Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. 1.2.2 The term of this Agreement shall expire on February 4, 2007 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration), this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party. 1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement. 1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below. 1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies. 1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below. 1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. 1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement. 1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 7 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4December 31, 2007 (the “Term”)2006. Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar at least within one hundred and eighty (180) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, XXXXX 0 shall have ten (10) days to provide SBC-13STATE written confirmation if LEVEL 3 wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. LEVEL 3 shall identify the action to be taken on each applicable (13) state(s). If LEVEL 3 wishes to pursue a successor agreement with SBC-13STATE, LEVEL 3 shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of LEVEL 3’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of: (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date of termination of this Agreement pursuant to Sections 5.2 and 5.4.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is LEVEL 3 withdraws its Section 252(a)(1) request, LEVEL 3 must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that LEVEL 3 does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date LEVEL 3 provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of LEVEL 3's notice of withdrawal of its Section 252(a)(1) request, unless LEVEL 3 provided SBC-13STATE notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If LEVEL 3 does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date LEVEL 3 provided or received notice of expiration or termination. On the ninety-first (91) day following LEVEL 3 provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC LEVEL 3 shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service Agreement; provided that LEVEL 3 shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End-Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AT&T-OHIO, based on PUC-OH rule, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4September 10, 2007 2010 (the “Term”). Absent the receipt by This Agreement shall expire if either Party provides written notice, within one Party of written notice from the other Party not earlier than 180 calendar hundred-eighty (180) days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term (Notice Term. Absent the receipt by one Party of Expiration)such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either PartyTerm, subject to the provisions of this Section.
1.2.2.1 If 4.3 Notwithstanding any other provision of this Agreement, either Party serves Notice (at its sole discretion) may terminate this Agreement, and the provision of Expiration Interconnection and services, in the event the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and (2) fails to cure such nonperformance or breach within forty-five (45) days after written notice thereof. Should the nonperforming or breaching Party fail to cure within forty-five (45) days after such written notice, the noticing Party may thereafter terminate this Agreement immediately upon delivery of a written termination notice.
4.4 If pursuant to Section 1.2.24.2, CLEC this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 4.5 and 4.6. Neither Party shall have twenty any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If AT&T-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide AT&T-13STATE written confirmation, within ten (2010) calendar days days, that WSP either wishes to provide SBC ILLINOIS written confirmation if CLEC (1) commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in AT&T-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with SBC ILLINOIS or alternativelyAT&T-13STATE, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC WSP shall attach to its written confirmation or Notice of Expiration, as applicable, include a written request to commence negotiations with SBC ILLINOIS AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the ActAct and identify which state(s) the successor agreement will cover. Upon receipt of CLECWSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AT&T-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice.
4.9 If CLEC does not at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that it wishes WSP does not wish to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the AT&T-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice WSP serves notice of Expirationwithdrawal of its Section 252(a)(1) request. Unless otherwise agreed by the Parties, if If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) day following CLEC AT&T-13STATE's receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If WSP does not affirmatively state that it wishes to pursue a successor agreement with AT&T- 13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) days after the date WSP provided or received Notice notice of Expirationexpiration or termination. Thereafter, the Parties shall have no further obligations under this Agreement except those described as provided in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below4.5 above.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 4.11 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5when there is no successor agreement between AT&T-13STATE and WSP, SBC ILLINOIS AT&T-13STATE and CLEC WSP shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement Agreement; provided, WSP shall be solely responsible (from a financial, operational and administrative standpoint) to CLEC or ensure that its End Users are transitioned to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of serviceTelecommunications Carrier, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceif applicable.
Appears in 3 contracts
Samples: Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 7.1 In AT&T-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAT&T OHIO, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AT&T OHIO, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4September 18, 2007 2007, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on September 17, 2008 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 7.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement7.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 7.4 If pursuant to Section 7.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In Sections 7.5 and 7.6. Neither Party shall have any liability to the event of expiration or other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 1.2.57.2 or Section 7.4, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.have ten
Appears in 2 contracts
Samples: Interconnection and Resale Agreement, Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 31, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the
5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 30, 2007 2001 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-ILEC written confirmation if CLEC wishes to pursue a successor agreement with SBC-ILEC or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-ILEC, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a nonwritten request to commence negotiations with SBC-paying Party has disputed unpaid amounts in ILEC under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC-ILEC received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-ILEC for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-ILEC's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-ILEC notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-ILEC in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety- first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-ILEC and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActSBC OHIO, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In SBC OHIO, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4August 10, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on August 10, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 6.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 11, 2007 2004 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term 87Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 6.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4August 27, 2007 2002 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 30, 2007 2001 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-ILEC written confirmation if CLEC wishes to pursue a successor agreement with SBC-ILEC or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-ILEC, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a nonwritten request to commence negotiations with SBC-paying Party has disputed unpaid amounts in ILEC under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC-ILEC received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-ILEC for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-ILEC's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-ILEC notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-ILEC in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety- first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-ILEC and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AT&T-OHIO, based on PUC-OH rule, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 15, 2007 2011 (the “Term”). Absent the receipt by This Agreement shall expire if either Party provides written notice, within one Party of written notice from the other Party not earlier than 180 calendar hundred-eighty (180) days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term (Notice Term. Absent the receipt by one Party of Expiration)such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either PartyTerm, subject to the provisions of this Section.
