Common use of Guides Clause in Contracts

Guides. 30.2.1 The Parties acknowledge that certain provisions of this Agreement reference certain AT&T documents and publications (collectively referred to herein as the "Guides"). All Guides referred to in this Agreement, are incorporated herein and made a part hereof by reference. To the extent that there is a conflict between a provision of a Guide and a provision of this Agreement, the provision of this Agreement shall prevail. AT&T may, from time to time during the term hereof, change or alter said Guides (including replacing a Guide entirely with a successor Guide with a different name). The Parties agree that if the change or alteration was made to AT&T’s OSS interface Guides as a result of the Change Control Process (CCP), results from a revision to a generally accepted and implemented industry standard or guideline (e.g. Ordering Billing Forum (OBF), Telcordia guidelines, etc.), or other legal requirement directly affecting the Guides provided, if such legal requirement would be subject to the change of law provision in these General Terms and Conditions, the change to the Guide would not be applicable until this Agreement is amended to reflect the update to the Guide, or if TWTC agrees to such change or alteration, any such change or alteration shall become effective as specified in the terms of the notice to TWTC via the applicable Internet website posting. In all other cases, a change in a Guide which (1) alters, amends or conflicts with any term of this Agreement; (2) changes any charge or rate, or the application of any charge or rate, specified in this Agreement; (3) adds a new rate or rate element not previously specified in the Agreement; (4) causes TWTC to incur material cost or expense to implement the change or alteration; or (5) increases an interval set forth in this agreement, will not be effective with respect to TWTC until AT&T and TWTC sign an amendment to this Agreement reflecting the changes described in items (1), (2), (3) or (5); or unless TWTC fails to inform AT&T in writing that it does not agree to such change or alteration within forty- five (45) days of notice of such change being given to TWTC for item (4). For purposes of item (4), a cost or expense shall be deemed material if it imposes a financial burden on TWTC, but shall not include costs associated with disseminating notice of the change or providing training regarding the change to employees. In addition, AT&T will use its best efforts, upon TWTC’s request to AT&T’s Web site group at xxxxxxxx@xxx.xxx, to provide such notices via e-mail to the address specified by TWTC. 30.2.2 In the event that the Parties disagree as to whether any alteration or amendment described in this Section is effective as to TWTC pursuant to the requirements of this Section, either Party may, at its option, seek resolution of the dispute in accordance with the Dispute Resolution provisions in the General Terms and Conditions of this Agreement. In cases where there is a dispute with respect to any alteration or amendment described in this Section becoming effective as to TWTC, such alteration or amendment described in this Section shall not become effective as to TWTC until there is mutual agreement between the Parties that it should become effective or an order resulting from the Dispute Resolution process finding in favor of its becoming effective.

Guides. 30.2.1 45.2.1 The Parties acknowledge that certain provisions of this Agreement reference certain AT&T documents and publications (collectively referred to herein as the "Guides"). All Guides referred to in this Agreement, are incorporated herein and made a part hereof by reference. To the extent that there is a conflict between a provision of a Guide and a provision of this Agreement, the provision of this Agreement shall prevail. AT&T may, from time to time during the term hereof, change or alter said Guides (including replacing a Guide entirely with a successor Guide with a different name). The Parties agree that if the change or alteration was made to AT&T’s OSS interface Guides as a result of the Change Control Process (CCP), results from a revision to a generally accepted and implemented industry standard or guideline (e.g. Ordering Billing Forum (OBF), Telcordia guidelines, etc.), or other legal requirement directly affecting the Guides provided, if such legal requirement would be subject to the change of law provision in these General Terms and Conditions, the change to the Guide would not be applicable until this Agreement is amended to reflect the update to the Guide, or if TWTC NuVox agrees to such change or alteration, any such change or alteration shall become effective as specified in the terms of the notice to TWTC NuVox via the applicable Internet website posting. In all other cases, a change in a Guide which (1) alters, amends or conflicts with any term of this Agreement; (2) changes any charge or rate, or the application of any charge or rate, specified in this Agreement; (3) adds a new rate or rate element not previously specified in the Agreement; (4) causes TWTC NuVox to incur material cost or expense to implement the change or alteration; or (5) increases an interval set forth in this agreement, will not be effective with respect to TWTC until AT&T and TWTC sign an amendment to this Agreement reflecting the changes described in items (1), (2), (3) or (5); or unless TWTC fails to inform AT&T in writing that it does not agree to such change or alteration within forty- five (45) days of notice of such change being given to TWTC for item (4). For purposes of item (4), a cost or expense shall be deemed material if it imposes a financial burden on TWTC, but shall not include costs associated with disseminating notice of the change or providing training regarding the change to employees. In addition, AT&T will use its best efforts, upon TWTC’s request to AT&T’s Web site group at xxxxxxxx@xxx.xxx, to provide such notices via e-mail to the address specified by TWTC. 30.2.2 In the event that the Parties disagree as to whether any alteration or amendment described in this Section is effective as to TWTC pursuant to the requirements of this Section, either Party may, at its option, seek resolution of the dispute in accordance with the Dispute Resolution provisions in the General Terms and Conditions of this Agreement. In cases where there is a dispute with respect to any alteration or amendment described in this Section becoming effective as to TWTC, such alteration or amendment described in this Section shall not become effective as to TWTC until there is mutual agreement between the Parties that it should become effective or an order resulting from the Dispute Resolution process finding in favor of its becoming effective.or

