Common use of Effect on Termination of Negotiating Successor Agreement Clause in Contracts

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier and CenturyLink; or, (b) one-hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-hundred eighty (180) Days, then the provisions of Section 6.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 or Section 6.7.

Appears in 10 contracts

Samples: CMRS Interconnection Agreement, puc.idaho.gov, CMRS Interconnection Agreement

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Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 4.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request bona fide request to negotiate a replacement agreement for Interconnection interconnection, services or network elements pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection interconnection agreement between Carrier CMRS and CenturyLink; or, (b) one-one hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitrationexpires, then CenturyLink and Carrier CMRS may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.34.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-hundred eighty (180) Daysherein, then the provisions of Section 6.5 4.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 4.6 or Section 6.74.7.

Appears in 6 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 7.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier CLEC and CenturyLink; or, (b) one-one hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CLEC may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.37.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-one hundred eighty (180) Days, then the provisions of Section 6.5 7.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 7.6 or Section 6.77.7.

Appears in 5 contracts

Samples: Traffic Exchange Agreement, Traffic Exchange Agreement, edocs.puc.state.or.us

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 7.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection forresale services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier CLEC and CenturyLink; or, (b) one-one- hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CLEC may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.37.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-hundred eighty (180) Days, then the provisions of Section 6.5 7.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 7.6 or Section 6.77.7.

Appears in 5 contracts

Samples: Resale Agreement, Resale Agreement, Interconnection Agreement

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection resale services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier CLEC and CenturyLink; or, (b) one-hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CLEC may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-hundred eighty (180) Days, then the provisions of Section 6.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 or Section 6.7.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, edocs.puc.state.or.us

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 7.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier CLEC and CenturyLink; or, (b) one-one hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CLEC may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.37.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-one hundred eighty (180) Days, if either Party has not initiated Commission arbitration proceedings to resolve disputed terms, then the provisions of Section 6.5 7.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 7.6 or Section 6.77.7.

Appears in 3 contracts

Samples: Traffic Exchange Agreement, Exchange Agreement, apps.psc.wi.gov

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 6.1 and, on or before the noticed date of termination (the End Date)termination, either Party has requested negotiation of a new Interconnection successor interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request bona fide request to negotiate a replacement successor agreement for Interconnection interconnection, services or network elements pursuant to §§ 251 and 252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection successor interconnection agreement between Carrier CLEC and CenturyLink; or, (b) one-one hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. Notwithstanding the foregoing, if a successor agreement has not been reached when the timeframe contemplated in (b) above expires and either Party has commenced arbitration, then this Agreement shall continue in full force and effect until the issuance of an order, whether or not a final non-appealable order, by the Commission or FCC, approving a successor agreement. If a replacement successor agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CLEC may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.3. Should 6.1; provided however, should the Parties not agree to continue to operate under the terms set forth herein after one-one hundred eighty (180) Days, then the provisions of Section 6.5 6.3 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated as a result of a default or in accordance with Section 6.6 or Section 6.7.5.5

Appears in 3 contracts

Samples: Collocation and Resale Agreement, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection Resale agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection resale services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier BullsEye and CenturyLink; or, (b) one-hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier BullsEye may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-hundred eighty (180) Days, then the provisions of Section 6.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 or Section 6.7.

Appears in 1 contract

Samples: edocs.puc.state.or.us

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Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection forresale services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier CLEC and CenturyLink; or, (b) one-one- hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CLEC may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-hundred eighty (180) Days, then the provisions of Section 6.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 or Section 6.7.

Appears in 1 contract

Samples: edocs.puc.state.or.us

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 7.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request bona fide request to negotiate a replacement agreement for Interconnection interconnection, services or network elements pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection interconnection agreement between Carrier Spectrotel and CenturyLink; or, (b) one-one hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier Spectrotel may mutually agree in writing to continue to operate on a month-month- to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.37.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-one hundred eighty (180) Days, then the provisions of Section 6.5 7.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 7.6 or Section 6.77.7.

Appears in 1 contract

Samples: Interconnection Agreement

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 7.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request bona fide request to negotiate a replacement agreement for Interconnection interconnection, services or network elements pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection interconnection agreement between Carrier CenturyLink Communications LLC,and CenturyLink; or, (b) one-one hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CenturyLink Communications LLC,may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.37.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-one hundred eighty (180) Days, then the provisions of Section 6.5 7.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 7.6 or Section 6.77.7.

Appears in 1 contract

Samples: Interconnection Agreement by And

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 and, on or before the noticed date of termination (the End Date), either Party has requested negotiation of a new Interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier CLEC and CenturyLink; or, (b) one-one hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CLEC may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-one hundred eighty (180) Days, then the provisions of Section 6.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 or Section 6.7.

Appears in 1 contract

Samples: Exchange Agreement

Effect on Termination of Negotiating Successor Agreement. If either Party provides Notice of Termination pursuant to Section 6.3 and, on or before the noticed date of termination (the End Date), either Party has requested d negotiation of a new Interconnection agreement, such notice shall be deemed to constitute a Bona Fide Request to negotiate a replacement agreement for Interconnection services pursuant to §252 of the Act and this Agreement shall remain in effect until the earlier of: (a) the effective date of a new Interconnection agreement between Carrier CLEC and CenturyLink; or, (b) one-one hundred sixty (160) Days after the requested negotiation or such longer period as may be mutually agreed upon, in writing, by the Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue raised in connection with any arbitration commenced within the timeframe contemplated in (b) above. If a replacement agreement has not been reached when the timeframe contemplated in (b) above expires and neither Party has commenced arbitration, then CenturyLink and Carrier CLEC may mutually agree in writing to continue to operate on a month-to-month basis under the terms set forth herein, subject to written notice of termination pursuant to Section 6.3. Should the Parties not agree to continue to operate under the terms set forth herein after one-one hundred eighty (180) Days, then the provisions of Section 6.5 shall apply. The foregoing shall not apply to the extent that this Agreement is terminated in accordance with Section 6.6 or Section 6.7.

Appears in 1 contract

Samples: Exchange Agreement

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