1.2.2.1 If 4.3 Notwithstanding any other provision of this Agreement, either Party serves Notice (at its sole discretion) may terminate this Agreement, and the provision of Expiration Interconnection and services, in the event the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and (2) fails to cure such nonperformance or breach within forty-five (45) days after written notice thereof. Should the nonperforming or breaching Party fail to cure within forty-five (45) days after such written notice, the noticing Party may thereafter terminate this Agreement immediately upon delivery of a written termination notice.
4.4 If pursuant to Section 1.2.24.2, CLEC this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 4.5 and 4.6. Neither Party shall have twenty any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If AT&T-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide AT&T-13STATE written confirmation, within ten (2010) calendar days days, that WSP either wishes to provide SBC ILLINOIS written confirmation if CLEC (1) commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in AT&T-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with SBC ILLINOIS or alternativelyAT&T-13STATE, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC WSP shall attach to its written confirmation or Notice of Expiration, as applicable, include a written request to commence negotiations with SBC ILLINOIS AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the ActAct and identify which state(s) the successor agreement will cover. Upon receipt of CLECWSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AT&T-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice.
4.9 If CLEC does not at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that it wishes WSP does not wish to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the AT&T-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice WSP serves notice of Expirationwithdrawal of its Section 252(a)(1) request. Unless otherwise agreed by the Parties, if If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) day following CLEC AT&T-13STATE's receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If WSP does not affirmatively state that it wishes to pursue a successor agreement with AT&T- 13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) days after the date WSP provided or received Notice notice of Expirationexpiration or termination. Thereafter, the Parties shall have no further obligations under this Agreement except those described as provided in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below4.5 above.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 4.11 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5when there is no successor agreement between AT&T-13STATE and WSP, SBC ILLINOIS AT&T-13STATE and CLEC WSP shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement Agreement; provided, WSP shall be solely responsible (from a financial, operational and administrative standpoint) to CLEC or ensure that its End Users are transitioned to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of serviceTelecommunications Carrier, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceif applicable.
Appears in 2 contracts
Samples: Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4July 6, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on July 6, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 6.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4August 18, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Resale Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4, 2007 date = 1yr plus 90 days (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4January 29, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4, 2007 10/30/01 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i) , a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 The term of this Agreement shall expire on February 4, 2007 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration), this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC AT&T ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC AT&T ILLINOIS or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC AT&T ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC AT&T ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC AT&T ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC AT&T ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC AT&T ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC AT&T ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC AT&T ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC AT&T ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC AT&T ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Telecommunications
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4December 11, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC- 13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true- up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC- 13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 31, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on May 31, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4October 29, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC- 13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true- up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.or
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 6.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4August 16, 2007 2001 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Resale Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4October 23, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4July 01, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 31, 2007 2001 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it be construed aswishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a material breach period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety- first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 21.1.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC Commission approves the Agreement under the Act, or absent such ICC approval, Commission approval the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 21.1.2 The initial term of this Agreement shall expire on February 4, 2007 be two (2) years (the “Initial Term”)) which shall commence on the Effective Date. Absent Upon expiration of the receipt by one Initial Term, this Agreement shall automatically remain in full force and effect, unless a Party of delivers written notice from the other Party not earlier than 180 calendar notice, at least two hundred and seventy (270) days prior to the expiration of the Term Initial Term, to the effect other Party of its election not to renew this Agreement
21.1.3 In the event that such neither Party does delivers written notice at least two hundred and seventy (270) days prior to the expiration date of the Initial Term of its election not intend to extend renew this Agreement, the Term (Notice of Expiration), this Agreement shall will remain in full force and effect on and until it is replaced with a successor agreement, terminated or expires, pursuant to subsequent notice provided by either Party. Such subsequent notice to renegotiate or terminate the Agreement may be given by either Party at any time after the expiration of the Initial Term until terminated by either Party.
1.2.2.1 If either Party serves Notice provided, however, that the effective date of Expiration pursuant to Section 1.2.2the termination, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue expiration, or replacement of the existing Agreement with a successor agreement with SBC ILLINOIS or alternativelypursuant to this subsequent notice shall be no sooner than two hundred and seventy (270) days after the receipt of the notice, if CLEC wishes to allow unless a different date is mutually agreed upon by the current Agreement to expireParties. If CLEC wishes to pursue negotiations for a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1are not complete within such two hundred and seventy (270) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expirationday period, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below21.1.
