Form , Customer grants a Letter of Agency to BellSouth Long Distance to act on <br /> Customer's behalf to order access services necessary to connect the Services to Customer. This agency <br /> authorization includes , without limitation , the removal , addition to or rearrangement of such access services . <br /> In order to become effective this Enrollment Form must be executed by a duly authorized representative <br /> of <br /> Customer and delivered to and accepted by an authorized representative of BellSouth Long Distance and/or <br /> BSE . This Enrollment Form shall be effective on the date accepted by BellSouth and the Term shall commence <br /> on the first day of the next calendar month following the earlier to occur of: ( 1 ) 90 days after this Enrollment Form <br /> is signed by the Customer; or (2 ) the date on which a Service Component ordered hereunder is installed at <br /> a <br /> Customer location or activated in the case of calling card . For purposes of this CPA, a " Service Component" shall <br /> mean a Service port, PVC , private line , dedicated access circuit, packet service line , PIC Change , or activation of <br /> calling card . Any modification (s) , interlineation (s) , addition (s) supplement(s ) and/or other change (s ) to <br /> this <br /> MUSOM <br /> v 4. 0 04/03 PRIVATE/PROPRIETARY <br /> Page 2 of 3 No disclosure outside BellSouth and customer except by written agreement. <br />