Incorporated Rates Clause Samples

Incorporated Rates. The Parties acknowledge that certain rates herein are incorporated from the arbitrated agreements in U-99-141/142/143. Accordingly, the Parties expressly agree that, upon the date the Commission makes the prices in Docket U-99-141/142/143 effective, those prices shall be automatically incorporated here and effective and available to AFS. The Parties further agree that if the prices established in U-99-141/142/143 are subsequently modified, through the course of any appeal or challenge, or by subsequent action of the RCA or FCC, that the prices incorporated from that docket into this Agreement at Part C – Attachment 1 Section 1 shall also automatically be modified accordingly at the same time. The Parties also acknowledge and agree that, by incorporating prices from U-99- 141/142/143 into this agreement, ACS does not waive, and retains, its rights to appeal or otherwise challenge all issues in that proceeding, specifically including, but not limited to, prices and any and all issues related to such prices.2 ACS enters into this Agreement pursuant to the order of the RCA dated October 11, 1999 terminating ACS' rural exemption. ACS does not waive, and retains, its rights to appeal or otherwise challenge the termination of the rural telephone company’s exemption, and any and all issues related thereto.