Common use of AT&T-12STATE Clause in Contracts

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. 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 Xxxx 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. 11.5.1 9.5.1 If the Non-Paying Party fails within a specific state to (a) pay any undisputed Unpaid Charges in response to the Billing Party’s Section 11.2 9.2 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 Lawapplicable law, provide written demand to the Non-Paying Party party for payment of any of the obligations set forth in (a) through (d) of this Section section within ten (10) Business Days. On the day that the Billing Party provides such written demand to the Non- Non-Paying Party, the Billing Party may also exercise any or all of the following options: 11.5.1.1 9.5.1.1 suspend in that state acceptance of any application, request or order from the Non-Non- Paying Party for new or additional Interconnection, Resale Services, Lawful 251(c)(3) Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or 11.5.1.2 9.5.1.2 suspend in that state completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful 251(c)(3) Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement. 11.5.2 9.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Section 11.5.19.5.1, Section 11.5.1.1 9.5.1.1 and Section 00.0.0.00.0.0.0: 11.5.2.1 9.5.2.1 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 9.5.2.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.

AT&T-12STATE. 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 Page 43 of 419 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. 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- 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.