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AT&T Business Service Guide
AT&T Enhanced Push-to-Talk
and control, telematics, and monitoring applications used by Customer’s authorized CRU lines.
Customer understands and agrees that AT&T Dynamic Traffic Management may not be used with
applications primarily intended for use by consumers, including but not limited to, (a) mobile video
transmission applications, (b) applications that transmit data to and from the internet. AT&T
Dynamic Traffic Management is available only to a Customer’s Corporate Responsibility Users
(“CRUs”) and only within the Domestic Coverage Area (i.e., U.S., Puerto Rico and U.S. Virgin
Islands) and only for AT&T Enhanced PTT traffic originated on and traversing over the AT&T-
owned 4G LTE network, excluding microcells, MetroCells, AT&T Wi-Fi service and roaming
partners’ networks. When Customers subscribe to AT&T Dynamic Traffic Management, data
usage from enabled devices is separately tracked and billed.
When statistically significant and reliable data are available, AT&T shall provide monthly summary
reporting on various network performance metrics designed to help Customer compare the
measured performance of its qualified CRU lines provisioned with AT&T Dynamic Traffic
Management to the estimated “best efforts” performance for data traffic over the domestic AT&T
4G LTE network. These reports can be used to assist Customer in evaluating the benefits of
AT&T Dynamic Traffic Management. The performance reports will be made available
electronically to Customer via the AT&T Premier web portal (or, if applicable, the AT&T Enterprise
on Demand (“EOD”) web portal) through which Customer and its authorized representatives place
orders and manage Customer’s wireless account(s) in accordance with the terms and conditions
of the Agreement, including without limitation the AT&T Premier Attachment (or, if applicable, the
EOD Attachment). Reports will be made available no earlier than 45 days after the end of each
month and no later than the time AT&T reasonably requires to compile the report. Customer
understands that AT&T’s wireless network is evolving and that technology changes may impact
the descriptions of the Network Metrics (i.e., the measurement calculations). Accordingly, AT&T
reserves the right to modify and/or discontinue the AT&T Dynamic Traffic Management
performance reporting at any time, for any reason, upon notice to Customer. Notwithstanding the
Confidentiality provision otherwise applicable between Customer and AT&T, Customer
acknowledges and agrees that the Network Metrics and the performance reports to be provided
pursuant to this Attachment constitute AT&T’s highly sensitive, confidential and proprietary
network information (the “AT&T Confidential Information”). Accordingly, Customer shall, for a
period of three (3) years following its disclosure to Customer: (a) hold the AT&T Confidential
Information in confidence; (b) use the AT&T Confidential Information only for purposes of this
paragraph; and (c) not disclose the AT&T Confidential Information to third-parties without AT&T’s
prior written consent, except that Customer may disclose the AT&T Confidential Information (i) to
its employees, agents and contractors having a need-to-know (but only if such agents and
contractors are not direct competitors of AT&T and agree in writing to use and disclosure
restrictions as restrictive as this paragraph); or (ii) to the extent authorized to be revealed by law,
government authority or legal process (but only if such disclosure is limited to that which is so
authorized and prompt notice if provided to AT&T to the extent practicable and not prohibited by
law, government authority or legal process). CUSTOMER ACKNOWLEDGES AND AGREES
THAT ANY BREACH OR THREATENED BREACH OF THIS PARAGRAPH IS LIKELY TO
CAUSE AT&T IRREPARABLE HARM FOR WHICH DIRECT MONEY DAMAGES MAY NOT BE
SUFFICIENT OR APPROPRIATE. CUSTOMER THEREFORE AGREES THAT THE
LIMITATION OF LIABILITY REGARDING INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, RELIANCE, AND SPECIAL DAMAGES CONTAINED IN THE GENERAL TERMS
AND CONDITIONS PORTION OF THE AGREEMENT DOES NOT APPLY TO ANY BREACH
OF THIS PARAGRAPH BY CUSTOMER. IN ADDITION, AT&T IS ENTITLED TO RECEIVE
INJUNCTIVE OR OTHER EQUITABLE RELIEF TO REMEDY OR PREVENT ANY BREACH OR
THREATENED BREACH OF THE OBLIGATIONS IN THIS PARAGRAPH.