Common use of Grades of Service Clause in Contracts

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 In the event Xxxxx believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), then Xxxxx will notify TCA of the contaminated group(s) and provide results of its analysis in a written notice. The TCA will have ten (10) days from receipt of such notice to reroute the Misrouted Traffic to an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.4 Should the delivering Party in Section 5.1.3 above fail to correct the traffic contamination within ten (10) days pursuant to Section 5.1.3 above, Xxxxx will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the Xxxxx may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to traffic and facilities used by TCA to deliver the Misrouted Traffic. In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, Xxxxx may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. 5.1.5 Upon written notice from TCA that such contamination has been corrected, the Xxxxx will have ten (10) days to provide a written response to the correction notice. Should Xxxxx confirm the correction or not respond to the correction notice within ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise Xxxxx shall continue to treat the traffic pursuant to 5.1.4. 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the General Terms and Conditions of this Agreement. 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the General Terms and Conditions of the Agreement.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

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Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 In the event Xxxxx MRTC believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), then Xxxxx MRTC will notify TCA of the contaminated group(s) and provide results of its analysis in a written notice. The TCA will have ten (10) days from receipt of such notice to reroute the Misrouted Traffic to an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.4 Should the delivering Party in Section 5.1.3 above fail to correct the traffic contamination within ten (10) days pursuant to Section 5.1.3 above, Xxxxx MRTC will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the Xxxxx MRTC may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to traffic and facilities used by TCA to deliver the Misrouted Traffic. In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, Xxxxx MRTC may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. 5.1.5 Upon written notice from TCA that such contamination has been corrected, the Xxxxx MRTC will have ten (10) days to provide a written response to the correction notice. Should Xxxxx MRTC confirm the correction or not respond to the correction notice within ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise Xxxxx MRTC shall continue to treat the traffic pursuant to 5.1.4. 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the General Terms and Conditions of this Agreement. 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the General Terms and Conditions of the Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 In the event Xxxxx Duo believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), then Xxxxx Duo will notify TCA of the contaminated group(s) and provide results of its analysis in a written notice. The TCA will have ten (10) days from receipt of such notice to reroute the Misrouted Traffic to an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.4 Should the delivering Party in Section 5.1.3 above fail to correct the traffic contamination within ten (10) days pursuant to Section 5.1.3 above, Xxxxx Duo will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the Xxxxx Duo may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to traffic and facilities used by TCA to deliver the Misrouted Traffic. In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, Xxxxx Duo may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. 5.1.5 Upon written notice from TCA that such contamination has been corrected, the Xxxxx Duo will have ten (10) days to provide a written response to the correction notice. Should Xxxxx Duo confirm the correction or not respond to the correction notice within ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise Xxxxx Duo shall continue to treat the traffic pursuant to 5.1.4. 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the General Terms and Conditions of this Agreement. 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the General Terms and Conditions of the Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 In the event Xxxxx CTC believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), then Xxxxx CTC will notify TCA of the contaminated group(s) and provide results of its analysis in a written notice. The TCA will have ten (10) days from receipt of such notice to reroute the Misrouted Traffic to an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.4 Should the delivering Party in Section 5.1.3 above fail to correct the traffic contamination within ten (10) days pursuant to Section 5.1.3 above, Xxxxx CTC will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the Xxxxx CTC may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to traffic and facilities used by TCA to deliver the Misrouted Traffic. In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, Xxxxx CTC may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. 5.1.5 Upon written notice from TCA that such contamination has been corrected, the Xxxxx CTC will have ten (10) days to provide a written response to the correction notice. Should Xxxxx CTC confirm the correction or not respond to the correction notice within ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise Xxxxx CTC shall continue to treat the traffic pursuant to 5.1.4. 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the General Terms and Conditions of this Agreement. 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the General Terms and Conditions of the Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 In the event Xxxxx TGT believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), then Xxxxx TGT will notify TCA of the contaminated group(s) and provide results of its analysis in a written notice. The TCA will have ten (10) days from receipt of such notice to reroute the Misrouted Traffic to an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.4 Should the delivering Party in Section 5.1.3 above fail to correct the traffic contamination within ten (10) days pursuant to Section 5.1.3 above, Xxxxx TGT will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the Xxxxx TGT may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to traffic and facilities used by TCA to deliver the Misrouted Traffic. In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, Xxxxx TGT may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. 5.1.5 Upon written notice from TCA that such contamination has been corrected, the Xxxxx TGT will have ten (10) days to provide a written response to the correction notice. Should Xxxxx TGT confirm the correction or not respond to the correction notice within ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise Xxxxx TGT shall continue to treat the traffic pursuant to 5.1.4. 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the General Terms and Conditions of this Agreement. 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the General Terms and Conditions of the Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 In the event Xxxxx FRTC believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), then Xxxxx FRTC will notify TCA of the contaminated group(s) and provide results of its analysis in a written notice. The TCA will have ten (10) days from receipt of such notice to reroute the Misrouted Traffic to an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.4 Should the delivering Party in Section 5.1.3 above fail to correct the traffic contamination within ten (10) days pursuant to Section 5.1.3 above, Xxxxx FRTC will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the Xxxxx FRTC may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to traffic and facilities used by TCA to deliver the Misrouted Traffic. In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, Xxxxx FRTC may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. 5.1.5 Upon written notice from TCA that such contamination has been corrected, the Xxxxx FRTC will have ten (10) days to provide a written response to the correction notice. Should Xxxxx FRTC confirm the correction or not respond to the correction notice within ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise Xxxxx FRTC shall continue to treat the traffic pursuant to 5.1.4. 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the General Terms and Conditions of this Agreement. 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the General Terms and Conditions of the Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 In the event Xxxxx PRTC believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), then Xxxxx PRTC will notify TCA of the contaminated group(s) and provide results of its analysis in a written notice. The TCA will have ten (10) days from receipt of such notice to reroute the Misrouted Traffic to an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.4 Should the delivering Party in Section 5.1.3 above fail to correct the traffic contamination within ten (10) days pursuant to Section 5.1.3 above, Xxxxx PRTC will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the Xxxxx PRTC may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to traffic and facilities used by TCA to deliver the Misrouted Traffic. In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, Xxxxx PRTC may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. 5.1.5 Upon written notice from TCA that such contamination has been corrected, the Xxxxx PRTC will have ten (10) days to provide a written response to the correction notice. Should Xxxxx PRTC confirm the correction or not respond to the correction notice within ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise Xxxxx PRTC shall continue to treat the traffic pursuant to 5.1.4. 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the General Terms and Conditions of this Agreement. 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the General Terms and Conditions of the Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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