Common use of InterMTA Traffic Clause in Contracts

InterMTA Traffic. 11.3.1 For the purpose of compensation between Telco and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – Pricing (Wireless). 11.3.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco InterMTA traffic delivered by Carrier to Telco through the Trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve percent (12%) of the Carrier-to- Telco traffic delivered by Carrier to Telco through the Trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party State-specific, Carrier-specific network engineering information, a State-specific, Carrier-specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- Telco traffic delivered by Carrier to Telco that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-to-Telco traffic deemed InterMTA Traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco deemed InterMTA Traffic. Renegotiation of the percentage of Carrier-to- Telco traffic deemed InterMTA Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 Pursuant to the procedure established in Section 11.3.2 hereof regarding the use of State specific network engineering information, State specific InterMTA Traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier has provided Telco during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services are delivered over separate Facilities obtained by Carrier, the degree to which Xxxxxxx has established direct connections with other Telecommunications Carriers for Authorized Service traffic in the State, and the coverage and nature of Carrier’s Authorized Services in the State. Based on such confidential network traffic information and certain other information otherwise known to Telco and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.2, the Parties agree that the revised percentage of Carrier to Telco traffic exchanged hereunder deemed to be InterMTA Traffic shall be five percent (5%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.2.

InterMTA Traffic. 11.3.1 For the purpose of compensation between Telco and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – Pricing (Wireless). 11.3.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco InterMTA traffic delivered by Carrier to Telco through the Trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve percent (12%) of the Carrier-to- Telco traffic delivered by Carrier to Telco through the Trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- to-Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party State-specific, Carrier-Carrier- specific network engineering information, a State-specific, Carrier-specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- to-Telco traffic delivered by Carrier to Telco that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- to-Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-to- Telco traffic deemed InterMTA Traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-Carrier- to-Telco traffic deemed InterMTA Traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco deemed InterMTA Traffic. Renegotiation of the percentage of Carrier-to- to-Telco traffic deemed InterMTA Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 Pursuant to the procedure established in Section 11.3.2 hereof regarding the use of State specific network engineering information, State specific InterMTA Traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier has provided Telco during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services are delivered over separate Facilities obtained by Carrier, the degree to which Xxxxxxx has established direct connections with other Telecommunications Carriers for Authorized Service traffic in the State, and the coverage and nature of CarrierXxxxxxx’s Authorized Services in the State. Based on such confidential network traffic information and certain other information otherwise known to Telco and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.2, the Parties agree that the revised percentage of Carrier to Telco traffic exchanged hereunder deemed to be InterMTA Traffic shall be five percent (5%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.2.

InterMTA Traffic. 11.3.1 6.8.1 For the purpose of compensation between Telco Ameritech and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – Pricing (Wireless).Attachment A. 11.3.2 6.8.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco Ameritech InterMTA traffic delivered by Carrier to Telco Ameritech through the Trunks trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve percent (12%) of the Carrier-to- Telco to-Ameritech traffic delivered by Carrier to Telco Ameritech through the Trunks trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party Statestate-specific, Carrier-Carrier- specific network engineering information, a Statestate-specific, Carrier-specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- Telco to-Ameritech traffic delivered by Carrier to Telco Ameritech that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- Telco to-Ameritech traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco Ameritech traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-Telco to- Ameritech traffic deemed InterMTA Traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-to-Telco Ameritech traffic deemed InterMTA Traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco Ameritech deemed InterMTA Traffic. Renegotiation of the percentage of CarrierCarrier- to-to- Telco Ameritech traffic deemed InterMTA Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 6.8.3 Pursuant to the procedure established in Section 11.3.2 6.8.2 hereof regarding the use of State state specific network engineering information, State state specific InterMTA Traffic traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier has provided Telco Ameritech during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services toll free services are delivered over separate Facilities facilities obtained by Carrier, the degree to which Xxxxxxx Carrier has established direct connections with other Telecommunications Carriers for Authorized Service its CMRS traffic in the Statestate, and the coverage and nature of Carrier’s Authorized Services Telecommunications services in the Statestate. Based on such confidential network traffic information and certain other information otherwise known to Telco Ameritech and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.26.8.2, the Parties agree that the revised percentage of Carrier to Telco Ameritech traffic exchanged hereunder deemed to be InterMTA Traffic shall be five one percent (51%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.26.8.2.

