NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges. 14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Commission as required by applicable law. 14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges: 14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and 14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and 14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13. 14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.2, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within ten
Appears in 8 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA ARKANSAS will also provide any written notification to the Oklahoma Corporation Arkansas Public Service Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Calendar Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.2.3 pay all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account that complies with the requirements set forth in Section 9; and
14.2.4 if the nonpaying party is required to deposit Disputed Amounts into an interest bearing escrow account, it must provide written evidence that it has established an interest bearing escrow account that complies with all the terms set forth in Section 9 and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account. Until evidence that the full amount of the Disputed Charges [other than disputed charges arising from Appendix Reciprocal Compensation] has been deposited into an escrow account that complies with Section 9 is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA ARKANSAS may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenten (10) calendar days of any of the obligations enumerated in Section 14.2. On the day that AT&T ARKANSAS provides such written demand to CLEC, AT&T ARKANSAS may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, AT&T ARKANSAS’ exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To AT&T ARKANSAS: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Director Telco Cost Xspedius Communications, LLC 0000 Xxxxxxxxx Xxxx., Xxxxx 000 X’Xxxxxx, Missouri 63368 With a copy to: Xxxxx X. Xxxxxx Xx. VP Regulatory Affairs Expedius Communications, LLC 00000 Xxxxxx Xxxxx, Xxxxx 000 Laurel, MD 00000-0000 Phone: (000) 000-0000 Fax: (000) 000-0000 Email: Xxx.Xxxxxx@Xxxxxxxx.xxx Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Xxxx Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen ten (1510) Calendar Business Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA 1.1 SBC MISSOURI will also provide any written notification to the Oklahoma Corporation Missouri Public Service Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 13.4.1 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenfive (5) Business Days of any of the obligations enumerated in Section 14.2.1. On the day that SBC MISSOURI provides such written demand to CLEC, SBC MISSOURI may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, SBC MISSOURI’s exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Xxxx Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure. *14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section 14, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To SBC: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, Xxxxxxxxx 00000 To CLEC: Xxxxx Xxxxxxx Director – Revenue and Cost Assurance NuVox Communications of Missouri, Inc. Xxx Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, XX 00000 Phone: 000-000-0000 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received. *14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by SBC MISSOURI to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Georgia Public Service Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.2, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenten (10) Calendar Days of any of the obligations enumerated in Section 14.2.1. On the day that AT&T provides such written demand to CLEC, AT&T may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, AT&T's exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To AT&T: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Xxxx Xxxxx Director, Regulatory Affairs 0000 Xxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxx Xxxx, XX 00000 With Copy to: Xxxx Xxxxxx Director, Regulatory Affairs Xxx Communications 0000 Xxxx Xxxxx Xxxxx Atlanta, GA 30319 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by AT&T to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.8.2 disconnect any Resale Services, Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.8.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by AT&T will comply with Georgia Public Service Commission rules.
14.9 Within five (5) calendar days following any such disconnection, AT&T will notify each Resale end user that because of CLEC’s failure to pay AT&T, the end user’s local service will continue for an additional thirty (30) calendar days and that the end user has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.10 If any Resale end user fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, AT&T may terminate the Resale end user’s service.
14.11 AT&T will notify the Commission of the names of all Resale end users whose local service was terminated pursuant to Section 14.10.
14.12 CLEC shall be responsible for all charges for any service furnished by AT&T to any end user pursuant to Section 14.9 hereof.
14.13 Nothing in this Agreement shall be interpreted to obligate AT&T to continue to provide local service to any Resale end user beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights AT&T has with regard to such Resale end users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen ten (1510) Calendar Business Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA 1.1 SBC MISSOURI will also provide any written notification to the Oklahoma Corporation Missouri Public Service Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 13.4.1 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenfive (5) Business Days of any of the obligations enumerated in Section 14.2.1. On the day that SBC
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 12.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements and Collocation under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party AT&T will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements and Collocation furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party AT&T within fifteen ten (1510) Calendar Business Days following receipt of the Billing Party's ’s notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Commission as required by applicable law.
