Common use of Effective Date Term and Termination Clause in Contracts

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” of this Agreement shall be two (2) years from the Effective Date and shall then automatically renew on a year-to-year basis. Upon expiration of the Initial Term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination. 9.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligation. 9.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 2 contracts

Samples: Facilities Based Network Interconnection Agreement, Facilities Based Network Interconnection Agreement

AutoNDA by SimpleDocs

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through May 31, 2006 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term by providing sixty (60) days written notice of termination to the other Party. In the event such notice of termination is provided, with such written notice and either Party requests in good faith to be provided at least sixty (60) days in advance renegotiate a successor agreement under the provisions of the date of termination.Act, this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive termination Termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxCITIZENS, authority involves the provision provisions of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelALLTEL, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through December 31, 2012 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate initial term or any renewal term by providing (i) until this Agreement has been replaced by providing written notice of termination a new agreement, or (ii) for up to the other Party, with such written notice to be provided at least sixty one hundred eighty (60180) calendar days in advance of following the date of termination, whichever is earlier. 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxPCTC, authority involves the provision of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelUSCC, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through May 31, 2006 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination.written 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive termination Termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant pursua nt to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxCCCI, authority involves the provision provisions of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelALLTEL, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, provided however, that the non-defaulting Party notifies the defaulting default ing Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “7.1 The Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” Date of this Agreement shall be two ten (210) years from calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on September 20, 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 a year-to-year basisSeptember 20, 2008 (the “Term”). Upon Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Initial Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 7.3 or 7.4. 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 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 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. 7.4 If pursuant to Section 7.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement by providing after delivering written notice of termination to the other PartyParty of its intention to terminate this Agreement, with such written notice subject to be provided at least sixty (60) days in advance Sections 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of the date of terminationthis Agreement pursuant to this Section 5.4 other than its obligations under Sections 7.5 and 7.6. 9.3 7.5 Upon termination or expiration of this Agreement in accordance with this SectionSections 7.2, 7.3 or 7.4: (a) each 7.5.1 Each Party shall continue to comply immediately with its obligations set forth above;in Section 42; and (b) each 7.5.2 Each Party shall promptly pay all amounts (including any late payment charges) owed under this AgreementAgreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof; (c) each 7.5.3 Each Party's confidentiality obligations shall survive; and 7.5.4 Each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationsurvive. 9.4 The arrangements 7.6 If either Party serves notice of expiration pursuant to this Agreement including the provision of services Section 7.2 or facilities Section 7.4, CLEC shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.have ten

