Common use of BILLING AND PAYMENT OF CHARGES Clause in Contracts

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 6 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBTSBC SOUTHWEST REGION 5- STATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection and Resale Agreement, Intercarrier Compensation Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall will be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SBC SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 9.1 Unless otherwise stated, each Party SBC-13STATE will render monthly xxxx(sbill(s) to the other CLEC for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 9.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 9.2 of this Agreement. 8.1.2 9.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 9.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 9.1.4 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 9.1.4.1 through 8.1.5.39.1.4.3, as applicable. 8.1.5.1 9.1.4.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 9.1.4.2 If any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SBC- SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 9.1.4.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 9.2 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 9.2.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 9.3 If any charge incurred by portion of an amount due to SBC-13STATE for services furnished under this Agreement is Past Duesubject to a bona fide dispute, CLEC shall, prior to the unpaid Bill Due Date, give written notice to SBC-13STATE of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item, as listed in Section 18.4.1. CLEC shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of pay when due (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state all undisputed amounts, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the highest rate Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 9.3.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 9.3.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 9.3.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 9.3.4 In addition to the foregoing requirements for the Third Party escrow agent, CLEC and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 9.3.4.1 The escrow account must be an interest that bearing account; 9.3.4.2 All charges associated with opening and maintaining the escrow account will be borne by CLEC; 9.3.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be charged under Applicable Law, compounded daily subjected to the financial institution’s charges for serving as the Third Party escrow agent; 9.3.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 9.3.4.5 Disbursements from the Xxxx Due Date escrow account shall be limited to those: 9.3.4.5.1 authorized in writing by both CLEC and including SBC- 13STATE (that is, signature(s) from representative(s) of CLEC only are not sufficient to properly authorize any disbursement); or 9.3.4.5.2 made in accordance with the date final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 15.7; or 9.3.4.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the payment arbitrator’s award pursuant to Section 15.7. 9.4 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 9.1. 9.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 15. 9.6 If CLEC disputes any charges for services furnished under this Agreement and any portion of the dispute is actually made and available.resolved in favor of CLEC, the Parties shall cooperate to ensure that all of the following actions are taken:

Appears in 3 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBCSBC MIDWEST REGION 5- STATE, SBC SOUTHWEST REGION 5-AMERITECH, SBC- SWBT STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC LEVEL 3 is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). Payment must be made in accordance with the terms set forth in Section 8.3 of this Agreement. 8.1.5 If CLEC LEVEL 3 or SBC-12STATE fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC LEVEL 3 or SBC-12STATE after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE the billing Party as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBTSBC SOUTHWEST REGION 5- STATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End End-Users that are business End End- Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBTSBC SOUTHWEST REGION 5- STATE's retail End End-Users that are business End End-Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%1-½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's LEVEL 3 intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT AT&T-10STATE and PACIFIC AT&T CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 10.3 of this Agreement. 8.1.2 10.1.2 Remittance in full of all bills rendered by AT&T NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET AT&T CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE AT&T-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than the SBCAT&T SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will comply with the process set forth in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCAT&T SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCAT&T SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will be governed by the SBC-SWBT AT&T SOUTHWEST REGION 5- STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCAT&T MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 10.2 If any charge incurred by SBC-13STATE AT&T-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's AT&T- 13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE SBC- 8STATE billing system other than SBC-SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SBC- SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall will be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 9.1 Unless otherwise stated, each Party SBC-13STATE will render monthly xxxx(sbill(s) to the other CLEC for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 9.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 9.2 of this Agreement. 8.1.2 9.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 9.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 9.1.4 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 9.1.4.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.9.1.4.3

Appears in 3 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any undisputed charges for services by the Xxxx Bill Due Date, or if a an undisputed payment or any portion of a an undisputed payment is received from CLEC after the Xxxx Bill Due Date, or if a an undisputed payment or any portion of a an undisputed payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SBC- SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If SBC-12STATE fails to remit payment for any undisputed charges for services by the Bill Due Date, or if an undisputed payment or any portion of an undisputed payment is received from SBC-12STATE after the Bill Due Date, or if an undisputed payment or any portion of an undisputed payment is received in funds which are not immediately available to CLEC as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed in accordance with section 8.2.1 below. 8.2.1. If any undisputed charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATECLEC's intrastate access services tariff in that state state, provided such rate is set forth in such applicable tariff, and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date up to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each undisputed payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, within thirty (30) days of the Bill Due Date give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”). The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non-appealable order of the Commission, agency, or court that had jurisdiction to enter an award. 8.5 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 8.1, or Sections 8.2 and 8.3. 8.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10. 8.7 If the Non-Paying Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying Party, the Parties shall cooperate to ensure that all of the following actions are taken: 8.7.1 the Billing Party shall credit the invoice of the Non-Paying Party for that portion of the Disputed Amounts resolved in favor of the Non-Paying Party, together with any Late Payment Charges assessed with respect thereto no later than the second Bill Due Date after the resolution of the Dispute; 8.7.2 within fifteen (15) calendar days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Non-Paying Party shall be released to the Non-Paying Party, together with any accrued interest thereon; 8.7.3 within fifteen (15) calendar days after resolution of the Dispute, the portion of the Disputed Amounts resolved in favor of the Billing Party shall be released to the Billing Party, together with any accrued interest thereon; and 8.7.4 no later than the third Bill Due Date after the resolution of the dispute regarding the Disputed Amounts, the Non-Paying Party shall pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of Late Payment Charges such Billing Party is entitled to receive pursuant to Section 8.1, or Sections 8.2 and 8.3. 8.8 Failure by the Non-Paying Party to pay any charges determined to be owed to the Billing Party within the time specified in Section 8.6 shall be grounds for termination of this Agreement.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT AT&T-10STATE and PACIFIC AT&T CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 10.3 of this Agreement. 8.1.2 10.1.2 Remittance in full of all bills rendered by AT&T NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET AT&T CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE AT&T-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than the SBCAT&T SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than SBCAT&T SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCAT&T SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCAT&T SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBC-SWBT AT&T SOUTHWEST REGION 5- STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCAT&T MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 10.2 If any charge incurred by SBC-13STATE AT&T-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's AT&T- 13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 3 contracts