Guides. 30.2.1 45.2.1 The Parties acknowledge that certain provisions of this Agreement reference certain AT&T documents and publications (collectively referred to herein as the "Guides"). All Guides referred to in this Agreement, are incorporated herein and made a part hereof by reference. To the extent that there is a conflict between a provision of a Guide and a provision of this Agreement, the provision of this Agreement shall prevail. AT&T may, from time to time during the term hereof, change or alter said Guides (including replacing a Guide entirely with a successor Guide with a different name). The Parties agree that if the change or alteration was made to AT&T’s OSS interface Guides as a result of the Change Control Process (CCP), results from a revision to a generally accepted and implemented industry standard or guideline (e.g. Ordering Billing Forum (OBF), Telcordia guidelines, etc.), or other legal requirement directly affecting the Guides provided, if such legal requirement would be subject to the change of law provision in these General Terms and Conditions, the change to the Guide would not be applicable until this Agreement is amended to reflect the update to the Guide, or if TWTC NuVox agrees to such change or alteration, any such change or alteration shall become effective as specified in the terms of the notice to TWTC NuVox via the applicable Internet website posting. In all other cases, a change in a Guide which (1) alters, amends or conflicts with any term of this Agreement; (2) changes any charge or rate, or the application of any charge or rate, specified in this Agreement; (3) adds a new rate or rate element not previously specified in the Page 30 of 321 General Terms and Conditions/BELLSOUTH TELECOMMUNICATIONS, INC. Agreement; (4) causes TWTC NuVox to incur material cost or expense to implement the change or alteration; or (5) increases an interval set forth in this agreement, will not be effective with respect to TWTC NuVox until AT&T and TWTC NuVox sign an amendment to this Agreement reflecting the changes described in items (1), (2), (3) or (5); or unless TWTC NuVox fails to inform AT&T in writing that it does not agree to such change or alteration within forty- forty-five (45) calendar days of notice of such change being given to TWTC NuVox for item (4). For purposes of item (4), a cost or expense shall be deemed material if it imposes a financial burden on TWTCNuVox, but shall not include costs associated with disseminating notice of the change or providing training regarding the change to employees. In addition, AT&T will use its best efforts, upon TWTC’s request to AT&T’s Web site group at xxxxxxxx@xxx.xxx, to provide such notices via e-mail for up to the address ten (10) addresses specified by TWTC. 30.2.2 NuVox. NuVox should contact its Senior Contract Account Manager (SrCAM) to establish this capability. In the event that the Parties disagree as to whether any alteration or amendment described in this Section is effective as to TWTC NuVox pursuant to the requirements of this Section, either Party may, at its option, seek resolution of the dispute in accordance with the Dispute Resolution provisions in the General Terms and Conditions of this Agreement. In cases where there is a dispute with respect to any alteration or amendment described in this Section becoming effective as to TWTCNuVox, such alteration or amendment described in this Section shall not become effective as to TWTC NuVox until there is mutual agreement between the Parties that it should become effective or an order resulting from the Dispute Resolution process finding in favor of its becoming effective.

