Common use of Forecasting Requirements Clause in Contracts

Forecasting Requirements. 5.6.1 The Parties shall exchange technical descriptions and forecasts of their interconnection and traffic requirements in sufficient detail necessary to establish the interconnections required to assure traffic completion to and from all customers in their respective designated service areas. 5.6.2 Within thirty (30) days after the Effective Date and each month during the term of this Agreement, each Party shall provide the other Party with a rolling, six (6) calendar month, non-binding forecast of its traffic and volume requirements for the interconnection and network elements provided under this Agreement, in the form and in such detail as agreed by the Parties. The Parties agree that each forecast provided under this Section 5.6.2 shall be deemed “Confidential Information” under Section 10.1 of the General Terms and Conditions – Part A of this Agreement. 5.6.3 In addition to, and not in lieu of, the non-binding forecasts required by Section 5.6.2, a Party that is required pursuant to this Agreement to provide a forecast (the “Forecast Provider”) or a Party that is entitled pursuant to this Agreement to receive a forecast (the “Forecast Recipient”) with respect to traffic and volume requirements for the services and network elements provided under this Agreement may request that the other Party enter into negotiations to establish a forecast (a “Binding Forecast”) that commits such Forecast Provider to purchase, and such Forecast Recipient to provide, a specified volume to be utilized as set forth in such Binding Forecast. The Forecast Provider and Forecast Recipient shall negotiate the terms of such Binding Forecast in good faith and shall include in such Binding Forecast provisions regarding price, quantity, liability for failure to perform under a Binding Forecast and any other terms desired by such Forecast Provider and Forecast Recipient. The Parties agree that each forecast provided under this Section 5.6.3 shall be deemed “Confidential Information” under Section

Forecasting Requirements. 5.6.1 XIX.5.1 The Parties shall exchange technical descriptions and forecasts of their interconnection Interconnection and traffic requirements in sufficient detail necessary to establish the interconnections Interconnections required to assure traffic completion to and from all customers Customers in their respective designated service areas. 5.6.2 Within thirty XIX.5.2 Thirty (30) days after the Effective Date Date/ and each month during the term of this Agreement, each Party shall provide the other Party with a rolling, six (6) calendar calendar-month, non-binding nonbinding forecast of its traffic and volume requirements for the interconnection Interconnection, unbundled Network Elements and network elements Resale Services (notwithstanding that Requesting Carrier may also be submitting binding forecasts pursuant to Section 10.13.2(b)) to be provided under this Agreement, in the form and in such detail as agreed requested by Ameritech. If a Party becomes aware of any information or fact that may render its previously submitted forecast inaccurate by more than five percent (5%), such Party agrees to immediately notify the Partiesother Party of such fact or information and provide to such other Party a revised forecast that reflects such new fact or information and cures any inaccuracy in the previously submitted forecast within the earlier of (i) five (5) calendar days after such Party becomes aware of such information or fact and (ii) ten (10) Business Days before such Party submits any order to the other Party as a result of such new information or fact. The In addition, each Party agrees to cooperate with the other Party to ensure that any orders that are submitted as a result of any new information or fact are submitted and processed consistent with the terms and conditions of this Agreement. Notwithstanding Section 20.1.1, the Parties agree that each forecast provided under this Section 5.6.2 19.5.2 shall be deemed “Confidential Proprietary Information” under Section 10.1 of the General Terms and Conditions – Part A of this AgreementArticle XX. 5.6.3 XIX.5.3 In addition to, and not in lieu of, the non-binding nonbinding forecasts required by Section 5.6.219.5.2, a Party that is required pursuant to this Agreement to provide a forecast (the “Forecast Provider”) or a Party that is entitled pursuant to this Agreement to receive a forecast (the “Forecast Recipient”) with respect to traffic and volume requirements for the services and network elements Network Elements provided under this Agreement may request that the other Party enter into negotiations to establish a forecast (a “Binding Forecast”) that commits such Forecast Provider to purchase, and such Forecast Recipient to provide, a specified volume to be utilized as set forth in such Binding Forecast. The Forecast Provider and Forecast Recipient shall negotiate the terms of such Binding Forecast in good faith and shall include in such Binding Forecast provisions regarding price, quantity, liability for failure to perform under a Binding Forecast and any other terms desired by such Forecast Provider and Forecast Recipient. The Notwithstanding Section 20.1.1, the Parties agree that each forecast provided under this Section 5.6.3 19.5.3 shall be deemed “Confidential Proprietary Information” under SectionArticle XX.

Forecasting Requirements. 5.6.1 XIX.5.1 The Parties shall exchange technical descriptions and forecasts of their interconnection Interconnection and traffic requirements in sufficient detail necessary to establish the interconnections Interconnections required to assure traffic completion to and from all customers Customers in their respective designated service areas. 5.6.2 Within thirty XIX.5.2 Thirty (30) days after the Effective Date Date1/ and each month during the term of this Agreement, each Party shall provide the other Party with a rolling, six (6) calendar calendar-month, non-binding nonbinding forecast of its traffic and volume requirements for the interconnection Interconnection, unbundled Network Elements and network elements Resale Services (notwithstanding that Requesting Carrier may also be submitting binding forecasts pursuant to Section 10.13.2(b)) to be provided under this Agreement, in the form and in such detail as agreed requested by Ameritech. If a Party becomes aware of any information or fact that may render its previously submitted forecast inaccurate by more than five percent (5%), such Party agrees to immediately notify the Partiesother Party of such fact or information and provide to such other Party a revised forecast that reflects such new fact or information and cures any inaccuracy in the previously submitted forecast within the earlier of (i) five (5) calendar days after such Party becomes aware of such information or fact and (ii) ten (10) Business Days before such Party submits any order to the other Party as a result of such new information or fact. The In addition, each Party agrees to cooperate with the other Party to ensure that any orders that are submitted as a result of any new information or fact are submitted and processed consistent with the terms and conditions of this Agreement. Notwithstanding Section 20.1.1, the Parties agree that each forecast provided under this Section 5.6.2 19.5.2 shall be deemed “Confidential Proprietary Information” under Section 10.1 of the General Terms and Conditions – Part A of this AgreementArticle XX. 5.6.3 XIX.5.3 In addition to, and not in lieu of, the non-binding nonbinding forecasts required by Section 5.6.219.5.2, a Party that is required pursuant to this Agreement to provide a forecast (the “Forecast Provider”) or a Party that is entitled pursuant to this Agreement to receive a forecast (the “Forecast Recipient”) with respect to traffic and volume requirements for the services and network elements Network Elements provided under this Agreement may request that the other Party enter into negotiations to establish a forecast (a “Binding Forecast”) that commits such Forecast Provider to purchase, and such Forecast Recipient to provide, a specified volume to be utilized as set forth in such Binding Forecast. The Forecast Provider and Forecast Recipient shall negotiate the terms of such Binding Forecast in good faith and shall include in such Binding Forecast provisions regarding price, quantity, liability for failure to perform under a Binding Forecast and any other terms desired by such Forecast Provider and Forecast Recipient. The Parties agree that each forecast provided under this Section 5.6.3 shall be deemed “Confidential Information” under Section.