Samples: Interconnection and Resale Agreement, Interconnection and/or Resale Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SBC SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-ILEC- EXCEPT SNET as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE SBC-ILEC-EXCEPT SNET billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-ILEC-EXCEPT SNET intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-ILEC-EXCEPT SNET under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-ILEC's-EXCEPT SNET intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-ILEC-EXCEPT SNET via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-ILEC-EXCEPT SNET. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-ILEC-EXCEPT SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-ILEC-EXCEPT SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-ILEC- EXCEPT SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10. 4.1. The Non- Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned xxxxxxx may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 10.7; or 8.4.4.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 10.7. 8.5 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 8.1. 8.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10. 8.7 If the Non-Paying Party disputes any charges for Resale Services or Network Elements and any portion of the dispute is resolved in favor of such Non-Paying Party, the Parties shall cooperate to ensure that all of the following actions are taken: 8.7.1 the Billing Party shall credit the invoice of the Non-Paying Party for that portion of the Disputed Amounts resolved in favor of the Non-Paying Party, together with any Late Payment Charges assessed with respect thereto no later than the second Bill Due Date after the resolution of the Dispute; 8.7.2 within fifteen (15) calendar days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Non- Paying Party shall be released to the Non-Paying Party, together with any accrued interest thereon; 8.7.3 within fifteen (15) calendar days after resolution of the Dispute, the portion of the Disputed Amounts resolved in favor of the Billing Party shall be released to the Billing Party, together with any accrued interest thereon; and 8.7.4 no later than the third Bill Due Date after the resolution of the dispute regarding the Disputed Amounts, the Non-Paying Party shall pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of Late Payment Charges such Billing Party is entitled to receive pursuant to Section 8.1. 8.8 Failure by the Non-Paying Party to pay any charges determined to be owed to the Billing Party within the time specified in Section 8.6 shall be grounds for termination of this Agreement.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Xxxx Due Date, 4.1. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non- appealable order of the arbitrator appointed pursuant to the provisions of Section 10.7; or 8.4.4.5.3 made in accordance with the final, non- appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 10.7. 8.5 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 8.1. 8.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10. 8.7 If the Non-Paying Party disputes any charges for Resale Services or Network Elements and any portion of the dispute is resolved in favor of such Non-Paying Party, the Parties shall cooperate to ensure that all of the following actions are taken: 8.7.1 the Billing Party shall credit the invoice of the Non-Paying Party for that portion of the Disputed Amounts resolved in favor of the Non-Paying Party, together with any Late Payment Charges assessed with respect thereto no later than the second Xxxx Due Date after the resolution of the Dispute; 8.7.2 within fifteen (15) calendar days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Non-Paying Party shall be released to the Non-Paying Party, together with any accrued interest thereon; 8.7.3 within fifteen (15) calendar days after resolution of the Dispute, the portion of the Disputed Amounts resolved in favor of the Billing Party shall be released to the Billing Party, together with any accrued interest thereon; and 8.7.4 no later than the third Xxxx Due Date after the resolution of the dispute regarding the Disputed Amounts, the Non-Paying Party shall pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of Late Payment Charges such Billing Party is entitled to receive pursuant to Section 8.1. 8.8 Failure by the Non-Paying Party to pay any charges determined to be owed to the Billing Party within the time specified in Section 8.6 shall be grounds for termination of this Agreement. 8.9 If either Party request one or more additional copies of a xxxx, the requesting Party will pay the Billing Party a reasonable fee for each additional copy, unless such copy was requested due to failure in delivery of the original xxxx or correction(s) to the original xxxx. 8.9.1 Each additional copy of any xxxx provided for billing from SBC-SWBT's CABS billing system will incur charges as specified in Access Service Tariff FCC No. 73 Section 13 Alternate Xxxx Media. 8.9.2 Bills provided to CLEC from SBC-SWBT'’s XXXX system through Xxxx Plus will incur charges as specified in Appendix Pricing.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE SBC- 8STATE billing system other than SBC-SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SBC- SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall will be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT AT&T-10STATE and PACIFIC AT&T CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 10.3 of this Agreement. 8.1.2 10.1.2 Remittance in full of all bills rendered by AT&T NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET AT&T CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE AT&T-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than the SBCAT&T SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will comply with the process set forth in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCAT&T SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCAT&T SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will be governed by the SBC-SWBT AT&T SOUTHWEST REGION 5- STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCAT&T MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 10.2 If any charge incurred by SBC-13STATE AT&T-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's AT&T- 13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT AT&T-10STATE and PACIFIC AT&T CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 10.3 of this Agreement. 8.1.2 10.1.2 Remittance in full of all bills rendered by AT&T NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET AT&T CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE AT&T-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than the SBCAT&T SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will comply with the process set forth in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCAT&T SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCAT&T SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will be governed by the SBC-SWBT AT&T SOUTHWEST REGION 5- STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCAT&T MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 10.2 If any charge incurred by SBC-13STATE AT&T-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's AT&T- 13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SBC- SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10. 4.1. The Non-Paying Party shall pay when due (i) all amounts due to the Billing Party, provided the Non-paying Party may dispute the Disputed Amount under the Dispute Resolution process of this Agreement, or (ii) all undisputed amounts to the Billing Party and all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non- appealable order of the arbitrator appointed pursuant to the provisions of Section 10.7; or 8.4.4.5.3 made in accordance with the final, non- appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 10.7.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-ILEC- EXCEPT SNET as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE SBC-ILEC-EXCEPT SNET billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-ILEC-EXCEPT SNET intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-ILEC-EXCEPT SNET under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-ILEC's-EXCEPT SNET intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-ILEC-EXCEPT SNET via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-ILEC-EXCEPT SNET. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-ILEC-EXCEPT SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-ILEC-EXCEPT SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-ILEC- EXCEPT SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10. 4.1. The Non- Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 10.7; or 8.4.4.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 10.7. 8.5 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 8.1. 8.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10. 8.7 If the Non-Paying Party disputes any charges for Resale Services or Network Elements and any portion of the dispute is resolved in favor of such Non-Paying Party, the Parties shall cooperate to ensure that all of the following actions are taken: 8.7.1 the Billing Party shall credit the invoice of the Non-Paying Party for that portion of the Disputed Amounts resolved in favor of the Non-Paying Party, together with any Late Payment Charges assessed with respect thereto no later than the second Bill Due Date after the resolution of the Dispute; 8.7.2 within fifteen (15) calendar days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Non- Paying Party shall be released to the Non-Paying Party, together with any accrued interest thereon; 8.7.3 within fifteen (15) calendar days after resolution of the Dispute, the portion of the Disputed Amounts resolved in favor of the Billing Party shall be released to the Billing Party, together with any accrued interest thereon; and 8.7.4 no later than the third Bill Due Date after the resolution of the dispute regarding the Disputed Amounts, the Non-Paying Party shall pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of Late Payment Charges such Billing Party is entitled to receive pursuant to Section 8.1. 8.8 Failure by the Non-Paying Party to pay any charges determined to be owed to the Billing Party within the time specified in Section 8.6 shall be grounds for termination of this Agreement.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 10.3 of this Agreement. 8.1.2 10.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 2 contracts

