Common use of Interim Pricing Clause in Contracts

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 23. Notwithstanding anything in this Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing in the OANAD proceeding. VERIZON asserts that VERIZON's interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, DAML removal, etc.). VERIZON will present these costs and seek recovery for them (including a retroactive true-up) in the OANAD line sharing phase. To the extent that the OANAD line sharing rates for VERIZON (the “OANAD Line Sharing Rates”), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the OANAD Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the OANAD Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which the OANAD Line Sharing Rate order becomes final, binding and non-appealable. Such true-up 3 Collocation is a prerequisite to line sharing. SPRINT must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in VERIZON’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 23. 2.1 Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing in sharing. It is GTE's position that the OANAD proceeding. VERIZON asserts that VERIZON's interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, DAML removalloop conditioning costs, etc.). VERIZON will GTE reserves the right to present these its costs and rates, and seek recovery for them (including a retroactive true-up) in the OANAD line sharing phasepricing proceeding. New Edge Networks does not agree with GTE’s position. It is New Edge Networks’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the OANAD line sharing rates for VERIZON GTE (the “OANAD Line Sharing Rates”), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the OANAD Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the OANAD Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which the OANAD any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up 3 Collocation is a prerequisite to line sharing. SPRINT must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in VERIZON’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 232. Notwithstanding anything in this Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s Commission?s rate proceeding regarding line sharing in sharing. It is GTE's position that the OANAD proceeding. VERIZON asserts that VERIZON's interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, DAML removalloop conditioning costs, etc.). VERIZON will GTE reserves the right to present these its costs and rates, and seek recovery for them (including a retroactive true-up) in the OANAD line sharing phasepricing proceeding. New Edge Networks does not agree with GTE?s position. It is New Edge Networks?s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the OANAD line sharing rates for VERIZON GTE (the “OANAD ?Line Sharing Rates”?), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the OANAD Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the OANAD Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which the OANAD any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up 3 Collocation is a prerequisite to line sharing. SPRINT must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in VERIZON’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 23. 2.1 Notwithstanding anything in this Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing in sharing. It is GTE's position that the OANAD proceeding. VERIZON asserts that VERIZON's interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, DAML removalloop conditioning costs, etc.). VERIZON will GTE reserves the right to present these its costs and rates, and seek recovery for them (including a retroactive true-up) in the OANAD line sharing phasepricing proceeding. NorthPoint does not agree with GTE’s position. It is NorthPoint’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. NorthPoint reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive 1 Collocation is a prerequisite to line sharing. NorthPoint must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. refund for overpayment. To the extent that the OANAD line sharing rates for VERIZON GTE (the “OANAD Line Sharing Rates”), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the OANAD Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the OANAD Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which the OANAD any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up 3 Collocation is a prerequisite to line sharing. SPRINT must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in VERIZON’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 23. 2.2 Notwithstanding anything in this Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing in the OANAD proceedingsharing. VERIZON asserts that It is VERIZON's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, DAML removalloop conditioning costs, etc.). VERIZON will reserves the right to present these its costs and rates, and seek recovery for them (including a retroactive true-up) in the OANAD line sharing phasepricing proceeding. To the extent that the OANAD line sharing rates for VERIZON (the “OANAD Line Sharing Rates”), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the OANAD Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-non- appealable order. Upon the issuance of such an order, the OANAD Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which the OANAD any such Line Sharing Rate order becomes final, binding and non-non- appealable. Such true-up 3 payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said order. The provisions of this Section shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time. 2 Collocation is a prerequisite to line sharing. SPRINT Sprint must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in VERIZONVerizon’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 232. Notwithstanding anything in this Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing in sharing. It is CTC's position that the OANAD proceeding. VERIZON asserts that VERIZON's interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, DAML removalloop conditioning costs, etc.). VERIZON will CTC reserves the right to present these its costs and rates, and seek recovery for them (including a retroactive true-up) in the OANAD line sharing phasepricing proceeding. Community Internet Systems, Inc. does not agree with CTC’s position. It is Community Internet Systems, Inc.’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. Community Internet Systems, Inc. reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the OANAD line sharing rates for VERIZON CTC (the “OANAD Line Sharing Rates”), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the OANAD Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the OANAD Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which the OANAD any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up 3 Collocation is a prerequisite to line sharing. SPRINT must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in VERIZON’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 23. 2.2 Notwithstanding anything in this Agreement to the contrary, these rates and charges are interim pending the outcome of 2 Collocation is a prerequisite to line sharing. DSLnet must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. the Commission’s rate proceeding regarding line sharing in sharing. It is GTE's position that the OANAD proceeding. VERIZON asserts that VERIZON's interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, DAML removalloop conditioning costs, etc.). VERIZON will GTE reserves the right to present these its costs and rates, and seek recovery for them (including a retroactive true-up) in the OANAD line sharing phasepricing proceeding. DSLnet does not agree with GTE’s position. It is DSLnet’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. DSLnet reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the OANAD line sharing rates for VERIZON GTE (the “OANAD Line Sharing Rates”), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the OANAD Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the OANAD Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which the OANAD any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up 3 Collocation is a prerequisite to line sharing. SPRINT must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in VERIZON’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.