Guides. 30.2.1 45.2.1 The Parties acknowledge that certain provisions of this Agreement reference certain AT&T BellSouth documents and publications (collectively referred to herein as the "Guides"). All Guides referred to in this Agreement, are incorporated herein and made a part hereof by reference. To the extent that there is a conflict between a provision of a Guide and a provision of this Agreement, the provision of this Agreement shall prevail. AT&T XxxxXxxxx may, from time to time during the term hereof, change or alter said Guides (including replacing a Guide entirely with a successor Guide with a different name). The Parties agree that if the change or alteration was made to AT&TBellSouth’s OSS interface Guides as a result of the Change Control Process (CCP), results from a revision to a generally accepted and implemented industry standard or guideline (e.g. Ordering Billing Forum (OBF), Telcordia guidelines, etc.), or other legal requirement directly affecting the Guides provided, if such legal requirement would be subject to the change of law provision in these General Terms and Conditions, the change to the Guide would not be applicable until this Agreement is amended to reflect the update to the Guide, or if TWTC KMC Data agrees to such change or alteration, any such change or alteration shall become effective as specified in the terms of the notice to TWTC KMC Data via the applicable Internet website posting. In all other cases, a change in a Guide which which (1) alters, amends or conflicts with any term of this Agreement; (2) changes any charge or rate, or the application of any charge or rate, specified in this Agreement; (3) adds a new rate or rate element not previously specified in the Agreement; (4) causes TWTC KMC Data to incur material cost or expense to implement the change or alteration; or (5) increases an interval set forth in this agreement, will not be effective with respect to TWTC KMC Data until AT&T BellSouth and TWTC KMC Data sign an amendment to this Agreement reflecting the changes described in items (1), (2), (3) or (5); or unless TWTC fails to inform AT&T in writing that it does not agree to such change or alteration within forty- five (45) days of notice of such change being given to TWTC for item (4). For purposes of item (4), a cost or expense shall be deemed material if it imposes a financial burden on TWTC, but shall not include costs associated with disseminating notice of the change or providing training regarding the change to employees. In addition, AT&T will use its best efforts, upon TWTC’s request to AT&T’s Web site group at xxxxxxxx@xxx.xxx, to provide such notices via e-mail to the address specified by TWTC. 30.2.2 In the event that the Parties disagree as to whether any alteration or amendment described in this Section is effective as to TWTC pursuant to the requirements of this Section, either Party may, at its option, seek resolution of the dispute in accordance with the Dispute Resolution provisions in the General Terms and Conditions of this Agreement. In cases where there is a dispute with respect to any alteration or amendment described in this Section becoming effective as to TWTC, such alteration or amendment described in this Section shall not become effective as to TWTC until there is mutual agreement between the Parties that it should become effective or an order resulting from the Dispute Resolution process finding in favor of its becoming effective.,

Guides. 30.2.1 45.2.1 The Parties acknowledge that certain provisions of this Agreement reference certain AT&T documents and publications (collectively referred to herein as the "Guides"). All Guides referred to in this Agreement, are incorporated herein and made a part hereof by reference. To the extent that there is a conflict between a provision of a Guide and a provision of this Agreement, the provision of this Agreement shall prevail. AT&T may, from time to time during the term hereof, change or alter said Guides (including replacing a Guide entirely with a successor Guide with a different name). The Parties agree that if the change or alteration was made to AT&T’s OSS interface Guides as a result of the Change Control Process (CCP), results from a revision to a generally accepted and implemented industry standard or guideline (e.g. Ordering Billing Forum (OBF), Telcordia guidelines, etc.), or other legal requirement directly affecting the Guides provided, if such legal requirement would be subject to the change of law provision in these General Terms and Conditions, the change to the Guide would not be applicable until this Agreement is amended to reflect the update to the Guide, or if TWTC NuVox agrees to such change or alteration, any such change or alteration shall become effective as specified in the terms of the notice to TWTC NuVox via the applicable Page 3361 of 228849 Internet website posting. In all other cases, a change in a Guide which (1) alters, amends or conflicts with any term of this Agreement; (2) changes any charge or rate, or the application of any charge or rate, specified in this Agreement; (3) adds a new rate or rate element not previously specified in the Agreement; (4) causes TWTC NuVox to incur material cost or expense to implement the change or alteration; or (5) increases an interval set forth in this agreement, will not be effective with respect to TWTC until AT&T and TWTC sign an amendment to this Agreement reflecting the changes described in items (1), (2), (3) or (5); or unless TWTC fails to inform AT&T in writing that it does not agree to such change or alteration within forty- five (45) days of notice of such change being given to TWTC for item (4). For purposes of item (4), a cost or expense shall be deemed material if it imposes a financial burden on TWTC, but shall not include costs associated with disseminating notice of the change or providing training regarding the change to employees. In addition, AT&T will use its best efforts, upon TWTC’s request to AT&T’s Web site group at xxxxxxxx@xxx.xxx, to provide such notices via e-mail to the address specified by TWTC. 30.2.2 In the event that the Parties disagree as to whether any alteration or amendment described in this Section is effective as to TWTC pursuant to the requirements of this Section, either Party may, at its option, seek resolution of the dispute in accordance with the Dispute Resolution provisions in the General Terms and Conditions of this Agreement. In cases where there is a dispute with respect to any alteration or amendment described in this Section becoming effective as to TWTC, such alteration or amendment described in this Section shall not become effective as to TWTC until there is mutual agreement between the Parties that it should become effective or an order resulting from the Dispute Resolution process finding in favor of its becoming effective.or