Samples: Interconnection and Resale Agreement, Interconnection and Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 44.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 44.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 44.3 of this Agreement. 8.1.2 44.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 44.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 44.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 44.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 44.1.5.1 through 8.1.5.344.1.5.3, as applicable. 8.1.5.1 44.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 44.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 44.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 44.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SBC SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBTSBC SOUTHWEST REGION 5- STATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in this Agreement, applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.1through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SBC- SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's ’s XXXX shall comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's ’s XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-XXXX- billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-Commission- approved tariff governing Late Payment Charges to SBC-SBC- SWBT's ’s retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's ’s XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's ’s retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-one- half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's ’s intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC- AMERITECH, SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.and

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party.. *19 Issue 10 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBTSBC SOUTHWEST REGION 5- STATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC- 13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC- 12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC must use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer must be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-12STATE is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution but excluding SBC- 12STATE’s financial institution. CLEC is responsible for its own banking fees. 8.3.1 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed. CLEC is responsible for any Late Payment Charges resulting from CLEC’s failure to use electronic funds credit transfers through the ACH network. 8.3.2 CLEC must make all payments to SBC CONNECTICUT in “immediately available funds.” All payments to SBC CONNECTICUT must be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC CONNECTICUT. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC must use the CCD+ or the CTX transaction set. CLEC and SBC CONNECTICUT will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment must be received by SBC CONNECTICUT no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC CONNECTICUT is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. *208.4 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10.4.1. The Disputing Party should utilize any existing and preferred form provided by the Billing Party to communicate disputes to the Billing Party. On or before the Bill Due Date, the Non-Paying Party must pay (i) all undisputed amounts to the Billing Party, and (ii) provide a notice to the Billing Party with the information set forth in Section 10.4.1 pertaining to any Disputed Amounts. *218.5 Intentionally left blank. *228.6 Intentionally left blank. *238.6.1 Intentionally left blank. 6.1.1 Intentionally left blank. *258.6.1.2 Intentionally left blank. 6.1.3 Intentionally left blank. *20 Issue 11 *21 Issue 11 *22 Issue 11 *23 Issue 11 *24 Issue 11 *25 Issue 11 *26 Issue 11 *278.6.2 Intentionally left blank. 6.2.1 Intentionally left blank. 6.2.2 Intentionally left blank. 6.2.3 Intentionally left blank. 6.2.4 Intentionally left blank. *328.6.2.5 *338.6.2.5.1 Intentionally left blank. *348.6.2.5.2 Intentionally left blank. *358.6.2.5.3 Intentionally left blank. *368.6.3 Intentionally left blank. 8.6.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10.

Appears in 1 contract

Samples: Interconnection and Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SBC SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBTSBC SOUTHWEST REGION 5- STATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 9.1 Unless otherwise stated, each Party SBC-13STATE will render monthly xxxx(sbill(s) to the other CLEC for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 9.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 9.2 of this Agreement. 8.1.2 9.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 9.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 9.1.4 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 9.1.4.1 through 8.1.5.39.1.4.3, as applicable. 8.1.5.1 9.1.4.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 9.1.4.2 If any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SBC- SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 9.1.4.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 9.2 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 9.2.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 9.3 If any charge incurred by portion of an amount due to SBC-13STATE for services furnished under this Agreement is Past Duesubject to a bona fide dispute, CLEC shall, prior to the unpaid Bill Due Date, give written notice to SBC-13STATE of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item, as listed in Section 18.4.1. CLEC shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of pay when due (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state all undisputed amounts, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the highest rate Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 9.3.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 9.3.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 9.3.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 9.3.4 In addition to the foregoing requirements for the Third Party escrow agent, CLEC and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 9.3.4.1 The escrow account must be an interest that bearing account; 9.3.4.2 All charges associated with opening and maintaining the escrow account will be borne by CLEC; 9.3.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be charged under Applicable Law, compounded daily subjected to the financial institution’s charges for serving as the Third Party escrow agent; 9.3.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 9.3.4.5 Disbursements from the Xxxx Due Date escrow account shall be limited to those: 9.3.4.5.1 authorized in writing by both CLEC and including SBC- 13STATE (that is, signature(s) from representative(s) of CLEC only are not sufficient to properly authorize any disbursement); or 9.3.4.5.2 made in accordance with the date final, non- appealable order of the arbitrator appointed pursuant to the provisions of Section 15.7; or 9.3.4.5.3 made in accordance with the final, non- appealable order of the court that had jurisdiction to enter the payment arbitrator’s award pursuant to Section 15.7. 9.4 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 9.1. 9.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 15. 9.6 If CLEC disputes any charges for services furnished under this Agreement and any portion of the dispute is actually made and available.resolved in favor of CLEC, the Parties shall cooperate to ensure that all of the following actions are taken:

