General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of California, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13, 1997 (Arbitration Order) in Docket No. D.00-00-000. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON agrees to offer to SPRINT the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON further expressly reser...
General Terms and Conditions Affecting Rates. If in the future, final, binding and non-appealable regulatory orders or other legal requirements are mandated, some rates, and the terms and conditions for application of the rates, set forth in this Agreement and the applicable Appendices will be superseded by such future final, binding and non-appealable regulatory orders or other legal requirements. To the extent that the final rates, or the terms and conditions for application of the final rates, are different than the rates in this Agreement or the applicable Appendices, the final rates, terms and conditions will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing.
