Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision). 2.2 Each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 11 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party Party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 Each Subject to the terms set forth in Section 20 regarding rates and charges, each Party hereby incorporates by reference those provisions of its Tariffs tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, tariff shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 7 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 5 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits Sections and Schedules Appendices shall be deemed to be references to Sections of, and Exhibits and Schedules Appendices to, this Agreement unless the context shall otherwise requirerequires. The headings used in this Agreement of the Sections are inserted for the convenience of reference references only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise requirerequires, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is for convenience of reference only and is not intended to such agreement, instrument, statute, regulation, be a part of or governmental to affect the meaning of the rule or Tariff tariff as amended and supplemented from time to time-to-time (and, and in the case of a statute, regulation, governmental rule or Tariff, tariff to any successor provision).
2.2 The Parties acknowledge that some of the services, facilities or arrangements described herein reference the terms of federal or state Tariffs of the Parties. Each Party hereby incorporates by reference those provisions of its Tariffs any Tariff that govern the provision of governs any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained specified in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalAgreement. If any provision contained in this main body of the Agreement and any Schedule or Exhibit Appendix hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the this Agreement shall prevail. The fact If any provisions of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the Parties agree that a condition, right, obligation, or other term appears the provision contained in this Agreement but not in any such Tariff or in such Tariff but not in this including Appendices shall prevail. This Agreement, shall not be interpreted asincluding Appendices, or be deemed grounds for finding, a conflict for purposes of this Section 2supersedes any prior agreements between the Parties.
Appears in 4 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits Sections and Schedules Appendices shall be deemed to be references to Sections of, and Exhibits and Schedules Appendices to, this Agreement unless the context shall otherwise requirerequires. The headings used in this Agreement of the Sections are inserted for the convenience of reference references only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise requirerequires, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is for convenience of reference only and is not intended to such agreement, instrument, statute, regulation, be a part of or governmental to affect the meaning of the rule or Tariff tariff as amended and supplemented from time to time-to-time (and, and in the case of a statute, regulation, governmental rule or Tariff, tariff to any successor provision).
2.2 The Parties acknowledge that some of the services, facilities or arrangements described herein reference the terms of federal or state tariffs of the Parties. Each Party hereby incorporates by reference those provisions of its Tariffs any tariff that govern the provision of governs any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained specified in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalAgreement. If any provision contained in this main body of the Agreement and any Schedule or Exhibit Appendix hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the this Agreement shall prevail. The fact If any provisions of this Agreement and an applicable tariff cannot be reasonably construed or interpreted to avoid conflict, the Parties agree that a condition, right, obligation, or other term appears the provision contained in this Agreement but not in any such Tariff or in such Tariff but not in this including Appendices shall prevail. This Agreement, shall not be interpreted asincluding Appendices, or be deemed grounds for finding, a conflict for purposes of this Section 2supersedes any prior agreements between the Parties.
Appears in 4 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 Each Subject to the terms set forth in Section 20, each Party hereby incorporates by reference those provisions of its Tariffs tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained Parties agree to negotiate in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalgood faith to reconcile and resolve such conflict. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, tariff shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 3 contracts
Samples: Interconnection Agreement (Focal Communications Corp), Interconnection Agreement (Focal Communications Corp), Interconnection Agreement (Focal Communications Corp)
Interpretation and Construction. 2.1 All references Capitalized terms used in this Agreement shall have the respective meanings specified in Part B hereof, or As Defined by the Act.
2.2 The definitions in Part B hereof shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation” throughout this Agreement. The words “shall” and “will” are used interchangeably throughout this Agreement and the use of either connotes a mandatory obligation. The use of one or the other shall not mean a different degree of right or obligation for either Party.
2.3 References herein to Articles, Sections, Exhibits Exhibits, Attachments, Appendices, and Schedules shall be deemed to be references to Articles and Sections of, and Exhibits Exhibits, Attachments, Appendices and Schedules to, this Agreement unless the context shall otherwise require. .
2.4 The headings used in this Agreement of the Articles, Sections, Exhibits, Attachments, Appendices and Schedules are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. .