Appears in 1 contract

Samples: Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT AT&T-10STATE and PACIFIC AT&T CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 10.3 of this Agreement. 8.1.2 10.1.2 Remittance in full of all bills rendered by AT&T NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET AT&T CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE AT&T-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than the SBCAT&T SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will comply with the process set forth in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCAT&T SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCAT&T SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will be governed by the SBCAT&T SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCAT&T MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 10.2 If any charge incurred by SBC-13STATE AT&T-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's AT&T-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC- 12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10. 4.1. The Non- Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 10.7; or 8.4.4.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 10.7.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC- 13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC- 12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC must use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer must be received by SBC-12STATE no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SBC-12STATE is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed. CLEC is responsible for any Late Payment Charges resulting from CLEC’s failure to use electronic funds credit transfers through the ACH network. 8.3.2 CLEC must make all payments to SBC CONNECTICUT in “immediately available funds.” All payments to SBC CONNECTICUT must be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC CONNECTICUT. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC must use the CCD+ or the CTX transaction set. CLEC and SBC CONNECTICUT will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment must be received by SBC CONNECTICUT no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SBC CONNECTICUT is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Xxxx Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10.4.1. 8.5 Intentionally Left Blank

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC must use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer must be received by SBC-12STATE no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SBC-12STATE is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed. CLEC is responsible for any Late Payment Charges resulting from CLEC’s failure to use electronic funds credit transfers through the ACH network. 8.3.2 CLEC must make all payments to SBC CONNECTICUT in “immediately available funds.” All payments to SBC CONNECTICUT must be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC CONNECTICUT. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC must use the CCD+ or the CTX transaction set. CLEC and SBC CONNECTICUT will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment must be received by SBC CONNECTICUT no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SBC CONNECTICUT is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Xxxx Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10.4.1. The Disputing Party should utilize any existing and preferred form provided by the Billing Party to communicate disputes to the Billing Party. On or before the Xxxx Due Date, the Non-Paying Party must pay (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties.

Appears in 1 contract

Samples: Interconnection and/or Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in this Agreeement. applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.1through 8.1.5.3, as applicable. 8.1.5.1.1 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBCSBC MIDWEST REGION 5- STATE, SBC SOUTHWEST REGION 5-AMERITECH, SBC- SWBT STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). Payment must be made in accordance with the terms set forth in Section 8.3 of this Agreement. 8.1.5 If CLEC or SBC-12STATE fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC or SBC-12STATE after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE the billing Party as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBTSBC SOUTHWEST REGION 5- STATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End End-Users that are business End End- Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBTSBC SOUTHWEST REGION 5- STATE's retail End End-Users that are business End End-Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%1-½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's CLEC intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A C2 -A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date. 8.1.4 Remittance in full of all bills rendered by CLEC SCC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date). 8.1.5 If CLEC SCC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC S CC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SBC- SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed b illed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved Commission -approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.3 SCC shall make all payments to SBC-12STATE via check with immediately available funds so that SBC-12STATE shall receive such payment no later than the Billing Due Date of each bill. If SBC-12STATE issues two late payment notices, as provided herein, within a twelve month period to SC C, SCC shall immediately begin electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. If SCC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network, and SCC shall use the CCD+ or the CTX transaction set. SCC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer or payment to SBC-12STATE shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by SCC or Third Parties, including SCC's financial institution. SCC is responsible for its own banking fees. 8.3.1 SCC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC, via check with immediately available funds or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institutio n designated by SNET. If SCC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If SCC makes payment through funds transfer via the ACH network, SCC shall use the CCD+ or the CTX transaction set. SCC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by SCC or Third Parties, including SCC's financial institution. SCC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party” ) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Bill Due Date, give written notice to the B xxxxxx Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10. 4.1. The Non - Paying Party shall pay when due (i) all undisputed amounts to the Bi lling Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution pro posed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.and