Appears in 1 contract

Samples: Interconnection and Resale Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (upon execution by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective DateParties. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the date expiration of terminationthe initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The interconnection arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxSCRTC, authority involves the provision of local exchange or exchange access services. For TritelBluegrass, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement is intended to replace a tariffed service arrangement between the Parties. The tariff arrangement remains in effect until this Agreement becomes effective. This Agreement shall become effective 30 days following State Commission approval of this Agreement. On that date, the terms and conditions of this Agreement (shall replace the “Effective Date”) unless terms and conditions of any tariff arrangement that may be in place between the Parties decideat that time. When this Agreement becomes effective, by mutual agreementthe provisions contained in Section 2.0 of this Agreement shall apply with respect to the interpretation and construction of the Agreement and its ongoing relation to other references, to an earlier Effective Dateincluding subsequent tariffs. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Initial Terminitial term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (606) days in advance of the date of termination. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s 's authority to provide services. For XxxxxxxxxxxXxxxxxxxxxx Telephone Company, Inc., authority involves the provision of local exchange or exchange access services. For TritelCarrier, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written days notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) a. A Party’s 's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) b. A Party’s 's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through March 31st, 2006 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term by providing sixty (60) days written notice of termination to the other Party. In the event such notice of termination is provided, with such written notice and either Party requests in good faith to be provided at least sixty (60) days in advance renegotiate a successor agreement under the provisions of the date of termination.Act, this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement; (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxWWTC, authority involves the provision of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelALLTEL, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 5.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” Date of this Agreement shall be two ten (210) years from calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall then automatically renew expire on a year-to-year basis1yr plus 90 days (the “Term”). Upon Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Initial Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4. 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, Network Element s, 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 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 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. 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 by providing after delivering written notice of termination to the other PartyParty of its intention to terminate this Agreement, with such written notice subject to be provided at least sixty (60) days in advance Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of the date of terminationthis Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6. 9.3 5.5 Upon termination or expiration of this Agreement in accordance with this SectionSections 5.2, 5.3 or 5.4: (a) each 5.5.1 Each Party shall continue to comply immediately with its obligations set forth above;in Section 42; and (b) each 5.5.2 Each Party shall promptly pay all amounts (including any late payment charges) owed under this AgreementAgreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof; (c) each 5.5.3 Each Party’s confidentiality obligations shall survive; and 5.5.4 Each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationsurvive. 9.4 The arrangements 5.6 If either Party serves notice of expiration pursuant to this Agreement including the provision of services Section 5.2 or facilities Section 5.4, CLEC shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than have ten (10) days’ 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 written request to commence negotiations with SBC-13STATE under Sections 251/252 of the other Party for failure to pay undisputed amounts 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 dates earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole Section 252(i) of the Act; or in part in (ii) the event of a default by date that is ten (10) months after the other Partydate on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, that when a successor agreement becomes effective, the non-defaulting Party notifies terms, rates and charges of such successor Agreement shall apply retroactively back to the defaulting Party in writing of the alleged default date this Agreement is terminated or expires, whichever is later, and that the defaulting Party does not cure the alleged default retro- active true- up shall be completed within thirty ninety (3090) calendar days following the effective date of receipt 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 written this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice thereofof 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. Default is defined to include: (aThe rates, terms and cond itions of this Agreement shall continue in full force and effect until the later of: 1) A Party’s insolvency or the initiation expiration of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under term of this Agreement, or 2) the violation expiration of any 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 material 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 wis hes 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 termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (upon execution by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective DateParties. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the date expiration of terminationthe initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxMRTC, authority involves the provision of local exchange or exchange access services. For TritelACC OF KENTUCKY, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through June 30, 2009 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate initial term or any renewal term by providing (i) until this Agreement has been replaced by providing written notice of termination a new agreement, or (ii) for up to the other Party, with such written notice to be provided at least sixty one hundred eighty (60180) calendar days in advance of following the date of termination, whichever is earlier. 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxMATC, authority involves the provision of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelUSCC, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through July 31st, 2006 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term by providing sixty (60) days written notice of termination to the other Party. In the event such notice of termination is provided, with such written notice and either Party requests in good faith to be provided at least sixty (60) days in advance renegotiate a successor agreement under the provisions of the date of termination.Act, this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxCTCI, authority involves the provision of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelALLTEL, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through June 30, 2009 and shall then automatically renew on a year-to-to- year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate initial term or any renewal term by providing (i) until this Agreement has been replaced by providing written notice of termination a new agreement, or (ii) for up to the other Party, with such written notice to be provided at least sixty one hundred eighty (60180) calendar days in advance of following the date of termination, whichever is earlier. 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive sur vive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxXXXXXXX, authority involves the provision of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelUSCC, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties parties decide, by mutual agreement, to an earlier Effective Dateeffective date. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Initial Terminitial term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxBrandenburg, authority involves the provision of local exchange or exchange access services. For TritelSPRINT PCS, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or; (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement; or (c) Default as may be defined elsewhere in this Agreement.