14.2 12.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's AT&T’ notice of Unpaid Charges:
14.2.1 12.2.1 notify the Billing Party AT&T in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement), together with the reasons for its dispute; and
14.2.2 12.2.2 pay all undisputed Unpaid Charges to the Billing PartyAT&T; and
14.3 12.2.3 pay all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account, and
12.2.4 if the Non-paying Party is required to deposit Disputed Amounts into an interest bearing escrow account, it must provide written evidence that it has established an interest bearing escrow account and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account. Until evidence that the full amount of the Disputed Charges [other than disputed charges arising from Appendix Reciprocal Compensation] has been deposited into an escrow account is furnished to AT&T, such Unpaid Charges will not be deemed to be “disputed” under Section 11.
12.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 1311.
14.4 12.4 After expiration of the written notice furnished pursuant to Section 14.1 12.1 hereof, if CLEC Non-paying Party continues to fail to comply with Section 14.2.1 Sections 12.2.1 through 14.2.212.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA mayshall, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC Non-paying Party for payment within tenten (10) calendar days of any of the obligations enumerated in Section 12.1. On the day that AT&T provides such written demand to the Non-paying Party, AT&T may also exercise any or all of the following options:
12.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
12.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products or services under this Agreement.
12.5 Notwithstanding anything to the contrary in this Agreement, AT&T’s exercise of any of its options under Sections 12.4, 12.4.1 and 12.4.2:
12.5.1 will not delay or relieve the Non-paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
12.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
12.6 A copy of the demand provided to the Non-paying Party under Section 12.4 will be provided to the Commission.
12.7 If the Non-Paying Party fails to pay AT&T on or before the date specified in the demand letter provided under Section 12.4 of this Agreement, AT&T may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by AT&T to the Non-Paying Party for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
12.7.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
12.7.2 disconnect any Resale Services, Network Elements and/or Collocation furnished under this Agreement. Disconnection of services shall occur for all services provided from AT&T for the Non- Paying Party’s Billed Account Number (BAN).
12.8 Within five (5) calendar days following any such disconnection, AT&T will notify each Resale End User that because of Non-Paying Party’s failure to pay AT&T, the End User’s local service will continue for an additional thirty (30) calendar days and that the End User has thirty (30) calendar days from the disconnection date to select a new Local Service Provider. AT&T will notify the Commission of the names of all Resale End Users who received a notice under Section 12.8.
12.9 If any Resale End User fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, AT&T may terminate the Resale End User’s service.
12.10 AT&T will notify the Commission of the names of all Resale End Users whose local service was terminated pursuant to Section 12.9.
12.11 Non-Paying Party shall be responsible for all charges for any service furnished by AT&T to any End User pursuant to Section 12.8 hereof.
12.12 Nothing in this Agreement shall be interpreted to obligate AT&T to continue to provide local service to any Resale End User beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights AT&T has with regard to such Resale End Users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION.
14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Public Utilities Commission of Ohio as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.2, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenten (10) Calendar Days of any of the obligations enumerated in Section 14.2.1. On the day that AT&T provides such written demand to CLEC, AT&T may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, AT&T's exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To AT&T: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Xxxxxx Xxxxxx Senior Director, Regulatory Affairs Xxx Ohio Telcom, L.L.C. 0 XX Xxxxxx Highway West Warwick, RI 02893 With Copy to: Xxxx Xxxxxx Director, Regulatory Affairs Xxx Communications 0000 Xxxx Xxxxx Xxxxx Atlanta, GA 30319 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by AT&T to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.8.2 disconnect any Resale Services, Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.8.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by AT&T will comply with Public Utilities Commission of Ohio rules.
14.9 Within five (5) calendar days following any such disconnection, AT&T will notify each Resale end user that because of CLEC’s failure to pay AT&T, the end user’s local service will continue for an additional thirty (30) calendar days and that the end user has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.10 If any Resale end user fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, AT&T may terminate the Resale end user’s service.
14.11 AT&T will notify the Commission of the names of all Resale end users whose local service was terminated pursuant to Section 14.10.