1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4June 17, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on June 17, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4June 2, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on June 2, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC- 13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC- 13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4December 31, 2007 (the “Term”)2006. Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar at least within one hundred and eighty (180) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of: (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date of termination of this Agreement pursuant to Sections 5.2 and 5.4.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End-Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 6.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4January 10, 2007 2002 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Resale Agreement
Effective Date Term and Termination. 1.2.1 The 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AT&T-OHIO, based on PUC-OH rule, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4January 31, 2007 2010 (the “Term”). Absent the receipt by This Agreement shall expire if either Party provides written notice, within one Party of written notice from the other Party not earlier than 180 calendar hundred-eighty (180) days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term (Notice Term. Absent the receipt by one Party of Expiration)such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either PartyTerm, subject to the provisions of this Section.
1.2.2.1 If 4.3 Notwithstanding any other provision of this Agreement, either Party serves Notice (at its sole discretion) may terminate this Agreement, and the provision of Expiration Interconnection and services, in the event the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and (2) fails to cure such nonperformance or breach within forty-five (45) days after written notice thereof. Should the nonperforming or breaching Party fail to cure within forty-five (45) days after such written notice, the noticing Party may thereafter terminate this Agreement immediately upon delivery of a written termination notice.
4.4 If pursuant to Section 1.2.24.2, CLEC this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement subject to Sections 4.5 through 4.11, after delivering written notice to the other Party of its intention to terminate this Agreement . Neither Party shall have twenty any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If AT&T-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide AT&T-13STATE written confirmation, within ten (2010) calendar days Business Days, that WSP either wishes to provide SBC ILLINOIS written confirmation if CLEC (1) commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in AT&T-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with SBC ILLINOIS or alternativelyAT&T-13STATE, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC WSP shall attach to its written confirmation or Notice of Expiration, as applicable, include a written request to commence negotiations with SBC ILLINOIS AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the ActAct and identify which state(s) the successor agreement will cover. Upon receipt of CLECWSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AT&T-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice.
4.9 If CLEC does not at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that it wishes WSP does not wish to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the AT&T-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice WSP serves notice of Expirationwithdrawal of its Section 252(a)(1) request. Unless otherwise agreed by the Parties, if If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) day following CLEC AT&T-13STATE's receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If WSP does not affirmatively state that it wishes to pursue a successor agreement with AT&T- 13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) days after the date WSP provided or received Notice notice of Expirationexpiration or termination. Thereafter, the Parties shall have no further obligations under this Agreement except those described as provided in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below4.5 above.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 4.11 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5when there is no successor agreement between AT&T-13STATE and WSP, SBC ILLINOIS AT&T-13STATE and CLEC WSP shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement Agreement; provided, WSP shall be solely responsible (from a financial, operational and administrative standpoint) to CLEC or ensure that its End Users are transitioned to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of serviceTelecommunications Carrier, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceif applicable.
Appears in 1 contract
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4November 18, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC- 13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true- up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC- 13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Texas Public Utilities Commission (the “ICCCommission”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 2.2 The term of this Agreement shall expire on February 4, 2007 (commence upon the “Term”). Absent the receipt by one Party Effective Date of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration), this Agreement shall and will remain in effect for ninety (90) days after the Effective Date and continue in full force and effect on a month to month basis, thereafter until (i) superseded in accordance with the requirements of this Section or (ii) terminated pursuant to the requirements of this Section. Either Party may at any time after the Effective Date request that the Parties commence negotiations to replace this Agreement with a superseding agreement by providing the other Party with a written request to enter into negotiations. If this Agreement continues in full force and effect after the expiration of the Term until terminated by Term, either PartyParty may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to the survivability causes contained herein.
1.2.2.1 2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.22.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS AT&T written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS AT&T or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOISAT&T, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS AT&T under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS AT&T in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ AT&T’s Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, 2.4 below.
1.2.3 2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: of (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: effective or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS AT&T received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 44 below.
1.2.5 2.4.1 If, at any time during the term of this Agreement, AT&T is unable to contact CLEC pursuant to the Notices provision hereof or any other contact information provided by CLEC under this Agreement, and there are no active services being provisioned under this Agreement, then AT&T may, at its discretion, terminate this Agreement, without any Page 11 of 301 liability whatsoever, upon sending of notification to CLEC pursuant to the Notices Section hereof.
2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- non-payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.52.5, SBC ILLINOIS AT&T and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS AT&T shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS AT&T and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS AT&T in connection with this transition of service.
Appears in 1 contract
Samples: Wholesale Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4November 7, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC- 13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true- up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC- 13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The 4.1 In AT&T TEXAS, the effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4, 2007 three years from the Effective Date (the “Term”). Absent the receipt by This Agreement shall expire if either Party provides written notice, within one Party of written notice from the other Party not earlier than 180 calendar days hundred-eighty (180) Days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term (Notice Term. Absent the receipt by one Party of Expiration)such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either PartyTerm, subject to the provisions of this Section 4.
