Common use of Interim Universal Service Support Charge Clause in Contracts

Interim Universal Service Support Charge. GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that is implicit in GTE’s current retail services prices; and to respect the careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer the port and loop UNEs at the rates set forth below in Appendix D without the interim surcharge, but subject to the following terms and conditions: 2.2.2.1 NEWSOUTH agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEWSOUTH will (i) begin paying the monthly interim surcharge in accord with Appendix D, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this Agreement. 2.2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring NEWSOUTH to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge. GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that is implicit in GTE’s current retail services prices; and to respect the careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer the port and loop UNEs at the rates set forth below in Appendix D without the interim surcharge, but subject to the following terms and conditions: 2.2.2.1 NEWSOUTH DSL agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEWSOUTH DSL will (i) begin paying the monthly interim surcharge in accord with Appendix DF, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this Agreement. 2.2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring NEWSOUTH DSL to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge. GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that is implicit in GTE’s current retail services prices; and to respect the careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer the port and loop UNEs at the rates set forth below in Appendix D without the interim surcharge, but subject to the following terms and conditions: 2.2.2.1 NEWSOUTH : Mpower agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEWSOUTH Mpower will (i) begin paying the monthly interim surcharge in accord accordance with Appendix Dthe Commission or court order, and (ii) make including a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this Agreement. 2.2.2.2 , if so ordered. Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring NEWSOUTH Mpower to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.2.3 . Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge. GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that is implicit in GTE’s current retail services prices; and to respect the careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer the port and loop UNEs at the rates set forth below in Appendix D without the interim surcharge, but subject to the following terms and conditions: 2.2.2.1 NEWSOUTH MFN agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEWSOUTH MFN will (i) begin paying the monthly interim surcharge in accord with Appendix D, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this Agreement. 2.2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring NEWSOUTH MFN to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge. GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that is implicit in GTE’s current retail services prices; and to respect the careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer the port and loop UNEs at the rates set forth below in Appendix D without the interim surcharge, but subject to the following terms and conditions: 2.2.2.1 NEWSOUTH NorthPoint agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEWSOUTH NorthPoint will (i) begin paying the monthly interim surcharge in accord with Appendix D, and (ii) to the extent required by the terms of a Commission or court order relating to the interim surcharge, NorthPoint will make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this Agreement. 2.2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring NEWSOUTH NorthPoint to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge. GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that is implicit in GTE’s current retail services prices; and to respect the careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer the port and loop UNEs at the rates set forth below in Appendix D without the interim surcharge, but subject to the following terms and conditions: 2.2.2.1 NEWSOUTH NT agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEWSOUTH NT will (i) begin paying the monthly interim surcharge in accord with Appendix DF, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this Agreement. 2.2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring NEWSOUTH NT to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge. GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that is implicit in GTE’s current retail services prices; and to respect the careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer the port and loop UNEs at the rates set forth below in Appendix D without the interim surcharge, but subject to the following terms and conditions: 2.2.2.1 NEWSOUTH TOUCHTONE agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEWSOUTH TOUCHTONE will (i) begin paying the monthly interim surcharge in accord with Appendix D, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this Agreement. 2.2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring NEWSOUTH TOUCHTONE to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.

Interim Universal Service Support Charge. GTE assesses a separate interim universal service fund surcharge for loops and ports to provide continued universal service support that is implicit in GTE’s current retail services prices; and to respect the careful distinctions Congress has drawn between access to UNEs, on the one hand, and the purchase at wholesale rates of GTE services on the other. This surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer the port and loop UNEs at the rates set forth below in Appendix D without the interim surcharge, but subject to the following terms and conditions: 2.2.2.1 NEWSOUTH NAS agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, NEWSOUTH NAS will (i) begin paying the monthly interim surcharge in accord with Appendix D, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this Agreement. 2.2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring NEWSOUTH NAS to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.