14.12 CLEC shall be responsible for all charges for any service furnished by AT&T to any end user pursuant to Section 14.9 hereof.
14.13 Nothing in this Agreement shall be interpreted to obligate AT&T to continue to provide local service to any Resale end user beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights AT&T has with regard to such Resale end users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure of CLEC to pay all or any portion of any amount required to be paid undisputed charges may be grounds for disconnection termination of Resale Services, Unbundled Network Elements under this Agreement. If a Party CLEC fails to pay any such charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party when due SBC KANSAS will notify the Non-Paying Party CLEC in writing that in order to avoid disruption or disconnection of the Resale Serviceshaving service disconnected, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party CLEC must remit all Unpaid Charges unpaid undisputed charges to the Billing Party SBC KANSAS within fifteen (15) Calendar Days following calendar days after receipt of said notice. Disputes hereunder will be resolved in accordance with the Billing Party's notice Dispute Resolution Procedures set out in Section 13 of Unpaid Chargesthis Agreement.
14.1.1 AT&T OKLAHOMA SBC KANSAS will also provide any written notification to the Oklahoma Kansas Corporation Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 13.4.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.2.3 Intentionally Left Blank
14.2.4 Intentionally Left Blank
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA SBC KANSAS may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenfifteen (15) Calendar Days of any of the obligations enumerated in Section 14.2.1. On the day that SBC KANSAS provides such written demand to CLEC, SBC KANSAS may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, SBC KANSAS’ exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section 14.7, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To SBC KANSAS: SBC KANSAS CONTACT – Billing Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Xxxx Xxxxx, Director-Regulatory Affairs 0000 Xxxxxxxxx Xxxx., Xxxxx 000 Xxxxxxxx Xxxx, XX 00000 Phone: 000-000-0000 Fax: 000-000-0000 With a Copy to: Xxxxxxx X. Xxxxxx, Director-Regulatory Affairs 0000 Xxxx Xxxxx Xxxxx, N.E. Atlanta, GA 30319 Phone: 000-000-0000 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by SBC KANSAS to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.8.2 disconnect any Resale Services, Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.8.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by SBC KANSAS will comply with Kansas Corporation Commission rules.
14.9 Within five (5) calendar days following any such disconnection, SBC KANSAS will notify each Resale end user that because of CLEC’s failure to pay SBC KANSAS, the end user’s local service will continue for an additional thirty (30) calendar days and that the end user has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.10 If any Resale end user fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, SBC KANSAS may terminate the Resale end user’s service.
14.11 SBC KANSAS will notify the Commission of the names of all Resale end users whose local service was terminated pursuant to Section 14.10.
14.12 CLEC shall be responsible for all charges for any service furnished by SBC KANSAS to any end user pursuant to Section 14.9 hereof.
14.13 Nothing in this Agreement shall be interpreted to obligate SBC KANSAS to continue to provide local service to any Resale end user beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights SBC KANSAS has with regard to such Resale end users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION.
14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Missouri Public Service Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.2, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenten (10) Calendar Days of any of the obligations enumerated in Section 14.2.1. On the day that AT&T provides such written demand to CLEC, AT&T may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, AT&T's exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To AT&T: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Xxxxxxx XxXxxxxxx General Counsel 0000 Xxxxxxxxx Xxxx Xxxxx Xxxxx Xxxxxx Xxxx, XX 00000 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by AT&T to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.8.2 disconnect any Resale Services, Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.8.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by AT&T will comply with Missouri Public Service Commission rules.
14.9 Within five (5) calendar days following any such disconnection, AT&T will notify each Resale end user that because of CLEC’s failure to pay AT&T, the end user’s local service will continue for an additional thirty (30) calendar days and that the end user has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.10 If any Resale end user fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, AT&T may terminate the Resale end user’s service.
14.11 AT&T will notify the Commission of the names of all Resale end users whose local service was terminated pursuant to Section 14.10.
14.12 CLEC shall be responsible for all charges for any service furnished by AT&T to any end user pursuant to Section 14.9 hereof.
