ISP Traffic Provisions Sample Clauses

ISP Traffic Provisions. 6.4.3.1 The Parties acknowledge that under current network and service arrangements, some ISP Traffic may be switched and transported as if this ISP Traffic is EAS Traffic. The Parties will treat ISP Traffic under the following conditions until such time as a regulatory authority, court, or legislative body addresses the proper treatment of this traffic: the parties shall assume that they are exchanging with one another an equal amount of ISP traffic at an agreed upon termination rate; and the parties will utilize the Local Interconnection facilities to exchange the ISP traffic. The switching and transport of ISP traffic over Local Interconnection facilities by either Party, however, will not be deemed or construed by either party as either agreement or acknowledgment by the Parties that this arrangement is proper or required. In the event that the manner in which ISP Traffic is or may be treated is determined with finality by an appropriate regulatory or legal body, or in the event that any action or decision of an appropriate regulatory or legal body results in a determination that the interim treatment of ISP Traffic pursuant to this Subsection is unlawful or improper, the Parties will negotiate in good faith immediate modification and/or replacement language to this Agreement to effect new terms and conditions consistent with any such lawful action or determination. Any new or modified terms will be effective with the effective date of any such lawful action or determination regarding the treatment of ISP Traffic between the Parties. 6.4.3.2 As a result of the agreement set forth in Section 6.5.3.1 above, neither Party will owe a net due amount to the other Party for terminating ISP traffic including, but not limited to, compensation for switching, transport or termination of ISP traffic. 6.4.3.3 The Parties will cooperate fully in identifying ISP traffic exchanged between the Parties. In the event of a dispute regarding such traffic, Parties agree to that each Party will provide to the other Party a listing of all known ISPs and associated NPA-NXXs to which ISP traffic is switched. 6.4.3.4 If the amount of traffic (excluding intraLATA Toll Traffic) that one Party terminates exceeds three times the amount of traffic that such Party originates as Subject Traffic (“3:1 ratio”), then the amount of traffic that it terminates in excess of such 3:1 ratio shall be presumed to be Internet Traffic and shall not be subject to Reciprocal Compensation.
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