Common use of Commingling and Combinations Clause in Contracts

Commingling and Combinations. 3.11.1 Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.11.2 below): 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Amended Agreement pursuant to the Federal Unbundling Rules or under a Verizon UNE tariff (“Qualifying UNEs”), with any non-Section 251(c)(3) wholesale services and facilities obtained from Verizon under a Verizon access tariff or separate non-251 agreement or as Section 251(c)(4) resale under the Agreement (“Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by the Federal Unbundling Rules. Moreover, to the extent and so long as required by the Federal Unbundling Rules (subject to Section 3.11.1.3 below), Verizon shall, upon request of Xxxxx, perform the functions necessary to commingle or combine Qualifying UNEs with Wholesale Services obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that if any commingling requested by Supra requires Verizon to perform physical work that Verizon is required to perform under the Federal Unbundling Rules, then Verizon's charges previously approved by the Commission for such work shall apply.

Commingling and Combinations. 3.11.1 Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.11.2 and Section 4.4 below): 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Amended Agreement or pursuant to the Federal Unbundling Rules or under a Verizon UNE tariff (“Qualifying UNEs”), Applicable Law with any non-Section 251(c)(3) wholesale services and facilities obtained from Verizon under a Verizon access tariff or a separate non-251 agreement agreement, or as Section 251(c)(4) resale under the Agreement (“‘Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by the Federal Unbundling Rules, or other Applicable Law. Moreover, to the extent and so long as required by the Federal Unbundling Rules or other Applicable Law (subject to Section 3.11.1.3 below), Verizon shall, upon request of XxxxxRNK, perform the functions necessary to commingle or combine Qualifying such UNEs with Wholesale Services obtained from VerizonServices. The rates, terms and conditions of the applicable access tariff tariff, or, as applicable, separate agreement, or separate non-251 agreement rates, terms, and conditions otherwise applicable to section 251(c)(4) resale, will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided. 3.11.1.2 “Ratcheting,” i.e., howevera pricing mechanism that involves billing a single circuit at multiple rates to develop a single, blended rate, shall not be required. UNEs or combinations of UNEs that if any commingling requested by Supra requires are commingled with Wholesale Services do not constitute a shared use arrangement as set forth in the applicable Verizon to perform physical work that Verizon is required to perform under the Federal Unbundling Rules, then Verizon's charges previously approved by the Commission for such work shall applytariff.

Commingling and Combinations. 3.11.1 Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.11.2 below): 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Amended Agreement pursuant to the Federal Unbundling Rules or under a Verizon UNE tariff (“Qualifying UNEs”), with any non-Section 251(c)(3) wholesale services and facilities obtained from Verizon under a Verizon access tariff or separate non-251 agreement or as Section 251(c)(4) resale under the Agreement (“Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by the Federal Unbundling Rules. Moreover, to the extent and so long as required by the Federal Unbundling Rules (subject to Section 3.11.1.3 below), Verizon shall, upon request of XxxxxALEC, perform the functions necessary to commingle or combine Qualifying UNEs with Wholesale Services obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that if any commingling requested by Supra ALEC requires Verizon to perform physical work that Verizon is required to perform under the Federal Unbundling Rules, then Verizon's charges previously approved by the Commission for such work shall apply.

Commingling and Combinations. 3.11.1 Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.11.2 below): 3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Amended Agreement pursuant to the Federal Unbundling Rules or under a Verizon UNE tariff (“Qualifying UNEs”), with any non-Section 251(c)(3) wholesale services and facilities obtained from Verizon under a Verizon access tariff or separate non-251 agreement or as Section 251(c)(4) resale under the Agreement (“Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by the Federal Unbundling Rules. Moreover, to the extent and so long as required by the Federal Unbundling Rules (subject to Section 3.11.1.3 below), Verizon shall, upon request of XxxxxKMC V, perform the functions necessary to commingle or combine Qualifying UNEs with Wholesale Services obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that if any commingling requested by Supra KMC V requires Verizon to perform physical work that Verizon is required to perform under the Federal Unbundling Rules, then Verizon's charges previously approved by the Commission for such work shall apply.