2.5 Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA BellSouth, e.spire or other any third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each 2.6 Subject to the terms set forth in Attachment 2 regarding rates and charges, and the Resale Discount set forth in Attachment 1, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and chargesHowever, if any provision of this Agreement and an any applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this the main body of the this Agreement and any Schedule Attachment, Schedule, Appendix or Exhibit hereto cannot reasonably be reasonably construed or interpreted to avoid conflict, the provision contained in this the main body of the this Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, finding of a conflict for purposes of this Section 22 or in a tariff and not in this Agreement.
2.7 Technical references that describe the practices, procedures and specifications for certain services (and the applicable interfaces relating thereto) are listed in Attachment 2 and other relevant Attachments hereto to assist the Parties in meeting their respective responsibilities hereunder.
Appears in 3 contracts
Samples: Clec Agreement, Bellsouth® / Clec Agreement, Bellsouth® / Clec Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise requireexpressly stated. The headings used in of the Sections, the title, recitals and introduction of this Agreement Agreement, and the terms are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise requireexpressly stated otherwise, any reference to any agreement, other instrument (including BA Verizon or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is for convenience of reference only and is not intended to be a part of or to affect the meaning of such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each Party Subject to the terms set forth in Exhibit A regarding rates and charges, Verizon hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff cannot reasonably be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific provision shall prevail over the more generalgeneral provision. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot reasonably be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 22.0.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 Each Subject to the terms set forth in Section 20, each Party hereby incorporates by reference those provisions of its Tariffs tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained Parties agree to negotiate in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalgood faith to reconcile and resolve such conflict. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, tariff shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references Capitalized terms used in this Agreement shall have the respective meanings specified in Part B hereof, or As Defined by the Act.
2.2 The definitions in Part B hereof shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation” throughout this Agreement. The words “shall” and “will” are used interchangeably throughout this Agreement and the use of either connotes a mandatory obligation. The use of one or the other shall not mean a different degree of right or obligation for either Party.
2.3 References herein to Articles, Sections, Exhibits Exhibits, Attachments, Appendices, and Schedules shall be deemed to be references to Articles and Sections of, and Exhibits Exhibits, Attachments, Appendices and Schedules to, this Agreement unless the context shall otherwise require. .
2.4 The headings used in this Agreement of the Articles, Sections, Exhibits, Attachments, Appendices and Schedules are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. .
2.5 Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA BellSouth, OnePoint or other any third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each 2.6 Subject to the terms set forth in Attachment 2 regarding rates and charges, and the Resale Discount set forth in Attachment 1, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and chargesHowever, if any provision of this Agreement and an any applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this the main body of the this Agreement and any Schedule Attachment, Schedule, Appendix or Exhibit hereto cannot reasonably be reasonably construed or interpreted to avoid conflict, the provision contained in this the main body of the this Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, finding of a conflict for purposes of this Section 22 or in a tariff and not in this Agreement.
2.7 Technical references that describe the practices, procedures and specifications for certain services (and the applicable interfaces relating thereto) are listed in Attachment 2 and other relevant Attachments hereto to assist the Parties in meeting their respective responsibilities hereunder.
Appears in 3 contracts
Samples: Telecommunications, Bellsouth® / Clec Agreement, Bellsouth® / Clec Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits Exhibits, Appendices, and Schedules shall be deemed to be references to Sections of, and Exhibits Exhibits, Appendices, and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement of the Sections and the terms are inserted for convenience of reference references only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA XXXXXX’x, [LEC] ’s or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is for convenience of reference only and is not intended to such agreement, instrument, statute, regulation, be a part of or governmental to affect the meaning of rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 The Parties acknowledge that some of the services, facilities, or arrangements described herein reference the terms of federal or state Tariffs of the Parties. Each Party hereby incorporates by reference those provisions of its Tariffs any tariff that govern the provision of governs any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained specified in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalAgreement. If any provision contained in this main body of the Agreement and any Schedule or Exhibit Appendix hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the this Agreement shall prevail. The fact If any provision of this Agreement and an applicable tariff cannot be reasonably construed or interpreted to avoid conflict, the Parties agree that a condition, right, obligation, or other term appears the provision contained in this Agreement but not in shall prevail. This agreement supersedes any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2prior agreement between the parties.
