AT&T-12STATE acknowledges that CLEC may have an embedded base of one-way trunks ordered and installed prior to the Effective Date of this Agreement that were used for termination of CLEC’s Section 251(b)(5)/IntraLATA Toll Traffic to AT&T-12STATE (Embedded Base). To the extent that CLEC has such an Embedded Base, CLEC shall only augment trunk groups in the Embedded Base with the mutual agreement of the Parties. CLEC shall not order any new one-way trunk groups following the Effective Date of this Agreement. Moreover, the Parties agree that the Embedded Base will be converted to two-way trunk groups under the following circumstances:
4.2.1.1 With reasonable notification from AT&T-12STATE and upon AT&T-12STATE’s request, CLEC shall convert all of its Embedded Base to two-way trunks.
4.2.1.2 At any time an Embedded Base trunk group (either originating or terminating) requires augmentation, AT&T-12STATE can require the associated originating and terminating trunks to be converted to a single two-way trunk group prior to the augmentation.
4.2.1.3 When any network changes are to be performed on a project basis (i.e., central office conversions, tandem re-homes, etc.), upon request and reasonable notice by AT&T-12STATE, CLEC will convert all of its Embedded Base affected by the project within the intervals and due dates required by the project parameters.
4.2.1.4 In addition to the foregoing, CLEC may choose, at any time, to convert its Embedded Base to two-way trunk groups.
4.2.1.5 The Parties will coordinate any trunk group migration, trunk group prioritization and implementation schedule. AT&T-12STATE agrees to develop a cutover plan within thirty (30) days of notification to CLEC of the need to convert pursuant to Section 4.2.1.1 above and Section 4.2.1.3 above.
AT&T-12STATE. The terms contained in this Agreement and any Appendices, Attachments, Exhibits, Schedules, and Addenda constitute the entire agreement between the Parties with respect to the subject matter hereof, superseding all prior understandings, proposals and other communications, oral or written between the Parties during the negotiations of this Agreement and through the execution and/or Effective Date of this Agreement. This Agreement shall not operate as or constitute a novation of any agreement or contract between the Parties that predates the execution and/or Effective Date of this Agreement.
AT&T-12STATE shall provide IntraLATA Dialing Parity in accordance with Section 271(e)(2) of the Act.
AT&T-12STATE and CLEC shall each be responsible for one-half (1/2) of expenses payable to a Third Party for Commission fees or other charges (including regulatory fees, reproduction and delivery expense and any costs of notice or publication, but not including attorney’s fees) associated with the filing of this Agreement or any amendment to this Agreement. Prior to the filing of this Agreement in the State of Nevada, CLEC will submit a check in the amount of $200.00, payable to Public Utilities Commission of Nevada, to cover its portion of the expenses incurred with filing this Agreement. Prior to the filing of each and every Amendment filed in connection with this Agreement in the State of Nevada, CLEC will submit a check in the amount of $200.00, payable to Public Utilities Commission of Nevada, to cover its portion of the expenses incurred with filing of each amendment filed in connection with this Agreement. Upon receipt of CLEC’s check, the Agreement will be processed for filing with the Commission.
AT&T-12STATE and CLEC shall reasonably cooperate with the other Party in handling law enforcement requests as follows:
AT&T-12STATE and CLEC shall each use their best efforts to meet the Interconnection Activation Dates.
AT&T-12STATE. 11.5.1 If the Non-Paying Party fails to (a) pay any undisputed Unpaid Charges in response to the Billing Party’s Section 11.2 notice, (b) deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 10.6 within the time specified in Section 11.3, (c) timely furnish any assurance of payment requested in accordance with Section 9 or (d) make a payment in accordance with the terms of any mutually agreed payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in (a) through (d) of this Section within ten (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:
11.5.1.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
11.5.1.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
11.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Section 11.5.1, Section 11.5.1.1 and Section 00.0.0.0:
11.5.2.1 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
11.5.2.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
AT&T-12STATE will not block switched access traffic delivered to any AT&T-12STATE Access Tandem Switch or Local/Access Tandem Switch for completion on CLEC’s network. The Parties understand and agree that Meet Point trunking arrangements are available and functional only to/from switched access customers who directly connect with any AT&T-12STATE Access Tandem Switch or Local/Access Tandem Switch that CLEC’s switch subtends in each LATA. In no event will AT&T-12STATE be required to route such traffic through more than one of its Tandem Switches for connection to/from switched access customers. AT&T-12STATE shall have no responsibility to ensure that any switched access customer will accept traffic that CLEC directs to the switched access customer.
AT&T-12STATE and WSP shall each be responsible for its share of the publication expense (i.e. filing fees, delivery and reproduction expense, and newspaper notification fees), to the extent publication is required for filing of an amendment by a specific state.
AT&T-12STATE and WSP shall each be responsible for one-half (1/2) of expenses payable to a Third Party for Commission fees or other charges (including regulatory fees and any costs of notice or publication, but not including attorney’s fees) associated with the filing of this Agreement. Prior to the filing of this Agreement in the state of Nevada, WSP will submit a check in the amount of $200.00, payable to Public Utilities Commission of Nevada, to cover its portion of the expenses incurred with filing this Agreement. Prior to the filing of each and every Amendment filed in connection with this Agreement in the state of Nevada, WSP will submit a check in the amount of $200.00, payable to Public Utilities Commission of Nevada, to cover its portion of the expenses incurred with filing of each amendment filed in connection with this Agreement. Upon receipt of WSP’s check, the Agreement will be processed for filing with the Commission.
