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Home My WebLink About20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1 600 7th Avenue, Room 1 506 Seattle, Washington 98191 (206) 73$.5178 FaGsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 sI74 Trrv CenturyLink' 'I Via Overnight delivery Aw6 ocl-oz Re: Centurylink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your offrce on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions concerning the enclosed. Thank you. Sincerely, Maura E. Pete MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERVICES PLATFORM ("CLSP'*"1 AGREEMENT This amendment ('Amendment'), by and between Qrrest Corporation dba CenturyLink QG ("CenturyLink"), a Colorado corporation, and Mclmetro Access Transmission Services LLC ("CLEC"), amends the CenturyLinkil Local Services Platform ("CLSPtul Agreement (formerly known as'Qwest Local Services Platformm ("QtSe*1 Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ('QLSe*l Agreement (now referred to as a CenturyLinkil Local Services Platform ('ClSe *1 Agreement), (the,Agreement,); and WHEREAS, the terms 'GenturyLink' and 'CLSP" in this Amendment shall be used in place of, and interchangeably with, the terms "Qwest' and "QLSP', respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Aareement will be replaced in iE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aareement wlll be replaced in its entiretu as follows: 3' Term. The term of this Agreement begins on the Effective Date and continues through December 31, 2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of the Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Descrlotlon - of the Aoreement is herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prioi written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CenturyLink will not effect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/oYOYVolume Growth Plan: lf the numberof CLEC'stotalCLSP lines as of October3l of each yearequalsor exceeds 110% of the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualiff for a 307o discount off the Business Port MRCs and a 60/o discount off the Residential Port MRCs applicable during the next calendar year. 3. Section 7 of Attachment 2 will have the following changes: 7.0 Commercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. 4. Section I of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013/kjdCLSP 2014 Extension Amendment to CLSPn AgreemenUMClmeko Access AZ-CDS-I01021-0086; CO-CDS-101021-0087; |A-CDS-101021-0088; |D-CDS-101021-0089; MN-CDS-101021-0090 MT'CDS-I01021-0091; ND-CDS-101021-0092; NE-CDS-101021-0093; NM-CDS-1Ol021-0094; OR-CDS-101021-0095; SD-CDS-101021-0096; UT-CDS-10102 j-0097; W&CDS-101021-0098: WY-CDS-10102r-0099 Page t of2 CenturyLlnkn Local Servlces Platform (GLSPil) Rate Page - AZCO,IA" lD, MT, ND, NE, NM, OR, SD, UT,l,YA, VIIY January 1, 2014 through Term CenturyLInkil Local Servlces Platform (CLSPn') Rate Page - Minnesota January 1,2011 through Term I09.'ll2 ,ortr, f mta YOY Volume Retembn Plan Reoulr.ment! Arc llet r09.11.2.1 \nalos Port N,, 14911.2.2 ,s Port. ResHerthl erd user credil .AWUR N/l r09.1 1.2.3 :fiecflve CLSPil R$idential Araloo Port N,, 10s.1't.2.4 rftal Port (SuDoortlno BRI ISDN)t{/, r09.11.2.5 )BX DID Port il/, t09.23.2 nrtalldlon Nonrcculrln! Chlrge! 109.23.2.1 ILSPil Bu.ln$3. Contrex. PAL. rnd PBX Analoo non-olo Trunk3, Resldentlrl 1O9.n.2.1.1 lFht Lhs (M€ctEr{zedl {HCRA 025.0( DocuSign Envelope tD: 540488C3-5F71-4CCS-8835-24269CFC4O5E EXTENSION AMENDMENTTO CENTURYL! N Krr LOCAL SERVTCES PLATFORM ("GLSp'* "1 AGREEM ENT Further Amendments Except-as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions oi this Amendment, inciuding the provisiois of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures frornthe piovisions of this Amendment may not be given without the written @nsent Jlereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deerired io extend to iny prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Aqreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, writt6n or ora[, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an originai, out alt of wfrich shall constitute one and the same instrument. October 31 , 201 3/mms/Greenfly Networks, lnc. dba Clearfly Communications/ClSP 2014 Extension Amendment Page 2 of 2Az-cDS-l01021-0009;co-cDS-l0i021-00.t0;(tA.cDs.li0606-0003);tD_cDS_1ol021-001.t;MN-CDS_,t01o21_0012; MT-CDS-101021-0013; NM-CDS-1Ol021-0014; 'ttO-COS-tOtO21-0015; OR-CDS-101021-0016;WA-CDS-101021-OO'17;WY-CDS-101021-001S) Title: Director - Wholesale Contracts tL/L'/20L3 ve of operat'ions LL/L5/20L3