1.2.2.1 If 4.3 Notwithstanding any other provision of this Agreement, either Party serves Notice (at its sole discretion) may terminate this Agreement, and the provision of Expiration Interconnection and services, in the event the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and (2) fails to cure such nonperformance or breach within forty-five (45) Days after written notice thereof. Should the nonperforming or breaching Party fail to cure within forty-five (45) Days after such written notice, the noticing Party may thereafter terminate this Agreement immediately upon delivery of a written termination notice.
4.4 If pursuant to Section 1.2.24.2, CLEC this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement upon sixty (60) days written notice to the other Party of its intention to terminate this Agreement, subject to Sections 4.5 and 4.6. Neither Party shall have twenty any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all undisputed amounts owed under this Agreement prior to the receipt of such notice of termination or the expiration of the Agreement, subject to Section 9, “Dispute Resolution"
4.6 If AT&T TEXAS serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, Carrier shall provide AT&T TEXAS written confirmation, within ten (2010) calendar days Days, that Carrier either wishes to provide SBC ILLINOIS written confirmation if CLEC (1) commence negotiations with AT&T TEXAS, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. Xxxxxxx shall identify the action to be taken for each affected agreement identified in AT&T TEXAS’ notice.
4.7 If Carrier serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with SBC ILLINOIS or alternativelyAT&T TEXAS, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC Carrier shall attach to its written confirmation or Notice of Expiration, as applicable, include a written request to commence negotiations with SBC ILLINOIS AT&T TEXAS, or adopt an agreement, under Sections 251/252 of the ActAct and identify which state(s) the successor agreement will cover. Upon receipt of CLECXxxxxxx’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the 161st day after the date on which AT&T TEXAS received Carrier’s Section 252(a)(1) request, at which time Carrier shall request an interim arrangement pursuant to 51.715 and AT&T shall continue to offer services to Carrier pursuant to the terms, conditions and rates set forth in the interim arrangement. Upon request by Xxxxxxx, such interim arrangement shall be Xxxxxxx’s request to enter into AT&T TEXAS’ then current interconnection agreement.
4.9 If CLEC does not at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), Carrier withdraws its Section 252(a)(1) request, Carrier must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that it wishes Carrier does not wish to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the AT&T TEXAS for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days Days after the date CLEC provided or received Notice Carrier serves notice of Expirationwithdrawal of its Section 252(a)(1) request. Unless otherwise agreed by the Parties, if If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) day Day following CLEC provided AT&T TEXAS' receipt of Carrier’s notice of withdrawal of its Section 252(a)(1) request or received Notice (ii) the effective date of Expirationthe agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall shall, have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach 4.5 of this Agreement.
1.2.7 In 4.10 If Carrier does not affirmatively state that it wishes to pursue a successor agreement with AT&T TEXAS as provided in Section 4.6 or Section 4.7 above, then the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5rates, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of this Agreement shall continue in full force and effect until the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with later of 1) the expiration of the Term of this transition of service.Agreement, or
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4April 10, 2007 2002 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of
(i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4December 31, 2007 (the “Term”)2006. Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar at least within one hundred and eighty (180) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, LEVEL 3 shall have ten (10) days to provide SBC-13STATE written confirmation if LEVEL 3 wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. LEVEL 3 shall identify the action to be taken on each applicable (13) state(s). If LEVEL 3 wishes to pursue a successor agreement with SBC-13STATE, LEVEL 3 shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of LEVEL 3’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of: (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date of termination of this Agreement pursuant to Sections 5.2 and 5.4.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is LEVEL 3 withdraws its Section 252(a)(1) request, LEVEL 3 must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that LEVEL 3 does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date LEVEL 3 provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of LEVEL 3's notice of withdrawal of its Section 252(a)(1) request, unless LEVEL 3 provided SBC-13STATE notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If LEVEL 3 does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date LEVEL 3 provided or received notice of expiration or termination. On the ninety-first (91) day following LEVEL 3 provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC LEVEL 3 shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service Agreement; provided that LEVEL 3 shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End-Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActSBC OHIO, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In SBC OHIO, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 01, 2007 2004 provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on May 01, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of
(i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4November 26, 2007 2001 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-ILEC written confirmation if CLEC wishes to pursue a successor agreement with SBC-ILEC or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-ILEC, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a nonwritten request to commence negotiations with SBC-paying Party has disputed unpaid amounts in ILEC under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC- ILEC received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-ILEC for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-ILEC's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-ILEC notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-ILEC in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-ILEC and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4December 31, 2007 (the “Term”)2006. Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar at least within one hundred and eighty (180) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of: (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date of termination of this Agreement pursuant to Sections 5.2 and 5.4.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC 's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End-Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The 12.1 This Agreement shall be and become effective on the first date that all of this Agreement the following conditions precedent have been satisfied (the “Effective Date”):
(a) shall be as follows: (i) unless Each Party’s board of directors approves the execution, delivery and performance of this Agreement is a successor by each Party respectively;
(b) The Parties have entered into the supply agreements contemplated by Sections 5.3(c) and 5.3(d), in form and substance satisfactory to LGLS;
(c) The Parties and an independent third-party escrow agent acceptable to LGLS shall have entered into the escrow agreement to an effective interconnection agreement between contemplated by Section 5.3(e) and the Parties under Sections 251/252 have entered into any other agreements or arrangements contemplated by Section 5.3(e), in form and substance satisfactory to LGLS; and
(d) [* * *] Notwithstanding the foregoing, the obligations of each Party that by their express terms arise after the Act, then Signing Date and before the Effective Date of shall become effective on the Signing Date.
