Common use of Maintenance of Loops Clause in Contracts

Maintenance of Loops. If (a) Level 3 reports to BA a Customer trouble, (b) Level 3 requests a dispatch, (c) BA dispatches a technician, and (d) such trouble was not caused by BA’s facilities or equipment, then Level 3 shall pay BA the applicable Tariff rate for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by Level 3 is not available at the appointed time. Level 3 accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on its test results. If, as the result of Level 3 instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on Level 3 an appropriate charge. However, if BA imposes any charge on Xxxxx 0 under this Section 11.10 and the same trouble recurs and the cause in both instances is determined to be in BA’s facilities, then BA shall refund to Level 3 all charges applicable to that trouble that were erroneously levied on and paid by Xxxxx 0 to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA’s Tariffs.

Maintenance of Loops. If (a) Level 3 reports to BA a Customer trouble, (b) Level 3 requests a dispatch, (c) BA dispatches a technician, and (d) such trouble was not caused by BA’s facilities or equipment, then Level 3 shall pay BA the applicable Tariff rate for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by Level 3 is not available at the appointed time. Level 3 accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on its test results. If, as the result of Level 3 instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on Level 3 an appropriate charge. However, if BA imposes any charge on Xxxxx 0 under this Section 11.10 and the same trouble recurs and the cause in both instances is determined to be in BA’s facilities, then BA shall refund to Level 3 all charges applicable to that trouble that were erroneously levied on and paid by Xxxxx 0 to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA’s Tariffs.Tariffs.‌‌‌‌‌‌