Common use of AND PROCEDURES FOR DISCONNECTION Clause in Contracts

AND PROCEDURES FOR DISCONNECTION. 10.1 Failure to pay all or any portion of any amount required to be paid may be grounds for suspension or disconnection of Resale Services, Network Elements and Collocation as provided for in this section. This section does not apply to disputed charges and/or nonpayments arising from Appendix Reciprocal Compensation or Appendix Network. 10.2 If a Party fails to pay any charges billed to it under this section, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Xxxx Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Network Elements and/or Collocations, the Non- Paying Party must remit all Unpaid Charges to the Billing Party within ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges. 10.3 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non- Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges: 10.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section XX5.5 of Appendix Invoicing, together with the reasons for its dispute; and 10.3.2 pay all undisputed Unpaid Charges to the Billing Party; and 10.3.3 pay all Disputed Amounts into an interest bearing escrow account that is mutually agreed upon by the Parties. 10.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Escalation and Resolution section set forth below. 10.5 After expiration of the written notice furnished pursuant to Section 10.2, if MCIm continues to fail to comply with Section 10.3.1 through 10.3.3, inclusive, or fails to make payment(s) in accordance with the terms of any mutually agreed payment arrangement, SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to MCIm for payment within five

AND PROCEDURES FOR DISCONNECTION. 10.1 9.1 If a Party is furnished Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services under the terms of this Agreement in more than one (1) state, Sections 9.1 through 9.7, inclusive, shall be applied separately for each such state. 9.2 Failure to pay all or any portion of any amount required to be paid may charges shall be grounds for suspension or disconnection of Interconnection, Resale Services, Lawful Unbundled Network Elements Elements, Collocation, functions, facilities, products and Collocation as provided for in services furnished under this sectionAgreement. This section does not apply to disputed charges and/or nonpayments arising from Appendix Reciprocal Compensation or Appendix Network. 10.2 If a Party fails to pay any charges billed to it under this sectionAgreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Xxxx Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Interconnection, Resale Services, Lawful Unbundled Network Elements and/or CollocationsElements, Collocation, functions, facilities, products and services furnished under this Agreement, the Non- Non-Paying Party must remit all Unpaid Charges to the Billing . Party within ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges. 10.3 9.2.1 SBC INDIANA will also provide any written notification to the Indiana Utility Regulatory Commission as required by rule 170 IAC 7-6. 9.2.2 SBC KANSAS will also provide any written notification to the Kansas Corporation Commission as required by Order Number 5 (dated March 25, 2002) in Docket 01-GIMT-649-GIT. 9.2.3 SBC MISSOURI will also provide any written notification to the Missouri Public Service Commission as required by Rule 4 CSR 240-32.120. 9.3 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non- Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges: 10.3.1 9.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section XX5.5 10.4.1 of Appendix Invoicingthis Agreement, together with the reasons for its dispute; and 10.3.2 9.3.2 pay all undisputed Unpaid Charges to the Billing Party; and 10.3.3 9.3.3 pay all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] unless terms of Section 8.6 are met into an interest bearing escrow account that complies with the requirements set forth in Section 8.4; and 9.3.4 if terms of Section 8.6 are not met, furnish written evidence to the Billing Party that the Non- Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 8.4 and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account. Until evidence that the full amount of the Disputed Charges [other than disputed charges arising from Appendix Reciprocal Compensation] has been deposited into an escrow account that complies with Section 8.4 is mutually agreed upon by furnished to the PartiesBilling Party, such Unpaid Charges will not be deemed to be “disputed” under Section 10. 10.4 9.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Escalation and Resolution section provision set forth belowin Section 10. 10.5 After expiration of the written notice furnished pursuant to Section 10.2, if MCIm continues to fail to comply with Section 10.3.1 through 10.3.3, inclusive, or fails to make payment(s) in accordance with the terms of any mutually agreed payment arrangement, SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to MCIm for payment within five

AND PROCEDURES FOR DISCONNECTION. 10.1 4.1 If a Party is furnished services under the terms of this Agreement in more than one (1) state, Section 4.2 below through Section 4.19 below, inclusive, shall be applied separately for each such state. 4.2 Failure to pay all or any portion of any amount required to be paid may charges shall be grounds for suspension or disconnection of Resale Services, Network Elements and Collocation as provided for in Interconnection Services furnished under this sectionAgreement. This section does not apply to disputed charges and/or nonpayments arising from Appendix Reciprocal Compensation or Appendix Network. 10.2 If a Party fails to pay any charges billed to it under this sectionAgreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Xxxx Bill Due Date, the Billing Party will notify the send a Discontinuance Notice to such Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Network Elements and/or Collocations, the Non- Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within ten fifteen (1015) Business Days following receipt calendar days of the Billing Party's notice of Unpaid ChargesDiscontinuance Notice. 