InterMTA Traffic. 11.3.1 6.8.1 For the purpose of compensation between Telco Ameritech and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – Pricing (Wireless).Attachment A.‌ 11.3.2 6.1.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco Ameritech InterMTA traffic delivered by Carrier to Telco Ameritech through the Trunks trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve percent (12%) of the Carrier-to- Telco to-Ameritech traffic delivered by Carrier to Telco Ameritech through the Trunks trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party State-state- specific, Carrier-specific network engineering information, a Statestate-specific, Carrier-Carrier- specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- Telco to-Ameritech traffic delivered by Carrier to Telco Ameritech that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- Telco to-Ameritech traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco Ameritech traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-Telco Ameritech traffic deemed InterMTA Traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-to-Telco Ameritech traffic deemed InterMTA Traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco Ameritech deemed InterMTA Traffic. Renegotiation of the percentage of Carrier-to- Telco to-Ameritech traffic deemed InterMTA Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 6.8.3 Pursuant to the procedure established in Section 11.3.2 6.8.2 hereof regarding the use of State state specific network engineering information, State state specific InterMTA Traffic traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier has provided Telco Ameritech during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services toll free services are delivered over separate Facilities facilities obtained by Carrier, the degree to which Xxxxxxx Carrier has established direct connections with other Telecommunications Carriers for Authorized Service its CMRS traffic in the Statestate, and the coverage and nature of Carrier’s Authorized Services Telecommunications services in the Statestate. Based on such confidential network traffic information and certain other information otherwise known to Telco Ameritech and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.26.8.2, the Parties agree that the revised percentage of Carrier to Telco Ameritech traffic exchanged hereunder deemed to be InterMTA Traffic shall be five one percent (51%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.26.8.2.

InterMTA Traffic. 11.3.1 6.8.1 For the purpose of compensation between Telco Ameritech and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – Pricing (Wireless).Attachment A. 11.3.2 6.8.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco Ameritech InterMTA traffic delivered by Carrier to Telco Ameritech through the Trunks trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve percent (12%) of the Carrier-to- Telco to-Ameritech traffic delivered by Carrier to Telco Ameritech through the Trunks trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party State-state- specific, Carrier-specific network engineering information, a Statestate-specific, Carrier-Carrier- specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- Telco to-Ameritech traffic delivered by Carrier to Telco Ameritech that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- Telco to-Ameritech traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco Ameritech traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-Telco Ameritech traffic deemed InterMTA Traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-to-Telco Ameritech traffic deemed InterMTA Traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco Ameritech deemed InterMTA Traffic. Renegotiation of the percentage of Carrier-to- Telco to-Ameritech traffic deemed InterMTA Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 Pursuant to the procedure established in Section 11.3.2 hereof regarding the use of State specific network engineering information, State specific InterMTA Traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier has provided Telco during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services are delivered over separate Facilities obtained by Carrier, the degree to which Xxxxxxx has established direct connections with other Telecommunications Carriers for Authorized Service traffic in the State, and the coverage and nature of Carrier’s Authorized Services in the State. Based on such confidential network traffic information and certain other information otherwise known to Telco and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.2, the Parties agree that the revised percentage of Carrier to Telco traffic exchanged hereunder deemed to be InterMTA Traffic shall be five percent (5%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.2.6.8.3 Intentionally Left Blank

InterMTA Traffic. 11.3.1 For the purpose of compensation between Telco and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – Pricing (Wireless). 11.3.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco InterMTA traffic delivered by Carrier to Telco through the Trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve percent (12%) of the Carrier-to- Telco traffic delivered by Carrier to Telco through the Trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party State-specific, Carrier-specific network engineering information, a State-specific, Carrier-specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- Telco traffic delivered by Carrier to Telco that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-to-Telco traffic deemed InterMTA Traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco deemed InterMTA Traffic. Renegotiation of the percentage of Carrier-to- Telco traffic deemed InterMTA Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 Pursuant to the procedure established in Section 11.3.2 hereof regarding the use of State specific network engineering information, State specific InterMTA Traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier has provided Telco during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services are delivered over separate Facilities obtained by Carrier, the degree to which Xxxxxxx Carrier has established direct connections with other Telecommunications Carriers for Authorized Service traffic in the State, and the coverage and nature of Carrier’s Authorized Services in the State. Based on such confidential network traffic information and certain other information otherwise known to Telco and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.2, the Parties agree that the revised percentage of Carrier to Telco traffic exchanged hereunder deemed to be InterMTA Traffic shall be five percent (5%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.2.

InterMTA Traffic. 11.3.1 For the purpose of compensation between Telco and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – - Pricing (Wireless). 11.3.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco InterMTA traffic delivered by Carrier to Telco through the Trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve eighteen percent (1218%) of the Carrier-to- to-Telco traffic delivered by Carrier to Telco through the Trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- to-Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party State-specific, Carrier-specific network engineering information, a State-specific, Carrier-specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- to-Telco traffic delivered by Carrier to Telco that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- to-Telco traffic deemed InterMTA Traffictraffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffictraffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-to-Telco traffic deemed InterMTA Traffic traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco deemed InterMTA Traffic. Renegotiation of the percentage of Carrier-to- to-Telco traffic deemed InterMTA Traffic traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 Pursuant to the procedure established in Section 11.3.2 hereof regarding the use of State specific network engineering information, State specific InterMTA Traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier has provided Telco during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services are delivered over separate Facilities obtained by Carrier, the degree to which Xxxxxxx has established direct connections with other Telecommunications Carriers for Authorized Service traffic in the State, and the coverage and nature of Carrier’s Authorized Services in the State. Based on such confidential network traffic information and certain other information otherwise known to Telco and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.2, the Parties agree that the revised percentage of Carrier to Telco traffic exchanged hereunder deemed to be InterMTA Traffic shall be five percent (5%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.2.

