Common use of Amendment of Certain Rates, Terms and Conditions Clause in Contracts

Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 45A (xxx "XXX Xxxxx") xxx be replaced by the rates, terms and conditions from the GTE/OtherCLEC Interconnection, Resale and Unbundling Agreement (the "OtherCLEC Agreement"), respectively, that are specified in Appendix 45B (the "OtherCLEC Terms") if and when the OtherCLEC Agreement becomes effective after approval by order of the Commission in Case No. . The rates, terms and conditions that are specified in Appendix 45B (the OtherCLEC Terms) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of DTI's election to replace the specified GTE Terms with the specified OtherCLEC Terms, which notice may be given no earlier than the date the OtherCLEC Agreement is approved by the Commission and effective. GTE and DTI agree that if the OtherCLEC Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the OtherCLEC Terms or, as appropriate, the substitution of GTE Terms for all stayed or enjoined OtherCLEC Terms, and such amendment shall be effective retroactive to the Effective Date of the OtherCLEC Terms.

Appears in 1 contract

Samples: Agreement (Agreement (Dti Holdings Inc)

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Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 45A 46A (xxx "XXX Xxxxx") xxx be replaced by the rates, terms and conditions from the GTE/OtherCLEC Interconnection, Resale and Unbundling Agreement (the "OtherCLEC Agreement"), respectively, that are specified in Appendix 45B 46B (the "OtherCLEC Terms") if and when the OtherCLEC Agreement becomes effective after approval by order of the Commission in Case No. . The No.____.The rates, terms and conditions that are specified in Appendix 45B 46B (the OtherCLEC Terms) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of DTI's election to replace the specified GTE Terms with the specified OtherCLEC Terms, which notice may be given no earlier than the date the OtherCLEC Agreement is approved by the Commission and effective. GTE and DTI agree that if the OtherCLEC Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the OtherCLEC Terms or, as appropriate, the substitution of GTE Terms for all stayed or enjoined OtherCLEC Terms, and such amendment shall be effective retroactive to the Effective Date of the OtherCLEC Terms.

Appears in 1 contract

Samples: Agreement (Agreement (Dti Holdings Inc)

Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 45A 00X (xxx "XXX Xxxxx") xxx may be replaced by the rates, terms and conditions from the GTE/OtherCLEC AT&T Interconnection, Resale and Unbundling Agreement (the "OtherCLEC AT&T Agreement"), respectively, that are specified in Appendix 45B 46B (the "OtherCLEC CLEC Terms") if and when the OtherCLEC AT&T Agreement becomes effective after approval by order of the Commission in Case No. Commission. The rates, terms and conditions that are specified in Appendix 45B 46B (the OtherCLEC ? CLEC Terms? ) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of DTITallgrass's election to replace the specified ? GTE Terms Terms? with the specified OtherCLEC ? CLEC Terms? , which notice may be given no earlier than the date the OtherCLEC AT&T Agreement is approved by the Commission and effective. GTE and DTI Tallgrass agree that if the OtherCLEC Terms ? CLEC Terms? are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the OtherCLEC Terms ? CLEC Terms? or, as appropriate, the substitution of ? GTE Terms Terms? for all stayed or enjoined OtherCLEC ? CLEC Terms? , and such amendment shall be effective retroactive to the Effective Date of the OtherCLEC ? CLEC Terms.?

Appears in 1 contract

Samples: Agreement (Agreement

Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 45A 46A (xxx "XXX Xxxxx") xxx be replaced by the rates, terms and conditions from the GTE/OtherCLEC Interconnection, Resale and Unbundling Agreement (the "OtherCLEC AgreementAgreements"), respectively, that are specified in Appendix 45B 46B (the "OtherCLEC Terms") if and when the OtherCLEC Agreement becomes effective after approval by order of the Commission in Case No. . The rates, terms and conditions that are specified in Appendix 45B 46B (the OtherCLEC Terms) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of DTI's election to replace the specified GTE Terms with the specified OtherCLEC Terms, which notice may be given no earlier than the date the OtherCLEC Agreement is approved by the Commission and effective. GTE and DTI agree that if the OtherCLEC Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the OtherCLEC Terms or, as appropriate, the substitution of GTE Terms for all stayed or enjoined OtherCLEC Terms, and such amendment shall be effective retroactive to the Effective Date of the OtherCLEC Terms.

Appears in 1 contract

Samples: Agreement (Agreement (Dti Holdings Inc)

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Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 45A 00X (xxx "XXX Xxxxx") xxx may be replaced by the rates, terms and conditions from the GTE/OtherCLEC AT&T Interconnection, Resale and Unbundling Agreement (the "OtherCLEC AT&T Agreement"), respectively, that are specified in Appendix 45B 46B (the "OtherCLEC AT&T Terms") if and when the OtherCLEC AT&T Agreement becomes effective after approval by order of the Commission in Case No. Commission. The rates, terms and conditions that are specified in Appendix 45B 46B (the OtherCLEC “AT&T Terms) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of DTIRECONEX's election to replace the specified GTE Terms Terms” with the specified OtherCLEC “AT&T Terms, which notice may be given no earlier than the date the OtherCLEC AT&T Agreement is approved by the Commission and effective. GTE and DTI RECONEX agree that if the OtherCLEC Terms “AT&T Terms” are deemed to be unlawful, unlawfu or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the OtherCLEC Terms “AT&T Terms” or, as appropriate, the substitution of GTE Terms Terms” for all stayed or enjoined OtherCLEC “AT&T Terms, and such amendment shall be effective retroactive to the Effective Date of the OtherCLEC “AT&T Terms.” GTE and RECONEX further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket

Appears in 1 contract

Samples: Resale Agreement

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