Appears in 1 contract

Samples: Telecommunications

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (upon execution by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective DateParties. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the date expiration of terminationthe initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The interconnection arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxMRTC, authority involves the provision of local exchange or exchange access services. For TritelCINGULAR, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection and Reciprocal Compensation Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval 7.1 In AT&T-13STATE, with the exception of this Agreement (AT&T OHIO, the Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” Date of this Agreement shall be two ten (210) years from calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing. 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on February 6, 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 a year-to-year basisFebrurary 6, 2010 (the “Term”). Upon Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Initial Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 7.3 or 7.4. 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 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 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. 7.4 If pursuant to Section 7.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement by providing after delivering written notice of termination to the other PartyParty of its intention to terminate this Agreement, with such written notice subject to be provided at least sixty (60) days in advance Sections 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of the date of terminationthis Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6. 9.3 7.5 Upon termination or expiration of this Agreement in accordance with this SectionSections 7.2, 7.3 or 7.4: (a) each 7.5.1 Each Party shall continue to comply immediately with its obligations set forth above;in Section 42, Scope of this Agreement; and (b) each 7.5.2 Each Party shall promptly pay all amounts (including any late payment charges) owed under this AgreementAgreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof; (c) each 7.5.3 Each Party’s 's confidentiality obligations shall survive; and 7.5.4 Each Party's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationsurvive. 9.4 The arrangements 7.6 If either Party serves notice of expiration pursuant to this Agreement including the provision of services Section 7.2 or facilities Section 7.4, CLEC shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.have ten

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become will be effective 30 days following State Commission as of December 1, 2005, pending execution by both Parties and subject to approval of this Agreement (by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 Commission. The “Initial Term” initial term of this Agreement shall be two three (23) years from the Effective Date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the expiration of the initial term or any renewal term thereof. In the event such notice of termination is provided and either Party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one year following the date of termination, whichever is earlier. Notwithstanding the foregoing, if there is arbitration or litigation concerning the development of a replacement arrangement at the end of the one-year period discussed above, this Agreement shall be extended until the conclusion of the arbitration or litigation. 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (cb) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationextent the claim arose during term of the Agreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, PCTC authority involves the provision provisions of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelACC, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting default Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 5.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” Date of this Agreement shall be two ten (210) years from calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall then automatically renew expire on a year-to-year basisAugust 3, 2001 (the “Term”). Upon Absent the receipt by one Party of written notice from the other Party at least within 180 days prior to the expiration of the Initial Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4. 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 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 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. 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 by providing after delivering written notice of termination to the other PartyParty of its intention to terminate this Agreement, with such written notice subject to be provided at least sixty (60) days in advance Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of the date of terminationthis Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6. 9.3 5.5 Upon termination or expiration of this Agreement in accordance with this SectionSections 5.2, 5.3 or 5.4: (a) each 5.5.1 Each Party shall continue to comply immediately with its obligations set forth above;in Section 42; and (b) each 5.5.2 Each Party shall promptly pay all amounts (including any late payment charges) owed under this AgreementAgreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof; (c) each 5.5.3 Each Party’s 's confidentiality obligations shall survive; and 5.5.4 Each Party 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationsurvive. 9.4 The arrangements 5.6 If either Party serves notice of expiration pursuant to this Agreement including the provision of services Section 5.2 or facilities Section 5.4, CLEC shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than have ten (10) days’ 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 written request to commence negotiations with SBC-13STATE under Sections 251/252 of the other Party for failure to pay undisputed amounts 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 dates earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole Section 252(i) of the Act; or in part in (ii) the event of a default by date that is ten (10) months after the other Partydate on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, that when a successor agreement becomes effective, the non-defaulting Party notifies terms, rates and 5.8 If at any time during the defaulting Party 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 writing its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the alleged default and Act or affirmatively state that the defaulting Party CLEC does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereofwish to pursue a successor agreement with SBC-13STATE for a given state. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this AgreementThe rates, or the violation of any of the material 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 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 termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through April 30, 2006 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term by providing (60) sixty days written notice of termination to the other Party. In the event such notice of termination is provided and either Party requests in good faith to renegotiate a successor agreement under the provisions of the Act, with such written notice this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement, or (ii) for up to be provided at least sixty one hundred eighty (60180) calendar days in advance of following the date of termination, whichever is earlier. 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxMATC, authority involves the provision of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelALLTEL, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (upon execution by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective DateParties. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the date expiration of terminationthe initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The interconnection arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxTGTC, authority involves the provision of local exchange or exchange access services. For TritelCINGULAR, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection and Reciprocal Compensation Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval 7.1 In AT&T-13STATE, with the exception of this Agreement (AT&T OHIO, the Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” Date of this Agreement shall be two ten (210) years from calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing. 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on September 21, 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 a year-to-year basisSeptember 21, 2010 (the “Term”). Upon Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Initial Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 7.3 or 7.4. 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 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 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. 7.4 If pursuant to Section 7.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement by providing after delivering written notice of termination to the other PartyParty of its intention to terminate this Agreement, with such written notice subject to be provided at least sixty (60) days in advance Sections 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of the date of terminationthis Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6. 9.3 7.5 Upon termination or expiration of this Agreement in accordance with this SectionSections 7.2, 7.3 or 7.4: (a) each 7.5.1 Each Party shall continue to comply immediately with its obligations set forth above;in Section 42, Scope of this Agreement; and (b) each 7.5.2 Each Party shall promptly pay all amounts (including any late payment charges) owed under this AgreementAgreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof; (c) each 7.5.3 Each Party’s 's confidentiality obligations shall survive; and 7.5.4 Each Party's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationsurvive. 9.4 The arrangements 7.6 If either Party serves notice of expiration pursuant to this Agreement including the provision of services Section 7.2 or facilities Section 7.4, CLEC shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.have ten