InterMTA Traffic. 11.3.1 For the purpose of compensation between Telco and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – Pricing (Wireless). 11.3.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco InterMTA traffic delivered by Carrier to Telco through the Trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve percent (12%) of the Carrier-to- Telco traffic delivered by Carrier to Telco through the Trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- to-Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party State-specific, Carrier-Carrier- specific network engineering information, a State-specific, Carrier-specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- to-Telco traffic delivered by Carrier to Telco that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- to-Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-to- Telco traffic deemed InterMTA Traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-Carrier- to-Telco traffic deemed InterMTA Traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco deemed InterMTA Traffic. Renegotiation of the percentage of Carrier-to- to-Telco traffic deemed InterMTA Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 Pursuant to the procedure established in Section 11.3.2 hereof regarding the use of State specific network engineering information, State specific InterMTA Traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier Xxxxxxx has provided Telco during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services are delivered over separate Facilities obtained by Carrier, the degree to which Xxxxxxx has established direct connections with other Telecommunications Carriers for Authorized Service traffic in the State, and the coverage and nature of Carrier’s Authorized Services in the State. Based on such confidential network traffic information and certain other information otherwise known to Telco and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.2, the Parties agree that the revised percentage of Carrier to Telco traffic exchanged hereunder deemed to be InterMTA Traffic shall be five percent (5%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.2.

InterMTA Traffic. 11.3.1 For the purpose of compensation between Telco and Carrier under this Agreement, InterMTA Traffic is subject to the rates stated in Appendix – Pricing (Wireless). 11.3.2 As of the Effective Date hereof, the Parties cannot accurately measure the amount of Carrier-to-Telco InterMTA traffic delivered by Carrier to Telco through the Trunks provided for herein. Accordingly, for purposes of this Agreement, the Parties agree that twelve percent (12%) of the Carrier-to- Telco traffic delivered by Carrier to Telco through the Trunks provided for herein shall be deemed InterMTA traffic. No amount of Telco-to- to-Carrier traffic shall be deemed InterMTA traffic. Notwithstanding the foregoing, should either Party provide to the other Party State-specific, Carrier-specific network engineering information, a State-specific, Carrier-specific InterMTA Traffic study, and/or other support in complete and appropriate form (determined in good faith) ("InterMTA Traffic Information"), the Parties shall use such InterMTA Traffic Information to negotiate in good faith a mutually acceptable percentage of Carrier-to- to-Telco traffic delivered by Carrier to Telco that is deemed InterMTA traffic. If such InterMTA Traffic Information is provided within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of Carrier-to- to-Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic, which is derived using such InterMTA Traffic Information, shall be effective as of the date such InterMTA Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of Carrier-to-Telco traffic deemed InterMTA Traffic that becomes effective during the Initial Term of this Agreement will remain in effect during the Initial Term hereof. After the expiration of the Initial Term, the percentage of Carrier-to-Telco traffic deemed InterMTA Traffic during the Initial Term shall remain in effect thereafter until either Party provides new InterMTA Traffic Information to the other Party. In such case, the Parties shall use the new InterMTA Traffic Information to renegotiate in good faith a new revised percentage of Carrier-to-Telco deemed InterMTA Traffic. Renegotiation of the percentage of Carrier-to- to-Telco traffic deemed InterMTA Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months. 11.3.3 Pursuant to the procedure established in Section 11.3.2 hereof regarding the use of State specific network engineering information, State specific InterMTA Traffic studies, and/or other support to establish the percentage of traffic exchanged hereunder deemed InterMTA Traffic, Carrier has provided Telco during the negotiation of this Agreement with certain confidential network traffic information relating to Carrier’s network architecture, including, but not limited to, information regarding the degree to which Toll Free Services are delivered over separate Facilities obtained by Carrier, the degree to which Xxxxxxx has established direct connections with other Telecommunications Carriers for Authorized Service traffic in the State, and the coverage and nature of CarrierXxxxxxx’s Authorized Services in the State. Based on such confidential network traffic information and certain other information otherwise known to Telco and notwithstanding the InterMTA Traffic percentage stated in Section 11.3.2, the Parties agree that the revised percentage of Carrier to Telco traffic exchanged hereunder deemed to be InterMTA Traffic shall be five four percent (54%), which percentage shall be effective during the Initial Term and thereafter until modified as provided in Section 11.3.2.