EEL Audits and Related Terms Sample Clauses

EEL Audits and Related Terms. Once per calendar year, Verizon may obtain and pay for an independent auditor to audit Lumos’s compliance in all material respects with the service eligibility criteria applicable to High Capacity EELs. Any such audit shall be performed in accordance with the standards established by the American Institute for Certified Public Accountants, and may include, at Verizon’s discretion, the examination of a sample selected in accordance with the independent auditor’s judgment. To the extent the independent auditor’s report concludes that Lumos failed to comply with the service eligibility criteria as to any DS1 or DS1 equivalent circuit, then (without limiting Verizon's rights under Section 3.1.4.2 above) Lumos must convert all noncompliant circuits to the appropriate service, true up any difference in payments, make the correct payments on a going-forward basis, and reimburse Verizon for the cost of the independent auditor within thirty (30) days after receiving a statement of such costs from Verizon. If Lumos fails to convert any noncompliant circuits to the appropriate service, then Verizon may disconnect, convert and/or reprice such circuits in accordance with Section 2.1.1 above. Should the independent auditor confirm Lumos’s compliance with the service eligibility criteria for each DS1 or DS1 equivalent circuit, then Lumos shall provide to the independent auditor for its verification a statement of Xxxxx’s out-of-pocket costs of complying with any requests of the independent auditor, and Verizon shall, within thirty (30) days of the date on which Lumos submits such costs to the auditor, reimburse Lumos for its out-of-pocket costs verified by the auditor. Lumos shall maintain records adequate to support its compliance with the service eligibility criteria for each DS1 or DS1 equivalent circuit for at least eighteen (18) months after the service arrangement in question is terminated. Verizon's audit rights under this Section are in addition to, and not in limitation of, any other audit rights Verizon may have under the Amended Agreement or Applicable Law. In addition, without undertaking a full audit as described above, Verizon may request from time to time, and Lumos shall provide, evidence to demonstrate whether Lumos has complied with the EEL criteria described above and, if such evidence fails to substantiate compliance, then Lumos must convert all noncompliant circuits to the appropriate service, true up any difference in payments, make the correct paym...
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Related to EEL Audits and Related Terms

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