14.13 Nothing in this Agreement shall be interpreted to obligate AT&T to continue to provide local service to any Resale end user beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights AT&T has with regard to such Resale end users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 10.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements and Collocation under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party AT&T will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements and Collocation furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party AT&T within fifteen (15) Calendar Days following receipt of the Billing Party's ’s notice of Unpaid Charges.
14.1.1 10.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Commission as required by applicable law.
14.2 10.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's AT&T’s notice of Unpaid Charges:
14.2.1 10.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 8.5.1 of this Agreement, together with the reasons for its dispute; and
14.2.2 10.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 10.2.3 pay all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account that complies with the requirements set forth in Section 8.5, and
10.2.4 the Non-paying Party is required to deposit Disputed Amounts into an interest bearing escrow account, it must provide written evidence that it has established an interest bearing escrow account that complies with all the terms set forth in Section 8.5 and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account. Until evidence that the full amount of the Disputed Charges [other than disputed charges arising from Appendix Reciprocal Compensation] has been deposited into an escrow account that complies with Section 8.5 is furnished to AT&T, such Unpaid Charges will not be deemed to be “disputed” under Section 10.
10.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 139.
14.4 10.4 After expiration of the written notice furnished pursuant to Section 14.1 10.1 hereof, if CLEC Non-paying Party continues to fail to comply with Section 14.2.1 10.2.1 through 14.2.210.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA mayshall, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC Non-paying Party for payment within tenten (10) calendar days of any of the obligations enumerated in Section 10.1. On the day that AT&T provides such written demand to the Non- paying Party, AT&T may also exercise any or all of the following options:
10.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
10.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products or services under this Agreement.
10.5 Notwithstanding anything to the contrary in this Agreement, AT&T’s exercise of any of its options under Section 10.5, 10.5.1 and 10.5.2:
10.5.1 will not delay or relieve the Non-paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
10.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
10.6 A copy of the demand provided to the Non-paying Party under Section 10.5 will be provided to the Commission.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Illinois Commerce Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.2, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenten (10) Calendar Days of any of the obligations enumerated in Section 14.2.1. On the day that AT&T provides such written demand to CLEC, AT&T may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, AT&T 's exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To AT&T: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Xxxxxxx XxXxxxxxx General Counsel 0000 Xxxxxxxxx Xxxx Xxxxx Xxxxx Xxxxxx Xxxx, XX 00000 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by AT&T to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.8.2 disconnect any Resale Services, Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.8.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by AT&T will comply with Illinois Commerce Commission rules.
14.9 Within five (5) calendar days following any such disconnection, AT&T will notify each Resale end user that because of CLEC’s failure to pay AT&T, the end user’s local service will continue for an additional thirty (30) calendar days and that the end user has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.10 If any Resale end user fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, AT&T may terminate the Resale end user’s service.
14.11 AT&T will notify the Commission of the names of all Resale end users whose local service was terminated pursuant to Section 14.10.
14.12 CLEC shall be responsible for all charges for any service furnished by AT&T to any end user pursuant to Section 14.9 hereof.
14.13 Nothing in this Agreement shall be interpreted to obligate AT&T to continue to provide local service to any Resale end user beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights AT&T has with regard to such Resale end users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen ten (1510) Calendar Business Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA 1.1 SBC MISSOURI will also provide any written notification to the Oklahoma Corporation Missouri Public Service Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 13.4.1 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenfive (5) Business Days of any of the obligations enumerated in Section 14.2.1. On the day that SBC MISSOURI provides such written demand to CLEC, SBC MISSOURI may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, SBC MISSOURI’s exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure. *14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section 14, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To SBC : Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, Xxxxxxxxx 00000 To CLEC: Xxxx Xxxxxxx Xxxxx Vice President of Regulatory Affairs Birch Telecom of Missouri, Inc. 0000 Xxxx Xxxxxx Suite 600 Kansas City, MO 64108 Phone: 000-000-0000 Fax: 000-000-0000 Email: xxxxxxxx@xxxxx.xxx Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received. *14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by SBC MISSOURI to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.2, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenten (10) Calendar Days of any of the obligations enumerated in Section
14.2.1. On the day that AT&T OKLAHOMA provides such written demand to CLEC, AT&T OKLAHOMA may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, AT&T OKLAHOMA's exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To AT&T OKLAHOMA: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Xxxxxxx XxXxxxxxx General Counsel 0000 Xxxxxxxxx Xxxx Xxxxx Xxxxx Xxxxxx Xxxx, XX 00000 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by AT&T OKLAHOMA to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.8.2 disconnect any Resale Services, Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.8.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by AT&T OKLAHOMA will comply with Oklahoma Corporation Commission rules.