Appears in 1 contract

Samples: Interconnection Agreement

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BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT AT&T-10STATE and PACIFIC AT&T CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 10.3 of this Agreement. 8.1.2 10.1.2 Remittance in full of all bills rendered by AT&T NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET AT&T CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE AT&T-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than the SBCAT&T SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will comply with the process set forth in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCAT&T SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCAT&T SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will be governed by the SBC-SWBT AT&T SOUTHWEST REGION 5- STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCAT&T MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 10.2 If any charge incurred by SBC-13STATE AT&T-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's AT&T- 13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 10.3 CLEC shall make all payments to AT&T-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by AT&T- 12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC must use the CCD+ or the CTX transaction set. CLEC and AT&T-12STATE will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer must be received by AT&T-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. AT&T-12STATE is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 10.3.1 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed. CLEC is responsible for any Late Payment Charges resulting from CLEC’s failure to use electronic funds credit transfers through the ACH network. 10.3.2 CLEC must make all payments to AT&T CONNECTICUT in “immediately available funds.” All payments to AT&T CONNECTICUT must be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by AT&T CONNECTICUT. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC must use the CCD+ or the CTX transaction set. CLEC and AT&T CONNECTICUT will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment must be received by AT&T CONNECTICUT no later than the Bill Due Date of each bill or Late Payment Charges will apply. AT&T CONNECTICUT is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 10.4 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 12.4.1. The Disputing Party should utilize any existing and preferred form provided by the Billing Party to communicate disputes to the Billing Party. On or before the Bill Due Date, the Non-Paying Party must pay (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts [other than disputed charges arising from Appendix Intercarrier Compensation] into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. 10.5 Disputed Amounts in escrow will be subject to Late Payment Charges as set forth in Section 10.1.5.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-ILEC-EXCEPT SNET as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE SBC-ILEC-EXCEPT SNET billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-ILEC-EXCEPT SNET intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SBC- SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-ILEC-EXCEPT SNET under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-ILEC's-EXCEPT SNET intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 9.1 Unless otherwise stated, each Party SBC-13STATE will render monthly xxxx(s) to the other CLEC for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 9.1.1 Remittance in full FULL of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and AND PACIFIC is IS due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”"XXXX DUE DATE") and shall be paid in accordance with the terms of Section 8.3 9.2 of this Agreement. 8.1.2 9.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”"XXXX DUE DATE". 8.1.3 9.1.3 Remittance in full fall of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the "Xxxx Due Date”DUE DATE". 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 9.1.4 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Due Date (individually and collectively, “Past Due”"PAST DUE"), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 9.1.4.1 through 8.1.5.39.1.4.3, as applicable. 8.1.5.1 9.1.4.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 9.1.4.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's 'S XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's 'S retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available. 9.1.4.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Due Date at the lesser of (i) one and one-half percent (1 1/2%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available. 9.2 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 9.2.1 CLEC shall make all payments to SNET in "immediately available funds." All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 9.3 If any portion of an amount due to SBC-13STATE for services furnished under this Agreement is subject to a bona fide dispute, CLEC shall, prior to the Xxxx Due Date, give written notice to SBC-13STATE of the amounts it disputes ("Disputed Amounts") and include in such written notice the specific details and reasons for disputing each item, as listed in Section 18.4. 1. CLEC shall pay when due (i) all undisputed amounts, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 9.3.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 9.3.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 9.3.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 9.3.4 In addition to the foregoing requirements for the Third Party escrow agent, CLEC and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 9.3.4.1 The escrow account must be an interest bearing account; 9.3.4.2 All charges associated with opening and maintaining the escrow account will be borne by CLEC; 9.3.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be subjected to the financial institution's charges for serving as the Third Party escrow agent; 9.3.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 9.3.4.5 Disbursements from the escrow account shall be limited to those: 9.3.4.5.1 authorized in writing by both CLEC and SBC-13STATE (that is, signature(s) from representative(s) of CLEC only are not sufficient to properly authorize any disbursement); or 9.3.4.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 15.7; or 9.3.4.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator's award pursuant to Section 15.7. 9.4 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 9.1. 9.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 15. 9.6 If CLEC disputes any charges for services furnished under this Agreement and any portion of the dispute is resolved in favor of CLEC, the Parties shall cooperate to ensure that all of the following actions are taken: 9.6.1 SBC-13STATE shall credit the invoice of CLEC for that portion of the Disputed Amounts resolved in favor of CLEC, together with any Late Payment Charges assessed with respect thereto no later than the second Xxxx Due Date after the resolution of the Dispute; 9.6.2 within fifteen (15) calendar days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of CLEC shall be released to CLEC, together with any accrued interest thereon;

Appears in 1 contract

Samples: Resale Agreement (Essential Com Inc)

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.and

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance Subject to Sections 8.4-8.8, remittance in full of all bills rendered by SBCSBC-10STATE and SBC- CALIFORNIA to CLEC-10STATE and CLEC-AMERITECH, SBC- SWBT CALIFORNIA and PACIFIC vice versa is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance Subject to Sections 8.4-8.8, remittance in full of all bills rendered by SBC-NEVADA to CLEC- NEVADA and vice-versa is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 Remittance Subject to Sections 8.4-8.8, remittance in full of all bills rendered by SNET SBC CONNECTICUT to CLEC-CONNECTICUT and vice versa is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance Subject to Sections 8.4-8.8, remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC Subject to Sections 8.4-8.8, if a Party fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC a Party after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE the billing Party as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.38.2, as applicable. 8.1.5.1 If Subject to Sections 8.4-8.8, if any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT SBC SOUTHWEST REGION 5- STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If Subject to Sections 8.4-8.8, if any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If Subject to Sections 8.4-8.8, if any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If Subject to Sections 8.4-8.8, if any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available. 8.3 The Parties CLEC-12STATE shall make all payments to SBC-12STATE, and vice versa, one another via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE or CLEC-12STATE (whichever is the receiving Party)each Party. Remittance information will be communicated together with the funds transfer via the ACH network. The parties must use the CCD+ or the CTX transaction set. The parties will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Subject to Sections 8.4-8.8, eEach ACH credit transfer must be received by SBC-12STATE or CLEC-12STATE, as the case may be, the Billing Party no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. Neither party will be Neither SBC-12STATE nor CLEC-12STATEis liable for any delays in receipt of funds or errors in entries caused by the other Party or Third Parties when paying a xxxx, including the Paying Party’s financial institution. Each Party is responsible for its own banking fees. 8.3.1 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed. A Party is responsible for any Late Payment Charges resulting from that Party’s failure to use electronic funds credit transfers through the ACH network. 8.4 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Xxxx Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice a commercially reasonable explanation of the basis for the dispute, including, to the extent commercially reasonable in the circumstances, the specific details and reasons for disputing each item listed in Section 10.4. 1. Upon written request from the Billing Party, the Non-Paying Party shall provide additional detail and explanation of the basis of a dispute within a commercially reasonable time. The Disputing Party should utilize any existing and preferred form provided by the Billing Party to communicate disputes to the Billing Party. On or before the Xxxx Due Date, the Non-Paying Party must pay (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. 8.5 Disputed Amounts in escrow will be subject to Late Payment Charges as set forth in Section 8.1.5.

