Subject: privileged & confidential attorney - client communication
terminability of val verde interconnect agreement
i ' ve looked into whether we can terminate our val verde interconnect
agreement with burlington , and have determined we may do so only if we take
the following steps :
1 . terminate the oba by giving 30 days notice to burlington . paragraph 13
of the 6 / 1 / 94 oba with burlington ( as successor in interest to meridian )
provides that either party may terminate the oba " at the end of the primary
term , or thereafter by providing thirty ( 30 ) days prior written notice " to
burlington . ( the one - month primary term ended june 30 , 1994 and has since
gone month - to - month . )
2 . on the effective termination date of the oba , terminate the interconnect
agreement by giving 30 days notice to burlington . the 12 / 31 / 92
interconnect point operating agreement , paragraph 6 , provides that either
party may terminate on 180 prior notice after expiration of the primary
term . this is of limited use to us since the primary term does not expire
until 12 / 31 / 02 . however , the paragraph also provides that the agreement " may
be terminated by either party upon thirty ( 30 ) days prior written notice in
the event the oba between the parties is terminated . "
as we ' ve already discussed , termination of the agreement is an extreme
measure from a customer relations standpoint and we probably need to weigh
our other options first . let me know if you have further questions .