Common use of Limitation on Backbilling and Credit Claims Clause in Contracts

Limitation on Backbilling and Credit Claims. 8.5.5.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to back-xxxx for or claim credit for any charges for services provided pursuant to this Agreement that are found to be unbilled, under-billed or over- billed, but only when such charges appeared or should have appeared on a xxxx dated within the twelve (12) months immediately preceding the date on which the Billing Party provided written notice to the Billed Party of the amount of the back- billing or the Billed Party provided written notice to the Billing Party of the claimed credit amount. The Parties agree that the twelve (12) month limitation on back- billing and credit claims set forth in the preceding sentence shall be applied prospectively only after the Effective Date of this Agreement, meaning that the twelve month period for any back-billing or credit claims may only include billing periods that fall entirely after the Effective Date of this Agreement and will not include any portion of any billing period that began prior to the Effective Date of this Agreement.

Appears in 7 contracts

Samples: MFN Agreement, Interconnection Agreement – Nevada, Interconnection Agreement

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Limitation on Backbilling and Credit Claims. 8.5.5.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to back-xxxx bill for or claim credit for any charges for services provided pursuant to this Agreement that are found to be unbilled, under-billed or over- billed, but only when such charges appeared or should have appeared on a xxxx bill dated within the twelve (12) months immediately preceding the date on which the Billing Party provided written notice to the Billed Party of the amount of the back- billing or the Billed Party provided written notice to the Billing Party of the claimed credit amount. The Parties agree that the twelve (12) month limitation on back- billing and credit claims set forth in the preceding sentence shall be applied prospectively only after the Effective Date of this Agreement, meaning that the twelve month period for any back-billing or credit claims may only include billing periods that fall entirely after the Effective Date of this Agreement and will not include any portion of any billing period that began prior to the Effective Date of this Agreement.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, MFN Agreement

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