Common use of DEPOSITS (SBC-12STATE) Clause in Contracts

DEPOSITS (SBC-12STATE). 7.1 The deposit requirements set forth in this Section 7 apply to the Resale Services and Network Elements furnished under this Agreement. SBC-12STATE may, in order to safeguard its interests, require that CLEC, if it has proven history of late payments or has not established a minimum of twelve consecutive months good credit history with SBC-12STATE, make a reasonable deposit to be held by SBC-12STATE as a guarantee of the payment of charges. For purposes of this provision, a Party shall not be deemed to have “a proven history of late payments” or “not established credit” based in whole or in part on the failure to pay amounts which such Party has properly disputed in good faith in accordance with all applicable provisions of Section 10 Dispute Resolution. A CLEC that furnishes both Resale Services and Network Elements in one (1) state under this Agreement shall make two (2) separate deposits for that state, each calculated separately as set forth below in Sections 7.2 through 7.10, inclusive. 7.2 If CLEC has not established a minimum of twelve (12) consecutive months good credit history with all SBC-owned-ILECS (that is, AMERITECH, NEVADA, PACIFIC, SNET and SWBT) where CLEC is doing or has done business as a Local Service Provider, CLEC shall remit an initial cash deposit to SBC-12STATE prior to the furnishing of Resale Services or Network Elements in each state covered by this Agreement. The deposit required by the previous sentence shall be determined as follows: 7.2.1 for NEVADA, PACIFIC or SWBT, if immediately prior to the Effective Date, CLEC was not operating as a Local Service Provider in a state covered by this Agreement, the initial deposit for that state shall be in the amount of $17,000; or 7.2.2 for NEVADA, PACIFIC or SWBT, if immediately prior to the Effective Date, CLEC was operating as a Local Service Provider in a state covered by this Agreement, the deposit for that state shall be in the amount calculated using the method set forth in Section 7.7 of this Agreement; or

DEPOSITS (SBC-12STATE). 7.1 The deposit requirements set forth in this Section 7 apply to the Resale Services and Network Elements furnished under this Agreement. SBC-12STATE may, in order to safeguard its interests, require that CLEC, if it has proven history of late payments or has not established a minimum of twelve consecutive months good credit history with SBC-12STATE, make a reasonable deposit to be held by SBC-12STATE as a guarantee of the payment of charges. For purposes of this provision, a Party shall not be deemed to have “a proven history of late payments” or “not established credit” based in whole or in part on the failure to pay amounts which such Party has properly disputed in good faith in accordance with all applicable provisions of Section 10 Dispute Resolution. A CLEC that furnishes both Resale Services and Network Elements in one (1) state under this Agreement shall make two (2) separate deposits for that state, each calculated separately as set forth below in Sections 7.2 through 7.10, inclusive. 7.2 If CLEC has not established a minimum of twelve (12) consecutive months good credit history with all SBC-owned-ILECS (that is, AMERITECH, NEVADA, PACIFIC, SNET and SWBT) where CLEC is doing or has done business as a Local Service Provider, CLEC shall remit an initial cash deposit to SBC-12STATE SBC- 12STATE prior to the furnishing of Resale Services or Network Elements in each state covered by this Agreement. The deposit required by the previous sentence shall be determined as follows: 7.2.1 for NEVADA, PACIFIC or SWBT, if immediately prior to the Effective Date, CLEC was not operating as a Local Service Provider in a state covered by this Agreement, the initial deposit for that state shall be in the amount of $17,000; or 7.2.2 for NEVADA, PACIFIC or SWBT, if immediately prior to the Effective Date, CLEC was operating as a Local Service Provider in a state covered by this Agreement, the deposit for that state shall be in the amount calculated using the method set forth in Section 7.7 of this Agreement; or

DEPOSITS (SBC-12STATE). 7.1 14.1 The deposit requirements set forth in this Section 7 14 apply to the Resale Services and Network Elements furnished under this Agreement. SBC-12STATE may, in order to safeguard its interests, require that CLEC, if it has proven history of late payments or has not established a minimum of twelve consecutive months good credit history with SBC-12STATE, make a reasonable deposit to be held by SBC-12STATE as a guarantee of the payment of charges. For purposes of this provision, a Party shall not be deemed to have “a proven history of late payments” or “not established credit” based in whole or in part on the failure to pay amounts which such Party has properly disputed in good faith in accordance with all applicable provisions of Section 10 Dispute Resolution. A CLEC that furnishes furnished both Resale Services and Network Elements in one (1) state under this Agreement shall make two (2) separate deposits for that state, each calculated separately as set forth below in Sections 7.2 14.2 through 7.1014.10, inclusive. 7.2 14.2 If CLEC has not established a minimum of twelve (12) consecutive months good credit history with all SBC-owned-ILECS owned ILECs (that is, AMERITECH, NEVADA, PACIFIC, SNET and SWBT) where CLEC is doing or has done business as a Local Service Providerlocal service provider, CLEC shall remit an initial cash deposit to SBC-12STATE prior to the furnishing of Resale Services or Network Elements in each state covered by this Agreement. Notwithstanding the foregoing, SBC -12STATE shall not require an initial deposit from CLEC for a particular state if CLEC is already operating in that state under a predecessor interconnection agreement with an SBC-owned ILEC. However, the preceding sentence shall not be construed to waive the initial deposit if CLEC was required to make a deposit under the predecessor agreement. The deposit required by the previous sentence this Section 14.2 shall be determined as follows: 7.2.1 14.2.1 for NEVADA, PACIFIC or SWBT, if immediately prior to the Effective Date, CLEC was not operating as a Local Service Provider in a state s xxxx covered by this Agreement, the initial deposit for that state shall be in the amount of $17,000; or 7.2.2 14.2.2 for NEVADA, PACIFIC or SWBT, if immediately prior to the Effective Date, CLEC was operating as a Local Service Provider in a state covered by this Agreement, the deposit for that state shall be in the amount calculated using the method set forth in Section 7.7 14.7 of this Agreement; or