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval 8.1 The initial term of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” of this Agreement shall be two (2) years is from the Effective Date through August 31, 2016 and shall then automatically renew on a year-to-year month to month basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term or any renewal term by providing written notice of termination to the other Party, with such written notice to be provided at least sixty Party one hundred eighty (60180) days in advance prior to the end of the date initial term or any renewal term. In the event such notice of termination.termination is provided and either Party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement or (ii) for up to one hundred eighty 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxAMERY, authority involves the provision of local exchange or exchange access servicesTelecommunications services as certificated by the Commission. For TritelVERIZON WIRELESS, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) calendar days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through December 31, 2005 and shall then automatically renew on a year-to-to- year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the date expiration of termination.the initial term or any renewal term thereof. In the event such notice of termination is provided, and either Party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (cb) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationextent the claim arose during term of the Agreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxCCCI, authority involves the provision provisions of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelSPRINT, authority authorit y involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting default Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

AutoNDA by SimpleDocs

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become will be effective 30 days following State Commission upon execution by both Parties subject to approval of this Agreement (by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 Commission. The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the expiration of the initial term or any renewal term thereof. In the event such notice of termination is provided and either Party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one year following the date of termination, whichever is earlier. Notwithstanding the foregoing, if there is arbitration or litigation concerning the development of a replacement arrangement at the end of the one-year period discussed above, this Agreement shall be extended until the conclusion of the arbitration or litigation. 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (cb) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationextent the claim arose during term of the Agreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxCITIZENS, authority involves the provision provisions of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelACC, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting default Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties parties decide, by mutual agreement, to an earlier Effective Dateeffective date. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Initial Terminitial term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The arrangements arrangement pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s 's authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For TritelWMCI, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ days written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s ' s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s 's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” of this Agreement shall be two (2) years from the Effective Date and shall then automatically renew on a year-to-year basis. Upon expiration of the Initial Term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination. 9.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligation. 9.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For TritelPowertel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties parties decide, by mutual agreement, to an earlier Effective Dateeffective date. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Initial Terminitial term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For TritelACC, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or; (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement; or (c) Default as may be defined elsewhere in this Agreement.