Appears in 1 contract

Samples: Interconnection and Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SBC- SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall will be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SBC- SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SBC- SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10. 4.1. The Non-Paying Party shall pay when due (i) all amounts due to the Billing Party, provided the Non-paying Party may dispute the Disputed Amount under the Dispute Resolution process of this Agreement, or (ii) all undisputed amounts to the Billing Party and all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned xxxxxxx may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non- appealable order of the arbitrator appointed pursuant to the provisions of Section 10.7; or 8.4.4.5.3 made in accordance with the final, non- appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 10.7. 8.5 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 8.1. 8.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall will be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's SBC-13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBCSBC MIDWEST REGION 5- STATE, SBC SOUTHWEST REGION 5-AMERITECH, SBC- SWBT STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). Payment must be made in accordance with the terms set forth in Section 8.3 of this Agreement. 8.1.5 If CLEC or SBC-12STATE fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC or SBC-12STATE after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE the billing Party as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End End-Users that are business End End- Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBTSBC SOUTHWEST REGION 5- STATE's retail End End-Users that are business End End-Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%1-½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's CLEC intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Xxxxork Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Due Date”"BILL DUE DATE") and shall be paid in accordance with wxxx the terms xxxms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”."BILL DUE DATE". XXNERAL TERMS AND CONDITIONS-SBC-13STATE PAGE 44 OF 99 SBC-13STATE/TALK.COM HOLDING, CORP. 060100 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”"BILL DUE DATE". 8.1.4 Remittance in full of all bills rendered billx xxndered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Due Date”"BILL DUE DATE"). 8.1.5 If CLEC fails to remit tx xxmit payment for xxx any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment payxxxx is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”"PAST DUE"), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXXCRIS) is Past Due, the unpaid amounts shall bear interest xxxerest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used raxx xsed to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payxxxx is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX CRIS is Past Due, interest shall be applied to the unpaid amounts shall bear inxxxxst from the day following the Xxxx Bill Due Date until paid. The interest rate applied applxxx to SBC-SWBT XXXXCRIS-billed Past Due unpaid amounts shall be the lesser lxxxxr of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent haxx xercent (1 ½%%) per month and (ii) the GENERAL TERMS AND CONDITIONS-SBC-13STATE PAGE 45 OF 99 SBC-13STATE/TALK.COM HOLDING, CORP. 060100 highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment xxxxent is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be xx the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually actuaxxx made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will applx. SBC-12STATE shall xxt be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in "immediately available funds." All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges wixx xpply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the "BILLING PARTY") for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the "NON-PAYING PARTY") shall, GENERAL TERMS AND CONDITIONS-SBC-13STATE PAGE 46 OF 99 SBC-13STATE/TALK.COM HOLDING, CORP. 060100

Appears in 1 contract

Samples: Interconnection Agreement (Talk America)

BILLING AND PAYMENT OF CHARGES. 8.1 44.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 44.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 44.3 of this Agreement. 8.1.2 44.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 44.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 44.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 44.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment Page 75 of 562 GENERAL TERMS AND CONDITIONS Page 71 of 93 NEVADA/MCIMETRO ACCESS TRANSMISSION SERVICES LLC is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 44.1.5.1 through 8.1.5.344.1.5.3, as applicable. 8.1.5.1 44.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 44.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 44.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available.. Page 76 of 562 GENERAL TERMS AND CONDITIONS Page 72 of 93 NEVADA/MCIMETRO ACCESS TRANSMISSION SERVICES LLC 8.2 44.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBCSBC MIDWEST REGION 5- STATE, SBC SOUTHWEST REGION 5-AMERITECH, SBC- SWBT STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC LEVEL 3 is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). Payment must be made in accordance with the terms set forth in Section 8.3 of this Agreement. 8.1.5 If CLEC LEVEL 3 or SBC-12STATE fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC LEVEL 3 or SBC-12STATE after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE the billing Party as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT SBC SOUTHWEST REGION 5- STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End End-Users that are business End End-Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBTSBC SOUTHWEST REGION 5- STATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End End- Users that are business End End-Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%1-½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's LEVEL 3 intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Bill Due Date at the lesser of of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. SBC- 12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Bill Due Date of each bill or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item listed in Section 10. 4.1. The Non-Paying Party shall pay when due (i) all amounts due to the Billing Party, provided the Non-paying Party may dispute the Disputed Amount under the Dispute Resolution process of this Agreement, or (ii) all undisputed amounts to the Billing Party and all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned xxxxxxx may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 10.7; or 8.4.4.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 10.7. 8.5 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 8.1. 8.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder (“Facilities and Services”) at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered Undisputed Amounts billed by SBC-AMERITECHSBC-10 STATE, SBC- SWBT and PACIFIC is due within within: (i) thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”), or (ii) twenty-one (21) calendar days after CLEC receives a xxxx, whichever is later, and shall be paid in accordance with the terms of Section 8.3 of this Agreement. For the purposes of this section, bills sent to CLEC electronically will be presumed to have been received on the same day that they were sent and bills sent to CLEC by other means (e.g., mail) will be presumed to have been received three (3) business days after they were sent. For the purposes of this sections, if bills are sent both by electronic and other means (e.g., mail) then it is presumed that the electronic xxxx will have been delivered first. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”Intentionally left blank. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”Intentionally left blank. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges Undisputed Charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment Undisputed Charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment Undisputed Charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge interest (“Late Payment Interest”) shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateIntentionally left blank. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateIntentionally left blank. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall accrue interest Late Payment Interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SBC- SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in “immediately available funds.” All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment shall be received by SNET no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the “Billing Party”) for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Xxxx Due Date, 4.1. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria: 8.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 8.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 8.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers. 8.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the disputing Party and the financial institution proposed as the Third Party escrow agent must agree that the escrow account will meet all of the following criteria: 8.4.4.1 The escrow account must be an interest bearing account; 8.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the disputing Party; 8.4.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be subjected to the financial institution’s charges for serving as the Third Party escrow agent; 8.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and 8.4.4.5 Disbursements from the escrow account shall be limited to those: 8.4.4.5.1 authorized in writing by both the disputing Party and the Billing Party (that is, signature(s) from representative(s) of the disputing Party only are not sufficient to properly authorize any disbursement); or 8.4.4.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 10.7; or 8.4.4.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 10.7. 8.5 Disputed Amounts in escrow shall be subject to Late Payment Charges as set forth in Section 8.1. 8.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10. 8.7 If the Non-Paying Party disputes any charges for Resale Services or Network Elements and any portion of the dispute is resolved in favor of such Non-Paying Party, the Parties shall cooperate to ensure that all of the following actions are taken: 8.7.1 the Billing Party shall credit the invoice of the Non-Paying Party for that portion of the Disputed Amounts resolved in favor of the Non-Paying Party, together with any Late Payment Charges assessed with respect thereto no later than the second Xxxx Due Date after the resolution of the Dispute; 8.7.2 within fifteen (15) calendar days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Non-Paying Party shall be released to the Non-Paying Party, together with any accrued interest thereon; 8.7.3 within fifteen (15) calendar days after resolution of the Dispute, the portion of the Disputed Amounts resolved in favor of the Billing Party shall be released to the Billing Party, together with any accrued interest thereon; and 8.7.4 no later than the third Xxxx Due Date after the resolution of the dispute regarding the Disputed Amounts, the Non-Paying Party shall pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of Late Payment Charges such Billing Party is entitled to receive pursuant to Section 8.1. 8.8 Failure by the Non-Paying Party to pay any charges determined to be owed to the Billing Party within the time specified in Section 8.6 shall be grounds for termination of this Agreement. 8.9 If either Party request one or more additional copies of a xxxx, the requesting Party will pay the Billing Party a reasonable fee for each additional copy, unless such copy was requested due to failure in delivery of the original xxxx or correction(s) to the original xxxx. 8.9.1 Each additional copy of any xxxx provided for billing from SBC-SWBT's CABS billing system will incur charges as specified in Access Service Tariff FCC No. 73 Section 13 Alternate Xxxx Media. 8.9.2 Bills provided to CLEC from SBC-SWBT'’s XXXX system through Xxxx Plus will incur charges as specified in Appendix Pricing.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated(a) In consideration of XXXXX tendering to CARRIER shipments for transportation on behalf of XXXXX’X customers, each Party CARRIER hereby acknowledges and agrees that XXXXX shall be the only person liable to CARRIER for freight charges or for any other charges due CARRIER for services provided under this Agreement. CARRIER shall have no right or claim against XXXXX’X customers, a Consignor, a Consignee, or any party other than XXXXX for such charges and CARRIER shall not under any circumstances seek payment from any person other than XXXXX. (b) CARRIER agrees that it will render monthly xxxx(s) issue its invoices for freight and other charges directly to XXXXX for any and all amounts due to CARRIER. CARRIER shall not issue invoices for freight and other charges to the Consignor, Consignee, or any other person, unless directed to do so in writing by XXXXX. (c) CARRIER will charge and XXXXX will pay for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder Services at the rates set forth and charges shown on separate Rate Confirmation Sheets. A Rate Confirmation Sheet is to be signed and agreed to by CARRIER and XXXXX before each shipment. Under no circumstance shall any other rate, penalty, loss of discount, late fees, collection fees, or attorney’s fees apply provided, however, if XXXXX requests a service where the charge is not stated in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as a rate confirmation and is not agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance parties in full writing prior to the time of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Dueshipment, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts said service shall be the lesser of (i) the lowest competitive market rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that statesaid service. 8.1.5.3 If any charge incurred under this Agreement that is billed out (d) Payment by XXXXX will be made within thirty days of any SBC-AMERITECH billing system is Past Duereceipt by XXXXX of CARRIER’S freight xxxx, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser xxxx of (i) one lading, a clear delivery receipt, and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date any other necessary billing documents enabling XXXXX to and including the date ascertain that the payment is actually made and availableService has been provided. 8.2 If (e) XXXXX shall have the right to offset from freight or other charges by CARRIER any charge incurred by SBC-13STATE under this Agreement is Past Dueclaims for loss, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Lawdamage or delay, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and availableor claims for overcharges, duplicate payments or unidentified payments.