14.9 Within five (5) calendar days following any such disconnection, AT&T OKLAHOMA will notify each Resale end user that because of CLEC’s failure to pay AT&T OKLAHOMA, the end user’s local service will continue for an additional thirty (30) calendar days and that the end user has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.10 If any Resale end user fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, AT&T OKLAHOMA may terminate the Resale end user’s service.
14.11 AT&T OKLAHOMA will notify the Commission of the names of all Resale end users whose local service was terminated pursuant to Section 14.10.
14.12 CLEC shall be responsible for all charges for any service furnished by AT&T OKLAHOMA to any end user pursuant to Section 14.9 hereof.
14.13 Nothing in this Agreement shall be interpreted to obligate AT&T OKLAHOMA to continue to provide local service to any Resale end user beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights AT&T OKLAHOMA has with regard to such Resale end users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Lawful Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Xxxx Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Lawful Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen ten (1510) Calendar Business Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA SBC MISSOURI will also provide any written notification to the Oklahoma MISSOURI Corporation Commission as required by applicable lawOrder Number 5 (dated March 25, 2002) in Docket 01-GIMT-649-GIT.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 9.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.2.3 pay all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account that complies with the requirements set forth in Section 9.4, unless the nonpaying party is not required to escrow such amounts pursuant to Section XX herein; and
14.2.4 if the nonpaying party is required to deposit Disputed Amounts into an interest bearing escrow account, it must provide written evidence that it has established an interest bearing escrow account that complies with all the terms set forth in Section 9.4 and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account. Until evidence that the full amount of the Disputed Charges [other than disputed charges arising from Appendix Reciprocal Compensation] has been deposited into an escrow account that complies with Section 9.4 is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 10.
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenfive (5) Business Days of any of the obligations enumerated in Section 14.1. On the day that SBC MISSOURI provides such written demand to CLEC, SBC MISSOURI may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, SBC MISSOURI' exercise of any of its options under Section 4.4, 10.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Xxxx Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by SBC MISSOURI to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.7.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.7.2 disconnect any Resale Services, Lawful Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.7.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by SBC MISSOURI will comply with MISSOURI Corporation Commission Order Number 5 (dated March 25, 2002) in Docket 01-GIMT-649-GIT.
14.8 Within five (5) calendar days following any such disconnection, SBC MISSOURI will notify each Resale End User that because of CLEC’s failure to pay SBC MISSOURI, the End User’s local service will continue for an additional thirty (30) calendar days and that the End User has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.9 If any Resale End User fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, SBC MISSOURI may terminate the Resale End User’s service.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION.
14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Kansas Corporation Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.2, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenten (10) Calendar Days of any of the obligations enumerated in Section 14.2.1. On the day that AT&T provides such written demand to CLEC, AT&T may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, AT&T's exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To AT&T: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Xxxx Xxxxx Director, Regulatory Affairs Xxx Kansas Telcom, L.L.C. 0000 Xxxxxxxxx Xxxx., Xxx 000 Xxxxxxxx Xxxx, XX 00000 With Copy to: Xxxx Xxxxxx Director, Regulatory Affairs Xxx Communications 0000 Xxxx Xxxxx Xxxxx Atlanta, GA 30319 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by AT&T to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.8.2 disconnect any Resale Services, Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.8.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by AT&T will comply with Kansas Corporation Commission rules.
14.9 Within five (5) calendar days following any such disconnection, AT&T will notify each Resale end user that because of CLEC’s failure to pay AT&T, the end user’s local service will continue for an additional thirty (30) calendar days and that the end user has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.10 If any Resale end user fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, AT&T may terminate the Resale end user’s service.