Appears in 1 contract

Samples: Telecommunications

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval 7.1 In AT&T-13STATE, with the exception of this Agreement (AT&T OHIO, the Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” Date of this Agreement shall be two ten (210) years from calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing. 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on April 22, 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 a year-to-year basisApril 22, 2010 (the “Term”). Upon Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Initial Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 7.3 or 7.4. 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 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 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. 7.4 If pursuant to Section 7.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination. 9.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligation. 9.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ after delivering written notice to the other Party of its intention to terminate this Agreement, subject to Sections 7.5 and 7.6. Neither Party shall have any liability to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished termination of this Agreement pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the Section 7.4 other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform than its obligations under this Agreement, or the violation of any of the material terms Sections 7.5 and conditions of this Agreement7.6.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through December 31, 2005 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the date expiration of termination.the initial term or any renewal term thereof. In the event such notice of termination is provided, and either Party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect: (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (cb) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationextent the claim arose during the term of the Agreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxMATC, authority involves the provision provisions of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelSPRINT, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other non-paying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay the undisputed amounts within 30 days of the written notice. 9.6 8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting default Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties parties decide, by mutual agreement, to an earlier Effective Dateeffective date. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Initial Terminitial term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For TritelNEXTEL PARTNERS, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become will be effective 30 days following State Commission upon execution by both Parties subject to approval of this Agreement (by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 Commission. The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the expiration of the initial term or any renewal term thereof. In the event such notice of termination is provided and either Party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one year following the date of termination, whichever is earlier. Notwithstanding the foregoing, if there is arbitration or litigation concerning the development of a replacement arrangement at the end of the one-year period discussed above, this Agreement shall be extended until the conclusion of the arbitration or litigation. 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (cb) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationextent the claim arose during term of the Agreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxCCCI, authority involves the provision provisions of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelACC, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement.facilities 9.6 8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting default Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 5.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” Date of this Agreement shall be two ten (210) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire three years from the Effective Date and shall then automatically renew on a year-to-year basisdate (the “Term”). Upon Absent the receipt by one Party of written notice from the other Party at least within 180 days prior to the expiration of the Initial Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4. 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 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 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. 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 by providing after delivering written notice of termination to the other PartyParty of its intention to terminate this Agreement, with such written notice subject to be provided at least sixty (60) days in advance Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of the date of terminationthis Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6. 9.3 5.5 Upon termination or expiration of this Agreement in accordance with this SectionSections 5.2, 5.3 or 5.4: (a) each 5.5.1 Each Party shall continue to comply immediately with its obligations set forth above;in Section 42; and (b) each 5.5.2 Each Party shall promptly pay all amounts (including any late payment charges) owed under this AgreementAgreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof; (c) each 5.5.3 Each Party’s 's confidentiality obligations shall survive; and 5.5.4 Each Party 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationsurvive. 9.4 The arrangements 5.6 If either Party serves notice of expiration pursuant to this Agreement including the provision of services Section 5.2 or facilities Section 5.4, Baraga shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than have ten (10) days’ days to provide AM-MI written confirmation if Baraga wishes to pursue a successor agreement with AM-MI or terminate its agreement. Baraga shall identify the action to be taken on each applicable (13) state(s). If Baraga wishes to pursue a successor agreement with AM-MI, Baraga shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with AM-MI under Sections 251/252 of the other Party for failure to pay undisputed amounts Act and identify each of the state(s) the successor agreement will cover. Upon receipt of Baraga 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 dates earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole Section 252(i) of the Act; or in part in (ii) the event of a default by date that is ten (10) months after the other Partydate on which AM-MI received Baraga Section 252(a)(1) request; provided, however, that when a successor agreement becomes effective, the non-defaulting Party notifies terms, rates and charges of such successor Agreement shall apply retroactively back to the defaulting Party in writing of the alleged default date this Agreement is terminated or expires, whichever is later, and that the defaulting Party 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), Baraga withdraws its Section 252(a)(1) request, Baraga 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 Baraga does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereofwish to pursue a successor agreement with AM-MI for a given state. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this AgreementThe rates, or the violation of any of the material terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date Baraga provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following AM-MI receipt of Baraga notice of withdrawal of its Section 252(a)(1) request, unless Baraga provided AM-MI 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 Baraga does not affirmatively state that it wishes to pursue a successor agreement with AM-MI in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of AM-MI’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 Baraga provided or received notice of expiration or termination. On the ninety-first (91) day following Baraga 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 termination of this Agreement pursuant to Section 5.9, AM-MI and Baraga shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that Baraga shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 8.1 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date through June 30, 2009 and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either Party at the end of the Initial Term, either Party may terminate initial term or any renewal term by providing (i) until this Agreement has been replaced by providing written notice of termination a new agreement, or (ii) for up to the other Party, with such written notice to be provided at least sixty one hundred eighty (60180) calendar days in advance of following the date of termination, whichever is earlier. 9.3 8.2 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations as set forth above;above in Section 8.1. (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;. (c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxRGTC, authority involves the provision of local exchange Exchange Service or exchange access servicesExchange Access Service. For TritelUSCC, authority involves the provision of CMRS services service under license from the Federal Communications Commission. 9.5 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ days written notice to the other nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof. 9.6 Either 8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (upon execution by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective DateParties. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the date expiration of terminationthe initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The interconnection arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxNCTC, authority involves the provision of local exchange or exchange access services. For TritelBluegrass, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection and Reciprocal Compensation Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (upon execution by the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective DateParties. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration The Agreement may be terminated by either party at the end of the Initial Term, either Party may terminate this Agreement initial term (or any renewal term) by providing written notice of termination to the other Party, with such written notice to be provided Party at least sixty (60) days in advance of the date expiration of terminationthe initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a) each Party shall comply immediately with its obligations set forth above; (b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c) each Party’s 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For XxxxxxxxxxxHTC, authority involves the provision of local exchange or exchange access services. For TritelACC OF KENTUCKY, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten thirty (1030) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection Agreement