Appears in 3 contracts
Samples: Facilities Based Network Interconnection Agreement, Facilities Based Network Interconnection Agreement, Facilities Based Network Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 Each Party hereby incorporates The terms and conditions of any and all attachments, schedules and exhibits hereto as amended from time to time by mutual agreement of the Parties are incorporated herein by reference those and shall constitute part of this Agreement as if fully set forth herein. This Agreement shall be construed and/or interpreted wherever possible to avoid conflict between the provisions hereof and the attachments, schedules or exhibits hereto, provided that if a conflict shall arise with any attachment, schedules or exhibits, the provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunderthis Agreement shall control, unless otherwise designated. Subject to the terms set forth in Section 20 regarding rates and charges20, if to the extent any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Attachments, Exhibits and Schedules shall be deemed to be references to Sections ofSections, and Attachments, Exhibits and Schedules to, to this Agreement unless the context shall otherwise requirerequire or as specifically provided herein. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise requirerequire or as otherwise specifically provided herein, any reference to any technical publication, agreement, other instrument (including BA Verizon or other third party offerings, guides or practices), statute, regulation, governmental rule rule, order or Tariff is to such technical publication, agreement, other instrument, statute, regulation, rule, order or governmental rule or Tariff Tariff, as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 The terms and conditions of any and all Attachments, Schedules and Exhibits hereto, as amended from time to time by mutual agreement of the Parties, are incorporated herein by reference and shall constitute part of this Agreement as if fully set forth herein. This Agreement shall be construed and/or interpreted wherever possible to avoid conflict between the provisions hereof and the Attachments, Schedules or Exhibits hereto. If any provision contained in this main body of the Agreement and any Attachment, Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail.
2.3 Each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if to the extent any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement (including without limitation its Attachments, Exhibits and Schedules) shall prevail. In those instances where the Tariff and the Agreement address the same subject matter and there is no conflict, provided that in all cases the more specific provisions shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 2 contracts
Samples: Interconnection Agreement (Wave2Wave Communications, Inc.), Interconnection Agreement (Wave2Wave Communications, Inc.)
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules Appendices to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA Pac-West, Cox, or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each Subject to the terms set forth in Section 16 regarding rates and charges, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit Appendix hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2. The Parties agree to give notice of all proposed Tariff changes pursuant to Commission rules and orders.
Appears in 2 contracts
Samples: Network Interconnection Agreement (Pac-West Telecomm Inc), Network Interconnection Agreement (Pac-West Telecomm Inc)
Interpretation and Construction. 2.1 All references Capitalized terms used in this Agreement shall have the respective meanings specified in Part B hereof, or As Defined by the Act.
2.2 The definitions in Part B hereof shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation” throughout this Agreement. The words “shall” and “will” are used interchangeably throughout this Agreement and the use of either connotes a mandatory obligation. The use of one or the other shall not mean a different degree of right or obligation for either Party.
2.3 References herein to Articles, Sections, Exhibits Exhibits, Attachments, Appendices, and Schedules shall be deemed to be references to Articles and Sections of, and Exhibits Exhibits, Attachments, Appendices and Schedules to, this Agreement unless the context shall otherwise require. .
2.4 The headings used in this Agreement of the Articles, Sections, Exhibits, Attachments, Appendices and Schedules are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. .
2.5 Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA BellSouth, McLeodUSA or other any third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each 2.6 Subject to the terms set forth in Attachment 2 regarding rates and charges, and the Resale Discount set forth in Attachment 1, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and chargesHowever, if any provision of this Agreement and an any applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this the main body of the this Agreement and any Schedule Attachment, Schedule, Appendix or Exhibit hereto cannot reasonably be reasonably construed or interpreted to avoid conflict, the provision contained in this the main body of the this Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, finding of a conflict for purposes of this Section 22 or in a tariff and not in this Agreement.
