Common use of Implementation of Rate Changes Clause in Contracts

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier a notice of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier such a notice(s) identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

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Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier CBB a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders order(s) are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier CBB in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier CBB such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission Massachusetts Department of Telecommunications and Energy may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 2.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier CBB a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier CBB in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier CBB such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission Massachusetts Department of Telecommunications and Energy may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 3.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier KMC Data a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier KMC Data in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier KMC Data such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Illinois Commerce Commission may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 3.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier Northstar a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier Northstar in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier Northstar such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission Massachusetts Department of Telecommunications and Energy may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 3.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier Global Crossing a notice of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier Global Crossing in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier Global Crossing such a notice(s) identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier Insight Phone a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier Insight Phone in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier Insight Phone such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Illinois Commerce Commission may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 3.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier BullsEye a notice of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier BullsEye in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier BullsEye such a notice(s) identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission Massachusetts Department of Telecommunications & Cable may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

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Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier MMG a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier MMG in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier MMG such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission Massachusetts Department of Telecommunications and Energy may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 3.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier Eschelon a notice or schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders order(s) are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice or schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier Eschelon in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice or schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier Eschelon such a notice(s) or schedule(s) identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that established by the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Oregon Public Utility Commission may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 shall 2.5 shall: 1) be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein), 2) limit, delay, or affect the validity of any rate increases Verizon implemented pursuant to the TRRO prior to execution of this Amendment, or 3) limit Verizoneither Party's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any increases or new charges or any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier Covista a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier Covista in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier Covista such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission Massachusetts Department of Telecommunications and Energy may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 3.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier Covista a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders order(s) are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier Covista in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier Covista such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission Massachusetts Department of Telecommunications and Energy may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 2.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

Implementation of Rate Changes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders orders, once effective, for unbundled network elements, combinations of unbundled network elements, or related services, by issuing to NetCarrier Xxxxxxx.xxx Inc. a notice schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the notice schedule issued by Verizon, but no earlier than the date established by the FCC, and shall be paid by NetCarrier Xxxxxxx.xxx Inc. in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the notice schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided NetCarrier Xxxxxxx.xxx Inc. such a notice(s) schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation of, any rate increases and new charges that the Pennsylvania Public Utility Commission Massachusetts Department of Telecommunications and Energy may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.4.5 3.5 shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC-prescribed rate increases and new charges described herein) or limit Verizon's right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon's rates and charges.

Appears in 1 contract

Samples: Interconnection Agreement

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