10.3 4.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule. 4.4 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non- Non-Paying Party must complete all of the following actions not later than ten fifteen (1015) Business Days calendar days following receipt of the Billing Party's ’s notice of Unpaid Charges: 10.3.1 4.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) Amounts and the specific details listed in Section XX5.5 8.4 below of Appendix Invoicingthis Agreement, together with the reasons for its dispute; and 10.3.2 4.4.2 pay all undisputed Unpaid Charges to the Billing Party; and 10.3.3 4.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth herein except, as applicable, as provided in Section 8.4.5.1; and 4.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth herein and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section 8.4.5 is mutually agreed upon by furnished to the PartiesBilling Party, such Unpaid Charges will not be deemed to be “disputed” under Section 8 below. 10.4 4.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Escalation and Resolution section provision set forth in Section 8 below. 10.5 After expiration 4.6 If the Non-Paying Party fails to: 4.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 4.2 above; 4.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the written notice furnished pursuant to terms set forth in Section 10.2, if MCIm continues to fail to comply 8.4.5 above within the time specified in Section 4.2 above; 4.6.3 timely furnish any assurance of payment requested in accordance with Section 10.3.1 through 10.3.3, inclusive, or fails to 3.8.4 above; or 4.6.4 make payment(s) a payment in accordance with the terms of any mutually agreed payment arrangement, SBC MISSOURI the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second provide written demand to MCIm the Non-Paying Party for payment of any of the obligations set forth in 4.6.1 above through 4.6.4 within fiveten (10) Business Days. On the day that the Billing Party provides such written demand to the Non-Paying Party, the Billing Party may also exercise any or all of the following options: 4.6.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection under this Agreement; 4.6.4.2 and/or suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection Service under this Agreement. 4.7 Where required, a copy of the demand provided to CLEC under Section 4.6 above will also be provided to the Commission at the same time. 4.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Section 4.6 above, and Sections 4.6.4.1 above and 4.6.4.2 above: 4.8.1 will not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date; and 4.8.2 will exclude any affected application, request, order or service from any otherwise applicable Performance Measure. 4.9 For AT&T MIDWEST REGION 5-STATE only, if the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 4.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law: 4.9.1 cancel any pending application, request or order for new or additional Interconnection Services, under this Agreement; and 4.9.2 disconnect any Interconnection Services furnished under this Agreement; 4.9.3 discontinue providing any Interconnection Services furnished under this Agreement. 4.9.3.1 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by AT&T INDIANA will comply with Indiana Utility Regulatory Commission Rule 170 IAC 7-6, 4.10 On the same date that Resale Services to CLEC are disconnected, AT&T-7STATE will start to provide service to CLEC’s Resale End Users for a limited transition period. To the extent feasible, these Resale End Users will receive the same services that were provided through CLEC immediately prior to the time of transfer; provided, however, AT&T-7STATE reserves the right to toll restrict (both interLATA and intraLATA) such transferred End Users. 4.10.1 Notwithstanding any inconsistent provisions in this Agreement, the provision of services of Resale End Users in AT&T MISSOURI will comply with Missouri Public Service Commission Rule 4 CSR 240-32.120. 4.11 AT&T-7STATE will inform the Commission of the names of all Resale End Users affected by this process. 4.12 Any charges for services provided to the Resale End Users by AT&T-7STATE as specified in Section 4.16 below will be billed to CLEC. 4.13 The Billing Party has no liability to the Non-Paying Party or its End Users in the event of disconnection of service in compliance with Section 4.17 below thru Section 4.18.1 below. AT&T-7STATE has no liability to CLEC or CLEC’s End Users in the event of disconnection of service to CLEC and the provision of service for a limited transition period for any Resale End Users by AT&T-7STATE in connection with such disconnection. 4.14 Additional charges may become applicable under the terms of this Agreement following discontinuance of service. 4.15 Within five (5) calendar days following the disconnection, AT&T-7STATE will notify each Resale End User that because of CLEC’s failure to pay AT&T-7STATE, the End User’s local service is now being provided by AT&T- 7STATE. This notification will also advise each Resale End User that the End User has thirty (30) calendar days from the date of transfer to select a new LSP. 4.16 The Resale End User shall be responsible for any and all charges incurred during the selection period other than those billed to CLEC under Section 4.19 below. 4.17 If any Resale End User provided service by AT&T-7STATE under Section 4.18 below of this Agreement fails to select a new LSP within thirty (30) calendar days of the transfer AT&T-7STATE, may terminate the Resale End User’s service. 4.18 Nothing in this Agreement shall be interpreted to obligate to AT&T-7STATE continue to provide local service to any Resale End User beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any 4.18.1 In AT&T CALIFORNIA only, following expiration of the selection period and disconnection of such Resale End Users, where facilities permit, AT&T CALIFORNIA will furnish the disconnected local residential End Users with “quick dial tone”. 