14.11 AT&T will notify the Commission of the names of all Resale end users whose local service was terminated pursuant to Section 14.10.
14.12 CLEC shall be responsible for all charges for any service furnished by AT&T to any end user pursuant to Section 14.9 hereof.
14.13 Nothing in this Agreement shall be interpreted to obligate AT&T to continue to provide local service to any Resale end user beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights AT&T has with regard to such Resale end users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen ten (1510) Calendar Business Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA 1.1 SBC MISSOURI will also provide any written notification to the Oklahoma Corporation Missouri Public Service Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 13.4.1 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenfive (5) Business Days of any of the obligations enumerated in Section 14.2.1. On the day that SBC MISSOURI provides such written demand to CLEC, SBC MISSOURI may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, SBC MISSOURI’s exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure. *14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section 14, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To SBC MISSOURI: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, Xxxxxxxxx 00000 To CLEC: Xxxx Xxxxxxxx CFO Big River Telephone Company, LLC 00 X. Xxxxxxxxx Xxx. Cape Girardeau, MO 63703 Phone: 000-000-0000 Fax: 000-000-0000 Email: xxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx With copies to: Xxxxxx X. Xxxx CEO Big River Telephone Company, LLC 00 X. Xxxxxxxxx Xxx. Cape Girardeau, MO 63703 Phone: 000-000-0000 Fax: 000-000-0000 Email: xxxxx@xxxxxxxxxxxxxxxxx.xxx Xxxx X. Xxxxxx Xxxxxx, Xxxxx, Xxxxxxx & X’Xxxxx, P.C. 000 X. Xxxxxxxx, Xxx. 000 St. Xxxxx, MO 63105 Phone: 000-000-0000 Fax: 000-000-0000 Email: xxxxxxx@xxxxxxxxxxxx.xxx Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received. *14.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by SBC MISSOURI to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.8.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any undisputed amount required to be paid may be grounds for disconnection of Resale Services, Lawful Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid Interconnection Agreement-ARKANSAS/SOUTHWESTERN BELL TELEPHONE, L.P. after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Lawful Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges Charges, not being disputed, to the Billing Party within fifteen ten (1510) Calendar Business Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA SBC ARKANSAS will also provide any written notification to the Oklahoma ARKANSAS Corporation Commission as required by applicable lawOrder Number 5 (dated March 25, 2002) in Docket 01-GIMT-649-GIT.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Non- Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 9.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.3 Issues related to 14.2.3 pay all Disputed Amounts shall be resolved in accordance [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account that complies with the procedures identified in the Dispute Resolution provision requirements set forth in Section 13.
14.4 After expiration of 9.4, unless the written notice furnished nonpaying party is not required to escrow such amounts pursuant to Section 14.1 hereofXX herein; and
14.2.4 if the nonpaying party is required to deposit Disputed Amounts into an interest bearing escrow account, if CLEC continues it must provide written evidence that it has established an interest bearing escrow account that complies with all the terms set forth in Section 9.4 and deposited a sum equal to fail to comply the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account. Until evidence that the full amount of the Disputed Charges [other than disputed charges arising from Appendix Reciprocal Compensation] has been deposited into an escrow account that complies with Section 14.2.1 through 14.2.29.4 is furnished to the Billing Party, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition such Unpaid Charges will not be deemed to exercising any other rights or remedies it may have be “disputed” under Applicable Law, furnish a second written demand to CLEC for payment within tenSection 10.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Lawful Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Lawful Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen ten (1510) Calendar Business Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA SBC MISSOURI will also provide any written notification to the Oklahoma MISSOURI Corporation Commission as required by applicable lawOrder Number 5 (dated March 25, 2002) in Docket 01-GIMT-649-GIT.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 9.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.2.3 pay all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account that complies with the requirements set forth in Section 9.4, unless the nonpaying party is not required to escrow such amounts pursuant to Section 9.3 herein; and
14.2.4 if the nonpaying party is required to deposit Disputed Amounts into an interest bearing escrow account, it must provide written evidence that it has established an interest bearing escrow account that complies with all the terms set forth in Section 9.4 and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account. Until evidence that the full amount of the Disputed Charges [other than disputed charges arising from Appendix Reciprocal Compensation] has been deposited into an escrow account that complies with Section 9.4 is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 10.