2.7 Technical references that describe the practices, procedures and specifications for certain services (and the applicable interfaces relating thereto) are listed in Attachment 2 and other relevant Attachments hereto to assist the Parties in meeting their respective responsibilities hereunder.
Appears in 2 contracts
Interpretation and Construction. 2.1 All references to Sections, Exhibits Exhibits, Appendices, and Schedules shall be deemed to be references to Sections of, and Exhibits Exhibits, Appendices, and Schedules to, this Agreement unless the context shall otherwise requireexpressly stated otherwise. The headings used in this Agreement of the Sections and the terms are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise requireexpressly stated otherwise, any reference to any agreement, other instrument (including BA Tritel’s, Xxxxxxxxxxx’x or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is for convenience of reference only and is not intended to such agreement, instrument, statute, regulation, be a part of or governmental to affect the meaning of rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 The Parties acknowledge that some of the services, facilities, or arrangements described herein reference the terms of federal or state Tariffs of the Parties. Each Party hereby incorporates by reference those provisions of its Tariffs any tariff that govern the provision of applies to any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained specified in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalAgreement. If any provision contained in this main body of the Agreement and any Schedule or Exhibit Appendix hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the this Agreement shall prevail. The fact If any provision of this Agreement and an applicable tariff cannot be reasonably construed or interpreted to avoid conflict, the Parties agree that a condition, right, obligation, or other term appears the provision contained in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2prevail.
Appears in 2 contracts
Samples: Facilities Based Network Interconnection Agreement, Facilities Based Network Interconnection Agreement
Interpretation and Construction. 2.1 (a) All references to Sections, Exhibits Exhibits, Attachments, Appendices and Schedules shall be deemed to be references to Sections of, and Exhibits Exhibits, Attachments, Appendices and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA VERIZON or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, and in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 (b) Each Party hereby incorporates by reference those provisions of its Tariffs applicable Tariffs, as specified herein, that govern the provision of any of the services services, facilities or facilities arrangements provided hereunder. Subject to the terms set forth in Section 20 24.11 regarding rates and charges, if any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule Part, Schedule, Exhibit, Appendix or Exhibit Attachment hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 21.0.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references Capitalized terms used in this Agreement shall have the respective meanings specified in Part B hereof, or As Defined by the Act.
2.2 The definitions in Part B hereof shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation” throughout this Agreement. The words “shall” and “will” are used interchangeably throughout this Agreement and the use of either connotes a mandatory obligation. The use of one or the other shall not mean a different degree of right or obligation for either Party.
2.3 References herein to Articles, Sections, Exhibits Exhibits, Attachments, Appendices, and Schedules shall be deemed to be references to Articles and Sections of, and Exhibits Exhibits, Attachments, Appendices and Schedules to, this Agreement unless the context shall otherwise require. .
2.4 The headings used in this Agreement of the Articles, Sections, Exhibits, Attachments, Appendices and Schedules are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. .
2.5 Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA BellSouth, Xspedius or other any third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each 2.6 Subject to the terms set forth in Attachment 2 regarding rates and charges, and the Resale Discount set forth in Attachment 1, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and chargesHowever, if any provision of this Agreement and an any applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this the main body of the this Agreement and any Schedule Attachment, Schedule, Appendix or Exhibit hereto cannot reasonably be reasonably construed or interpreted to avoid conflict, the provision contained in this the main body of the this Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, finding of a conflict for purposes of this Section 22 or in a tariff and not in this Agreement.
2.7 Technical references that describe the practices, procedures and specifications for certain services (and the applicable interfaces relating thereto) are listed in Attachment 2 and other relevant Attachments hereto to assist the Parties in meeting their respective responsibilities hereunder.