Appears in 1 contract

Samples: Broker – Carrier Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Bill Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Bill Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 10.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date.. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection and Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.and

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(s) to the other for Interconnection, Resale Services, Network Elements, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx date GENERAL TERMS AND CONDITIONS-SBC-13STATE PAGE 43 OF 98 SBC-13STATE/BIRCH TELECOM OF OKLAHOMA 120799 (the “Xxxx Due Date”"XXXX DUE DATE") and shall be paid in accordance with the terms of Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Due Date”"XXXX DUE DATE". 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Due Date”"XXXX DUE DATE". 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx date (the “Xxxx Due Date”"XXXX DUE DATE"). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Due Date, or if a payment or any portion of a payment is received from CLEC after the Xxxx Due Date, or if a payment or any portion of a payment is received in funds which are not immediately available to SBC- 13STATE SBC-13STATE as of the Xxxx Due Date (individually and collectively, “Past Due”"PAST DUE"), then a late payment charge shall be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of any SBC-8STATE billing system other than SBC-SWBT's XXXX shall comply with the process set forth in the applicable SBC- 8STATE intrastate access services tariff for that stateactually made and available. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of GENERAL TERMS AND CONDITIONS-SBC-13STATE PAGE 44 OF 98 SBC-13STATE/BIRCH TELECOM OF OKLAHOMA 120799 interest that may be charged under Applicable Law. The method , compounded daily from the Xxxx Due Date to and timing for application of interest to any charge incurred under this Agreement including the date that the payment is billed out of SBC-SWBT's XXXX shall be governed by the SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that stateactually made and available. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-AMERITECH billing system is Past Due, the unpaid amounts shall accrue interest from the Xxxx Due Date at the lesser of (i) one and one-half percent (1 ½%1/2%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE SBC-12STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATESBC-12STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available. 8.3 CLEC shall make all payments to SBC-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SBC-12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC shall use the CCD+ or the CTX transaction set. CLEC and SBC-12STATE shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer shall be received by SBC-12STATE no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SBC-12STATE shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.3.1 CLEC shall make all payments to SNET in "immediately available funds." All payments to SNET shall be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the CT-DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by SNET. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC shall use the CCD+ or the CTX transaction set. CLEC and SNET shall abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. GENERAL TERMS AND CONDITIONS-SBC-13STATE PAGE 44 OF 98 SBC-13STATE/BIRCH TELECOM OF OKLAHOMA 120799 Each payment shall be received by SNET no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. SNET shall not be liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 8.4 If any portion of an amount due to a Party (the "BILLING PARTY") for Resale Services or Network Elements under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the "NON-PAYING PARTY") shall, prior to the Xxxx Due Date, give written notice to the Billing Party of the amounts it disputes ("DISPUTED AMOUNTS") and include in such written notice the specific details and reasons for disputing each item listed in Section 10.