4.19 Limitation on Back-billing and Credit Claims; Exceptions to Limitation for Certain Situations (True-Ups): 4.19.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to: 4.19.1.1 Back-bill for or claim credit for any charges for services provided pursuant to this Agreement that are found to be unbilled, under-billed or over-billed, but only when such charges appeared or should have appeared on a bill dated within the twelve (12) months immediately preceding the date on which the Billing Party provided written notice to the Billed Party of the amount of the back-billing or the Billed Party provided written notice to the Billing Party of the claimed credit amount. The Parties agree that the twelve (12) month limitation on back-billing and credit claims set forth in the preceding sentence shall be applied prospectively only after the Effective Date of this Agreement, meaning that the twelve (12) month period for any back-billing or credit claims may only include billing periods that fall entirely after the Effective Date of this Agreement and will not include any portion of any billing period that began prior to the Effective Date of this Agreement. Nothing herein shall prohibit either Party from rendering bills or collecting for any Interconnection Service(s) more than twelve (12) months after the Interconnection Service(s) was provided when the ability or right to charge or the proper charge for the Interconnection Service(s) was the subject of an arbitration or other Commission docket or any FCC order, including any appeal of such arbitration, docket or FCC order. In such cases (hereinafter a “true- up”), the time period for billing shall be the longer of (a) the period specified by the commission in the final order allowing or approving such charge or (b) eighteen (18) months from the date of the final order allowing or approving such charge or (c) twelve (12) months from the date of approval of any executed amendment to this Agreement required to implement such charge. 4.19.1.2 Back-billing and credit claims, and true-ups, as limited above, will apply to all services purchased under this Agreement, except that Intercarrier Compensation is specifically excluded from this Section 4.

AND PROCEDURES FOR DISCONNECTION. 10.1 Unless otherwise specified therein, Sections 9.1, 9.2, 9.3, 9.4 and 9.5 shall apply to all charges billed for all services Interconnection, Resale Services, Network Elements, functions, facilities, products and services furnished under this Agreement. Section 9.6 shall apply only to Resale Services and Network Elements furnished under this Agreement. If a Party is furnished services under the terms of this Agreement in more than one (1) state, Sections 9.1 through 9.7, inclusive, shall be applied separately for each such state, unless provided otherwise in this Agreement. 9.2 Failure to pay all or any portion of any amount required to be paid undisputed charges may be grounds for suspension or disconnection termination of Resale Services, Network Elements and Collocation as provided for in this sectionAgreement. This section does not apply to disputed charges and/or nonpayments arising from Appendix Reciprocal Compensation or Appendix Network. 10.2 If a Party fails to pay by the Bill Due Date, any and all undisputed charges billed to it under this sectionAgreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Xxxx Bill Due Date, the Billing Party will shall notify the Non-Paying Party in writing pursuant to the time frames and procedures identified herein that in order to avoid disruption or disconnection of the applicable Interconnection, Resale Services, Network Elements and/or CollocationsElements, functions, facilities, products and services furnished under this Agreement, the Non- Non-Paying Party must remit all Unpaid Charges to the Billing Party Party. With respect to Resale Services and Network Elements, SBC-13STATE will notify CLEC of any Unpaid Charges that remain unpaid twenty (20) calendar days after the Bill Due Date and that CLEC must remit payment within ten twenty-one (1021) Business Days calendar days following receipt of SBC-13STATE’s notice. CLEC will notify SBC-13STATE of any Unpaid Charges that remain unpaid thirty (30) calendar days after the Billing Party's notice Bill Due Date and that SBC-13STATE must remit payment within thirty (30) calendar days following receipt of Unpaid ChargesCLEC’s notice. 10.3 9.3 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non- Non-Paying Party must complete shall take all of the following actions not later than ten (10) Business Days twenty-one calendar days following receipt of the Billing Party's notice of Unpaid Charges:. 10.3.1 9.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section XX5.5 of Appendix Invoicing, together with the reasons for its dispute; and 10.3.2 9.3.2 immediately pay all undisputed Unpaid Charges to the Billing PartyParty all Unpaid Charges; and 10.3.3 9.3.3 pay all Disputed Amounts relating to Resale Services and Network Elements into an interest bearing escrow account that is mutually agreed upon by complies with the Partiesrequirements set forth in Section 8.4. 10.4 9.3.4 With respect to Resale Services and Network Elements, evidence that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 8.4 and deposited a sum equal to the Disputed Amounts into that account must be furnished to the Billing Party upon its request. 9.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Escalation and Resolution section provision set forth belowin Section 10. 10.5 After expiration of the written notice furnished pursuant to Section 10.2, if MCIm continues to fail to comply with Section 10.3.1 through 10.3.3, inclusive, or fails to make payment(s) in accordance with the terms of any mutually agreed payment arrangement, SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to MCIm for payment within five