Effective Date Term and Termination. 9.1 5.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to an earlier Effective Date. 9.2 The “Initial Term” Date of this Agreement shall be two ten (210) years from calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall then automatically renew expire on a year-to-year basis1yr plus 90 days (the “Term”). Upon Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Initial Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4. 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 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 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. 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 by providing after delivering written notice of termination to the other PartyParty of its intention to terminate this Agreement, with such written notice subject to be provided at least sixty (60) days in advance Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of the date of terminationthis Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6. 9.3 5.5 Upon termination or expiration of this Agreement in accordance with this SectionSections 5.2, 5.3 or 5.4: (a) each 5.5.1 Each Party shall continue to comply immediately with its obligations set forth above;in Section 42; and (b) each 5.5.2 Each Party shall promptly pay all amounts (including any late payment charges) owed under this AgreementAgreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof; (c) each 5.5.3 Each Party’s 's confidentiality obligations shall survive; and 5.5.4 Each Party 's indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationsurvive. 9.4 The arrangements 5.6 If either Party serves notice of expiration pursuant to this Agreement including the provision of services Section 5.2 or facilities Section 5.4, CLEC shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For Xxxxxxxxxxx, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than have ten (10) days’ 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 written request to commence negotiations with SBC-13STATE under Sections 251/252 of the other Party for failure to pay undisputed amounts 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 dates earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 Either Party may terminate this Agreement in whole Section 252(i) of the Act; or in part in (ii) the event of a default by date that is ten (10) months after the other Partydate on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, that when a successor agreement becomes effective, the non-defaulting Party notifies terms, rates and charges of such successor Agreement shall apply retroactively back to the defaulting Party in writing of the alleged default date this Agreement is terminated or expires, whichever is later, and that the defaulting Party does not cure the alleged default retro- active true-up shall be completed within thirty ninety (3090) calendar days following the effective date of receipt 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 written notice thereof. Default is defined to include: (a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement), or the violation CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of any withdrawal a request to adopt a successor agreement under Section 252(i) of the material 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, 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 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 termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Effective Date Term and Termination. 9.1 8.1 This Agreement shall become effective 30 ten (10) days following State Commission approval of this Agreement. When the Agreement (becomes effective, the “Effective Date”) unless provisions contained in Section 2.0 of this Agreement shall apply with respect to the Parties decideinterpretation and construction of this Agreement and its ongoing relation to other references, by mutual agreement, to an earlier Effective Dateincluding subsequent tariffs. 9.2 8.2 The “Initial Term” initial term of this Agreement shall be two (2) years from the Effective Date effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Initial Terminitial term, either Party may terminate this Agreement by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination. 9.3 8.3 Upon termination or expiration of this Agreement in accordance with this Section: (a1) each Party shall comply immediately with its obligations set forth above; (b2) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; (c3) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligationAgreement. 9.4 8.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide provides services. For XxxxxxxxxxxDuo County Telephone Cooperative, authority involves the provision of local exchange or exchange access services. For TritelBluegrass Cellular, authority involves the provision of CMRS services under license from the Federal Communications Commission. 9.5 8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written days notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement. 9.6 8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; Party provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include: (a1) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b2) A Party’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms and conditions of this Agreement.

Appears in 1 contract

Samples: Facilities Based Network Interconnection Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!