Appears in 1 contract

Samples: Interconnection Agreement (Birch Telecom Inc /Mo)

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT SBC-10STATE and PACIFIC SBC CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SBC SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE SBC-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBCSBC SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBCSBC SOUTHWEST REGION 5-SWBTSTATE's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCSBC SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBTSBC SOUTHWEST REGION 5- STATE's XXXX shall will be governed by the SBCSBC SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCSBC SOUTHWEST REGION 5-SWBTSTATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCSBC MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.

Appears in 1 contract

Samples: Interconnection and Resale Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SBC-SWBT and PACIFIC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.3 Remittance in full of all bills rendered by SNET is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date.. 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE 12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC-SWBT Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC-SBC- SWBT's XXXX shall will comply with the process set forth in the applicable SBC- 8STATE SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBC-SWBT XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC-SWBT's XXXX shall will be governed by the SBC-SBC- SWBT intrastate retail Commission-approved tariff governing Late Payment Charges to SBC-SWBT's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC-SBC- AMERITECH billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Due Date to and including the date that the payment is actually made and available. 8.2 If any charge incurred by SBC-13STATE under this Agreement is Past Due, the unpaid amounts shall bear interest from the day following the Xxxx Due Date until paid. The interest rate applied shall be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's intrastate access services tariff in that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and including the date that the payment is actually made and available.and

Appears in 1 contract

Samples: Interconnection Agreement

BILLING AND PAYMENT OF CHARGES. 8.1 10.1 Unless otherwise stated, each Party will render monthly xxxx(sbill(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 10.1.1 Remittance in full of all bills rendered by SBC-AMERITECH, SBC- SWBT AT&T-10STATE and PACIFIC AT&T CALIFORNIA is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”) and shall ). Payment must be paid made in accordance with the terms of set forth in Section 8.3 10.3 of this Agreement.. Page 38 of 419 8.1.2 10.1.2 Remittance in full of all bills rendered by AT&T NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.3 10.1.3 Remittance in full of all bills rendered by SNET AT&T CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Xxxx Bill Due Date”. 8.1.4 10.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each xxxx bill date (the “Xxxx Bill Due Date”). 8.1.5 10.1.5 If CLEC fails to remit payment for any charges for services by the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received from CLEC after the Xxxx Bill Due Date, or if a payment or for any portion of a payment the charges is received in funds which are not immediately available to SBC- 13STATE AT&T-12STATE as of the Xxxx Bill Due Date (individually and collectively, “Past Due”), then a late payment charge shall will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3below, as applicable. 8.1.5.1 10.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than the SBCAT&T SOUTHWEST REGION 5-SWBT STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE AT&T-8STATE billing system other than SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will comply with the process set forth in the applicable SBC- 8STATE AT&T-8STATE intrastate access services tariff for that state. 8.1.5.2 10.1.5.2 If any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX is Past Due, interest shall be applied to the unpaid amounts will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied to SBCAT&T SOUTHWEST REGION 5-SWBT STATE XXXX-billed Past Due unpaid amounts shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBCAT&T SOUTHWEST REGION 5-SWBT STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s XXXX shall will be governed by the SBC-SWBT AT&T SOUTHWEST REGION 5- STATE intrastate retail Commission-approved tariff governing Late Payment Charges to SBCAT&T SOUTHWEST REGION 5-SWBT's STATE’s retail End Users that are business End Users in that state. 8.1.5.3 10.1.5.3 If any charge incurred under this Agreement that is billed out of any SBCAT&T MIDWEST REGION 5-AMERITECH STATE billing system is Past Due, the unpaid amounts shall will accrue interest from the Xxxx Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Xxxx Bill Due Date to and including the date that the payment is actually made and available. 8.2 10.2 If any charge incurred by SBC-13STATE AT&T-13STATE under this Agreement is Past Due, the unpaid amounts shall bear will accrue interest from the day following the Xxxx Bill Due Date until paid. The interest rate applied shall will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC-13STATE's AT&T- 13STATE intrastate access services tariff in for that state and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Bill Due Date to and including the date that the payment is actually made and available. Page 39 of 419 10.3 CLEC shall make all payments to AT&T-12STATE via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by AT&T- 12STATE. Remittance information will be communicated together with the funds transfer via the ACH network. CLEC must use the CCD+ or the CTX transaction set. CLEC and AT&T-12STATE will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer must be received by AT&T-12STATE no later than the Bill Due Date of each bill or Late Payment Charges will apply. AT&T-12STATE is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees. 10.3.1 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed. CLEC is responsible for any Late Payment Charges resulting from CLEC’s failure to use electronic funds credit transfers through the ACH network. 10.3.2 CLEC must make all payments to AT&T CONNECTICUT in “immediately available funds.” All payments to AT&T CONNECTICUT must be made using one of the methods set forth in the Connecticut Access Service Tariff approved by the DPUC or via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by AT&T CONNECTICUT. If CLEC makes payment through funds transfer via the ACH network, remittance information will be communicated together with the funds transfer via the ACH network. If CLEC makes payment through funds transfer via the ACH network, CLEC must use the CCD+ or the CTX transaction set. CLEC and AT&T CONNECTICUT will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each payment must be received by AT&T CONNECTICUT no later than the Bill Due Date of each bill or Late Payment Charges will apply. AT&T CONNECTICUT is not liable for any delays in receipt of funds or errors in entries caused by CLEC or Third Parties, including CLEC's financial institution. CLEC is responsible for its own banking fees.

Appears in 1 contract

Samples: Interconnection Agreement

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