12.2 If the Effective Date has not occurred by January 14th, 2011, then either Party may terminate this Agreement by written notice to the other.
12.3 For the Exclusive Territory, this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 The term of this Agreement shall expire on February 4, 2007 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration), this Agreement shall remain in full force and effect on from the Effective Date, and after unless earlier terminated in accordance with the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2terms hereof, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue remain in full force and effect until the later of: 1) of [* * *] following the first Regulatory Approval of a Product or the date of expiration of any issued patent from application [* * *] For the Term of this AgreementNon-Exclusive Territory, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expiredshall be in full force and effect on a country-by-country basis and Product-by-Product basis in each country of the Non-Exclusive Territory from the Effective Date, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the unless earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue terminated in accordance with Section 1.44 belowthe terms hereof, shall remain in full force and effect until [* * *]following the first Regulatory Approval of a Product.
1.2.5 Notwithstanding any other 12.4 If a Party breaches a material provision of this Agreement, either the non-breaching Party may terminate this Agreement, as to the Product and country relating to such breach, upon forty-five (45) days’ prior written notice unless the breach is cured within the notice period, provided that if such breach requires additional time to be cured, and the breaching Party has commenced in a reasonable manner to cure such breach following receipt of such notice, then the breaching Party shall be afforded up to an additional forty-five (45) days to cure such breach..
12.5 A Party may terminate this Agreement and immediately upon written notice to the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, other Party (i) in the event that the other Party fails becomes insolvent, or (ii) in the event of any pending or threatened bankruptcy action or any other insolvency proceeding against the other Party.
12.6 [* * *]
12.7 In the event that a Party, its Affiliates or any of their respective directors or officers, or any of its assets, properties or intellectual properties becomes or is likely to perform a material obligation become the subject of any actions, suits, claims or breaches a material term events that may adversely affect such Party’s performance of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-may, at its discretion, terminate this Agreement upon forty five (45) calendar days after days’ prior written notice thereof. Any termination to the original Party.
12.8 If LGLS does not receive Regulatory Approval for the commercial sale of a Product in the Exclusive Territory within [* * *] after NOVAVAX receives U.S. Regulatory Approval for a Seasonal Product, and after good faith discussion and trial by the Parties to resolve any issues and the Parties are unable to resolve such issues, then either party may, at its discretion, terminate this Agreement pursuant as to this Section 1.2.5 shall take effect immediately the Exclusive Territory, upon delivery of prior written notice to the other Party that it failed to cure such nonperformance party on or breach within forty-five (45) calendar days after written notice thereof[* * *] after NOVAVAX receives U.S. Regulatory Approval for a Seasonal Product.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant 12.9 Notwithstanding any other provision to the terms of this Agreementcontrary, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In in the event of expiration or termination of this Agreement other than pursuant due to a breach by NOVAVAX or in accordance with Section 1.2.512.5, SBC ILLINOIS LGLS shall have an exclusive, fully paid, perpetual, irrevocable right and CLEC shall cooperate license, under the NOVAVAX Proprietary Rights, to research, develop, make, have made, distribute, market, sell, offer to sell and use the Products in good faith the Field of Use in the Exclusive Territory and a non-exclusive, fully paid, perpetual, irrevocable right and license, under the NOVAVAX Proprietary Rights, to effect an orderly research, develop, make, have made, distribute, market, sell, offer to sell and timely transition use the Products in the Field of service Use in the Non-Exclusive Territory.
12.10 In the event of termination of this Agreement caused by or attributable to a breach hereof by a Party, the rights and licenses granted to each Party under this Agreement to CLEC and the obligations of each Party shall cease.
12.11 Except as expressly provided herein, the termination or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition expiration of service, SBC ILLINOIS this Agreement shall not terminate service relieve any Party from its obligations arising prior to CLEC’s end users such expiration or termination.