Appears in 2 contracts
Samples: Clec Agreement, Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party Party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and NCI - XXXX ATLANTIC Interconnection Agreement supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 Each Subject to the terms set forth in Section 20 regarding rates and charges, each Party hereby incorporates by reference those provisions of its Tariffs tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, tariff shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 1 contract
Samples: Interconnection Agreement (Focal Communications Corp)
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA Verizon or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each Party hereby incorporates by reference those This Agreement governs the provisions of its Tariffs that govern the provision of any of the all services or facilities provided hereunderhereunder unless the Parties have specifically referenced an applicable provision of their Tariff in this Agreement, in which case the referenced Tariff provision applies. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2. Except as provided in Section 20, terms and conditions of Department approved Tariffs shall supersede corresponding terms and conditions of this Agreement only upon the explicit direction of the Department. Verizon shall provide AT&T Broadband with notice of proposed Tariff changes as required by the Department.
Appears in 1 contract
Samples: Interconnection Agreement (Wave2Wave Communications, Inc.)
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is to such agreement, instrument, statutestatue, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 Each Subject to the terms set forth in Section 20, each Party hereby incorporates by reference those provisions of its Tariffs tariff that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained Parties agree to negotiate in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalgood faith to reconcile and resolve such conflict. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably reasonable construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, tariff shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 1 contract
Samples: Interconnection Agreement (Focal Communications Corp)
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.2.
Appears in 1 contract
Samples: Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statutestatue, regulation, governmental rule or Tariff tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 Each Subject to the terms set forth in Section 20, each Party hereby incorporates by reference those provisions of its Tariffs tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained Parties agree to negotiate in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalgood faith to reconcile and resolve such conflict. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, tariff shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 1 contract
Samples: Interconnection Agreement (Focal Communications Corp)
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the - Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
2.3 This Agreement is intended as a successor to the Interconnection Agreement between the same Parties for New Hampshire. Any provision of this Agreement that requires or permits a Party to take certain actions (such as submitting service orders, installing facilities, or providing information) shall not be interpreted as requiring either Party to repeat actions that were already taken under the previous agreement, unless the requirements of this Agreement are inconsistent with the arrangements previously in place between the Parties; provided, however, that for the avoidance of any doubt, the foregoing shall not apply to (a) any new services, facilities, or Network Elements for which Xxxxx 0 submits an order, request, or application after the Effective Date, (b) nor to any pending (but not yet provisioned) services, facilities, or Network Elements for which Xxxxx 0 submits an order, request, or application after the Effective Date of this Agreement to modify or add to the pending (i.e., submitted by Xxxxx 0 prior to the Effective Date of this Agreement, but not yet fulfilled) order, request, or application, (c) nor to any existing services, facilities, or Network Elements for which Xxxxx 0 submits an order, request, or application after the Effective Date of this Agreement to modify the same. Rather, in the case of subsections (a), (b), and (c) directly above, any orders, requests, applications submitted by Xxxxx 0 after the Effective Date of this Agreement shall be governed by the rates, terms, and conditions of this Agreement. Whenever possible, services provided under the previous agreement shall be continued without interruption under the rates, terms, and conditions of this Agreement. Nothing in this Agreement is intended to extinguish any obligation of either Party to pay for services provided under the previous agreement but not yet billed or paid for, or any other obligation arising under the previous agreement that, by the teiuis of that agreement or by the nature of the obligation, survives the termination of that agreement.
Appears in 1 contract
Samples: Interconnection Agreement (Wave2Wave Communications, Inc.)
Interpretation and Construction. 2.1 All references Capitalized terms used in this Agreement shall have the respective meanings specified in Part B hereof, or As Defined by the Act.
2.2 The definitions in Part B hereof shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation” throughout this Agreement. The words “shall” and “will” are used interchangeably throughout this Agreement and the use of either connotes a mandatory obligation. The use of one or the other shall not mean a different degree of right or obligation for either Party.
2.3 References herein to Articles, Sections, Exhibits Exhibits, Attachments, Appendices, and Schedules shall be deemed to be references to Articles and Sections of, and Exhibits Exhibits, Attachments, Appendices and Schedules to, this Agreement unless the context shall otherwise require. .
2.4 The headings used in this Agreement of the Articles, Sections, Exhibits, Attachments, Appendices and Schedules are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. .
2.5 Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA BellSouth, Premiere or other any third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each 2.6 Subject to the terms set forth in Attachment 2 regarding rates and charges, and the Resale Discount set forth in Attachment 1, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and chargesHowever, if any provision of this Agreement and an any applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this the main body of the this Agreement and any Schedule Attachment, Schedule, Appendix or Exhibit hereto cannot reasonably be reasonably construed or interpreted to avoid conflict, the provision contained in this the main body of the this Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, finding of a conflict for purposes of this Section 22 or in a tariff and not in this Agreement.
2.7 Technical references that describe the practices, procedures and specifications for certain services (and the applicable interfaces relating thereto) are listed in Attachment 2 and other relevant Attachments hereto to assist the Parties in meeting their respective responsibilities hereunder.
Appears in 1 contract
Samples: Telecommunications
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tarifftariff, to any successor provision).
2.2 Each Subject to the terms set forth in Section 14, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if If any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained Parties agree to negotiate in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more generalgood faith to reconcile and resolve such conflict. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.
Appears in 1 contract
Samples: Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific provision shall prevail over the more generalgeneral provision. If any provision contained in this main body of the Agreement and any provision contained in any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.2.
Appears in 1 contract
Samples: Interconnection Agreement
Interpretation and Construction. 2.1 All references to Sections, Exhibits and Schedules shall be deemed to be references to Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA or other third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and charges, if any provision of this Agreement and an applicable Tariff tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this main body of the Agreement and any Schedule or Exhibit hereto cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this main body of the Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, a conflict for purposes of this Section 2.2.
Appears in 1 contract
Samples: Interconnection Agreement
Interpretation and Construction. 2.1 All references Capitalized terms used in this Agreement shall have the respective meanings specified in Part B hereof, or As Defined by the Act.
2.2 The definitions in Part B hereof shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation” throughout this Agreement. The words “shall” and “will” are used interchangeably throughout this Agreement and the use of either connotes a mandatory obligation. The use of one or the other shall not mean a different degree of right or obligation for either Party.
2.3 References herein to Articles, Sections, Exhibits Exhibits, Attachments, Appendices, and Schedules shall be deemed to be references to Articles and Sections of, and Exhibits Exhibits, Attachments, Appendices and Schedules to, this Agreement unless the context shall otherwise require. .
2.4 The headings used in this Agreement of the Articles, Sections, Exhibits, Attachments, Appendices and Schedules are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. .
2.5 Unless the context shall otherwise require, any reference to any agreement, other instrument (including BA BellSouth, Verizon Avenue or other any third party offerings, guides or practices), statute, regulation, governmental rule or Tariff is to such agreement, instrument, statute, regulation, or governmental rule or Tariff tariff as amended and supplemented from time to time (and, in the case of a statute, regulation, governmental rule or Tariff, to any successor provision).
2.2 Each 2.6 Subject to the terms set forth in Attachment 2 regarding rates and charges, and the Resale Discount set forth in Attachment 1, each Party hereby incorporates by reference those provisions of its Tariffs that govern the provision of any of the services or facilities provided hereunder. Subject to the terms set forth in Section 20 regarding rates and chargesHowever, if any provision of this Agreement and an any applicable Tariff cannot be reasonably construed or interpreted to avoid conflict, the provision contained in this Agreement shall prevail, provided that in all cases the more specific shall prevail over the more general. If any provision contained in this the main body of the this Agreement and any Schedule Attachment, Schedule, Appendix or Exhibit hereto cannot reasonably be reasonably construed or interpreted to avoid conflict, the provision contained in this the main body of the this Agreement shall prevail. The fact that a condition, right, obligation, or other term appears in this Agreement but not in any such Tariff or in such Tariff but not in this Agreement, shall not be interpreted as, or be deemed grounds for finding, finding of a conflict for purposes of this Section 22 or in a tariff and not in this Agreement.
2.7 Technical references that describe the practices, procedures and specifications for certain services (and the applicable interfaces relating thereto) are listed in Attachment 2 and other relevant Attachments hereto to assist the Parties in meeting their respective responsibilities hereunder.
Appears in 1 contract
Samples: Interconnection Agreement