10.1 (prosecution and such service shall be provided pursuant to maintenance of patents); Section 10.3 (improvements); Article 11 (indemnification); Section 12.9 (retained rights); Section 12.13 (remedy); Article 13 (incidental and consequential damages; Article 14 (independent contractors); Section 16.2 (governing law); Section 16.5 (entire agreement); Section 16.6 (arbitration); Section 16.9 (severability); and Section 16.11 (third party beneficiaries).
12.12 Termination is not the terms of the interconnection agreement during exclusive remedy under this transition period. SBC ILLINOIS Agreement and, whether or not termination is effected, all other rights and CLEC shall continue their responsibilities under the terms and conditions of the terminated remedies at law or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceequity will remain available.
Appears in 1 contract
Samples: License Agreement (Novavax Inc)
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 31, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4September 9, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on September 9, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 6.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4March 11, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Resale Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4March 28, 2007 2002 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of
(i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4March 01, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on March 01, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In Sections 5.5 and 5.6. Neither Party shall have any liability to the event of expiration or other Party for termination of this Agreement pursuant to this Section 5.4 other than pursuant to Section 1.2.5, SBC ILLINOIS its obligations under Sections 5.5 and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service5.6.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4June 10, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on June 10, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1
2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Public Utility Commission of Texas (the “ICCCommission”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC Commission approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 2.2 The term of this Agreement shall expire on February 4, 2007 have a term (the “Term”)) of three (3) years and ninety (90) days commencing on the Effective Date. Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (“Notice of Expiration”), this Agreement shall remain in full force and effect effect, on a month to month basis, on and after the expiration of the Term until terminated by either Party.
1.2.2.1 2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.22.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS TEXAS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS TEXAS or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOISTEXAS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS TEXAS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS TEXAS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOISTEXAS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement Agreement, except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, belowSections 2.4 and 48.
1.2.3 2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: of (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: effective or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS TEXAS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies. If CLEC requests negotiation of a successor agreement, the rates, terms and conditions of this Agreement will continue in effect during the pendency of the parties’ negotiations and, if applicable, arbitration.
1.2.4 2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 48 below.
1.2.5 2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- non-payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.52.5, SBC ILLINOIS TEXAS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS TEXAS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS TEXAS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS TEXAS in connection with this transition of service.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActSBC OHIO, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In SBC OHIO, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4July 16, 2007 2004 provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on July 16, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of
(i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActSBC OHIO, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In SBC OHIO, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4July 15, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on July 15, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless 21.1.1 Unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if . If this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC Commission approves the Agreement under the Act, or absent such ICC approval, commission approval the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 21.1.2 The initial term of this Agreement shall expire on February 4, 2007 be three (3) years (the “Initial Term”)) which shall expire on August 30, 2006. Absent Upon expiration of the receipt by one Initial Term, this Agreement shall automatically remain in full force and effect, unless a Party of delivers written notice from the other Party not earlier than 180 calendar notice, at least two hundred and seventy (270) days prior to the expiration of the Term Initial Term, to the effect other Party of its election not to renew this Agreement.
21.1.3 In the event that such neither Party does delivers written notice at least two hundred and seventy (270) days prior to the expiration date of the Initial Term of its election not intend to extend renew this Agreement, the Term (Notice of Expiration), this Agreement shall will remain in full force and effect on and until it is replaced with a successor agreement, terminated or expires, pursuant to subsequent notice provided by either Party. Such subsequent notice to renegotiate or terminate the Agreement may be given by either Party at any time after the expiration of the Initial Term until terminated provided, however, that the effective date of the termination, expiration, or replacement of the existing Agreement with a successor agreement pursuant to this subsequent notice shall be no sooner than two hundred and seventy (270) days after the receipt of the notice, unless a different date is mutually agreed upon by either Partythe Parties. If negotiations for a successor agreement are not complete within such two hundred and seventy (270) day period, then the rates, terms and conditions of this Agreement shall continue in full force and effect in accordance with Section 21.1.5, below.
1.2.2.1 21.1.4 If either Party serves Notice of Expiration notice pursuant to Section 1.2.2Sections 21.1.2 or 21.1.3, CLEC shall have twenty thirty (2030) calendar days to provide SBC ILLINOIS SBC-AMERITECH with written confirmation if of whether CLEC wishes to pursue a successor agreement with SBC ILLINOIS SBC-AMERITECH or alternatively, if CLEC wishes to allow the current Agreement to expireterminate its agreement. If CLEC wishes to pursue a successor agreement Agreement with SBC ILLINOISSBC- AMERITECH, CLEC shall attach to its written confirmation or Notice of Expiration, as applicableconfirmation, a written request to commence negotiations with SBC ILLINOIS SBC-AMERITECH under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 21.1.5 The rates, terms and conditions of this Agreement shall continue in full force and effect until, in accordance with the terms of this Article, a successor agreement is reached. If CLEC does elects not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in itsSBC- AMERITECH, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until this Agreement expires or is terminated, provided, however, that both Parties will cooperate in the later of: 1provision of Transitional Support as required by Section 21.3.
21.1.6 If at any time during the Section 252(a)(1) the expiration negotiation process, CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC- AMERITECH. If CLEC does not include in its notice of withdrawal either a request to establish a successor agreement under Section 252(i) of the Act or an affirmative statement that CLEC does not wish to pursue a successor agreement with SBC-AMERITECH, then its Agreement with SBC-AMERITECH will expire at the end of the Initial Term if the Section 252(a)(1) request is made during the Initial Term. If the Section 252(a)(1) request is made after the Initial Term, then the Agreement with SBC-AMERITECH will continue in full force and effect for a period of this Agreement, or 2one hundred and twenty (120) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice provides the notice of Expiration. Unless otherwise agreed by the Parties, if the Term withdrawal of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s its Section 252(a)(1) request, unless an arbitration petition has been filed CLEC provides SBC-AMERITECH with notice of a Section 252(i) adoption in the interim.
21.1.7 If CLEC does not affirmatively confirm within thirty (30) days of a notice given by either PartyParty pursuant to Sections 21.1.2 or 21.1.3 of this Article that it wishes to pursue a successor agreement with SBC-AMERITECH, then its Agreement with SBC-AMERITECH will expire either: (i) at the end of the Initial Term, or (ii) if the Initial Term has ended, after a period of one hundred and twenty (120) days from the date thirty (30) days after such notice is given.
21.1.8 CLEC may terminate any service(s), Interconnection or Network Element(s) provided under this Agreement upon thirty (30) days prior written notice to SBC- AMERITECH, unless a different notice period or different conditions are specified in this Agreement for termination of such service(s), Interconnection, or Network Element(s), in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms specific period and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceshall apply.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4June 27, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 5.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4, 2007 two (2) years from the Effective Date (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreemen t pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set for th in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, SCC shall have ten (10) days to provide SBC-13STATE written confirmation if SCC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. SCC shall identify the action to be taken on each applicable (13) state(s). If SCC wishes to pursue a successor agreement with SBC-13STATE, SCC shall attach to its written confirmation or no xxxx of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of SCC’s Section 252(a)(1) requ est, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received SCC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro -active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is SCC withdraws its Section 252(a)(1) request, SCC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that SCC does not wish to be deemedpursue a successor agreement with SBC- 13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date SCC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of SCC's notice of withdrawal of its Section 252(a)(1) request, unless SCC provided SBC-13STATE notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If SCC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date SCC provided or received notice of expiration or termination. On the ninety -first (91) day following SCC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC SCC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service Agreement; provided that SCC shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its Telematics Customers and 911 Call Routing Customers, as those terms are defined in Appendix 911, have been transitioned to a new provider by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 26, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4September 24, 2007 2001 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i) , a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4July 29, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of
(i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4August 19, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to be deemedpursue a successor agreement with SBC-13STATE in its, nor should it be construed asas applicable, a material breach notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 21, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 6.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4March 15, 2007 2004 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term 87Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Resale Agreement
Effective Date Term and Termination. 1.2.1 The 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AT&T-OHIO, based on PUC-OH rule, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4April 9, 2007 2009 (the “Term”). Absent the receipt by This Agreement shall expire if either Party provides written notice, within one Party of written notice from the other Party not earlier than 180 calendar hundred-eighty (180) days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term (Notice Term. Absent the receipt by one Party of Expiration)such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either PartyTerm, subject to the provisions of this Section.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any Should the nonperforming or breaching Party fail to cure within forty-five (45) days after such written notice, the noticing Party may thereafter terminate this Agreement immediately upon delivery of a written termination notice.
4.4 If pursuant to Section 4.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the 4.4 other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereofthan its obligations under Sections 4.5 and 4.6.
1.2.6 As long as a non-paying 4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party has disputed unpaid shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts in good faith and pursuant to the terms of owed under this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant subject to Section 1.2.56, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service“Dispute Resolution”.
Appears in 1 contract
Effective Date Term and Termination. 1.2.1 The effective date 6.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4December 25, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Resale Agreement
Effective Date Term and Termination. 1.2.1 The effective date 7.1 In AT&T-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAT&T OHIO, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AT&T OHIO, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4June 16, 2007 2009, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on June 16, 2010 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 7.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement7.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 7.3 shall take effect immediately upon delivery of written notice to the other Party that it Page 34 of 419 failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 7.4 If pursuant to Section 7.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In Sections 7.5 and 7.6. Neither Party shall have any liability to the event of expiration or other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 1.2.57.2 or Section 7.4, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.have ten
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1
2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (the “ICCCommission”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC Commission approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 2.2 The term of this Agreement shall expire on February 4November 27, 2007 (the “Term”)2011. Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (“Notice of Expiration”), this Agreement shall remain in full force and effect effect, on a month to month basis, on and after the expiration of the Term until terminated by either Party.
1.2.2.1 2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.22.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS AT&T written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS AT&T or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOISAT&T, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS AT&T under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS AT&T in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ AT&T’s Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement Agreement, except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, belowSections 2.4 and 48.
1.2.3 2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: of (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: effective or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS AT&T received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies. If CLEC requests negotiation of a successor agreement, the rates, terms and conditions of this Agreement will continue in effect during the pendency of the parties’ negotiations and, if applicable, arbitration.
1.2.4 2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 48 below.
1.2.5 2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- non-payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.52.5, SBC ILLINOIS AT&T and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS AT&T shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS AT&T and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS AT&T in connection with this transition of service.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 5.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 31, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the terms Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), non- payment is CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to be deemedpursue a successor agreement with SBC-13STATE for a given state. The rates, nor should it be construed asterms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a material breach of Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement. In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date, termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4March 16, 2007 2004, provided; however, should CLEC implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire on March 16, 2005 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In Sections 5.5 and 5.6. Neither Party shall have any liability to the event of expiration or other Party for termination of this Agreement pursuant to this Section 5.4 other than pursuant to Section 1.2.5, SBC ILLINOIS its obligations under Sections 5.5 and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service5.6.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February June 4, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the 6.1 This Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4September 02, 2007 2002 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 6.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement6.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and 6.4 If pursuant to Section 6.2, this Agreement continues in full force and effect after the terms expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, non- payment is not subject to be deemed, nor should it be construed as, a material breach of this AgreementSections 6.5 and 6.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Resale Agreement
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 The term of this Agreement shall expire on February 4, 2007 have a term (the “Term”)) of three (3) years commencing on the Effective Date. Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration), this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC TCG shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC TCG wishes to pursue a successor agreement with SBC ILLINOIS or alternatively, if CLEC TCG wishes to allow the current Agreement to expire. If CLEC TCG wishes to pursue a successor agreement with SBC ILLINOIS, CLEC TCG shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLECTCG’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 If CLEC TCG does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC TCG provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC TCG provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLECTCG’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC TCG may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long as a non-paying Party has disputed unpaid amounts in good faith and pursuant to the terms of this Agreement, non- payment is not to be deemed, nor should it be construed as, a material breach of this Agreement.
1.2.7 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.5, SBC ILLINOIS and CLEC TCG shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to CLEC TCG or to another vendor. So long as CLEC TCG fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLECTCG’s end users and such service shall be provided pursuant to the terms of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC TCG shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of service.
Appears in 1 contract
Samples: Telecommunications
Effective Date Term and Termination. 1.2.1 The effective date 5.1 In SBC-13STATE, with the exception of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the ActAM-OH, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this . In AM-OH, based on the PUC-OH, the Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement filing and is deemed approved under Section 252(e)(4) by operation of law on the Act91st day after filing.
1.2.2 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 4May 9, 2007 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration)Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS 5.3 or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement5.4.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expiration. Unless otherwise agreed by the Parties, if the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received Notice of Expiration, the Parties shall have no further obligations under this Agreement except those described in Section 1.44 of this Agreement, including but not limited to the obligations described in Section 1.2.4, below.
1.2.3 The terms and conditions and rates and charges contained herein will continue to apply until the earlier of: (i) termination by either Party under the terms of this Agreement; (ii) the date a successor agreement becomes effective: or (iii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request, unless an arbitration petition has been filed by either Party, in which case (ii) applies.
1.2.4 CLEC may terminate this Agreement in whole or in part at any time for any reason upon sixty (60) days prior notice but its liabilities and obligations shall continue in accordance with Section 1.44 below.
1.2.5 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement, other than as set forth in Section 10, Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof. Any termination of this Agreement pursuant to this Section 1.2.5 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof.
1.2.6 As long 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a non-paying Party has disputed unpaid amounts in written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, non- payment is not to be deemedor 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, nor should it be construed ason the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), a material breach the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
1.2.7 5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of expiration or termination of this Agreement other than pursuant to Section 1.2.55.9, SBC ILLINOIS SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly and timely transition of service under this Agreement to Agreement; provided that CLEC or to another vendor. So long as CLEC fulfills said obligation to effect an orderly and timely transition of service, SBC ILLINOIS shall not terminate service to CLEC’s end users and such service shall be provided pursuant solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the terms expiration date or termination date of the interconnection agreement during this transition period. SBC ILLINOIS and CLEC shall continue their responsibilities under the terms and conditions of the terminated or expired Agreement for any order submitted to SBC ILLINOIS in connection with this transition of serviceAgreement.
Appears in 1 contract
Samples: Interconnection Agreement