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section Sections 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenfive (5) Business Days of any of the obligations enumerated in Section 14.1. On the day that SBC MISSOURI provides such written demand to CLEC, SBC MISSOURI may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, SBC MISSOURI’s exercise of any of its options under Section 4.4 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 14.4 of this Agreement, the Billing Party may, provided that the undisputed amount of the Unpaid Charges exceeds five percent (5%) of the aggregate amount billed by SBC MISSOURI to CLEC for the immediately preceding month under this Agreement, in addition to exercising any other rights or remedies it may have under Applicable Law:
14.7.1 cancel any pending application, request or order for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
14.7.2 disconnect any Resale Services, Lawful Unbundled Network Elements and/or Collocation furnished under this Agreement.
14.7.2.1 Notwithstanding any inconsistent provisions in this Agreement, disconnection of service by SBC MISSOURI will comply with MISSOURI Corporation Commission Order Number 5 (dated March 25, 2002) in Docket 01- GIMT-649-GIT.
14.8 Within five (5) calendar days following any such disconnection, SBC MISSOURI will notify each Resale End User that because of CLEC’s failure to pay SBC MISSOURI, the End User’s local service will continue for an additional thirty (30) calendar days and that the End User has thirty (30) calendar days from the disconnection date to select a new Local Service Provider.
14.9 If any Resale End User fails to select a new Local Service Provider within thirty (30) calendar days of the disconnection, SBC MISSOURI may terminate the Resale End User’s service.
14.10 SBC MISSOURI will notify the Commission of the names of all Resale End Users whose local service was terminated pursuant to Section 14.9.
14.11 CLEC shall be responsible for all charges for any service furnished by SBC MISSOURI to any End User pursuant to Section 14.8 hereof.
14.12 Nothing in this Agreement shall be interpreted to obligate SBC MISSOURI to continue to provide local service to any Resale End User beyond the thirty (30) calendar day selection period. Nothing herein shall be interpreted to limit any and all disconnection rights SBC MISSOURI has with regard to such Resale End Users under Applicable Law.
Appears in 1 contract
Samples: Interconnection Agreement
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges.
14.1.1 AT&T OKLAHOMA ARKANSAS will also provide any written notification to the Oklahoma Corporation Arkansas Public Service Commission as required by applicable law.
14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Calendar Days following receipt of the Billing Party's notice of Unpaid Charges:
14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and
14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and
14.2.3 pay all Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into an interest bearing escrow account that complies with the requirements set forth in Section 9; and
14.2.4 if the nonpaying party is required to deposit Disputed Amounts into an interest bearing escrow account, it must provide written evidence that it has established an interest bearing escrow account that complies with all the terms set forth in Section 9 and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account. Until evidence that the full amount of the Disputed Charges [other than disputed charges arising from Appendix Reciprocal Compensation] has been deposited into an escrow account that complies with Section 9 is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.
14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.
14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.214.2.4, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA ARKANSAS may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within tenten (10) calendar days of any of the obligations enumerated in Section 14.2. On the day that AT&T ARKANSAS provides such written demand to CLEC, AT&T ARKANSAS may also exercise any or all of the following options:
14.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
14.4.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection, Resale Services, unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement.
14.5 Notwithstanding anything to the contrary in this Agreement, AT&T ARKANSAS’ exercise of any of its options under Section 14.4, 14.4.1 and 14.4.2:
14.5.1 will not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
14.5.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
14.6 A copy of the demand provided to CLEC under Section 14.4 will be provided to the Commission.
14.7 All notices, affidavits, exemption certificates or other communications required or permitted to be given by either Party to the other under this Section, will be made in writing and will be delivered by certified mail, and sent to the addresses stated in Section 15 and to the following: To AT&T ARKANSAS: Manager of Collections and Credit 000 X. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx, XX 00000 To CLEC: Xxxxx Xxxxxxx Director-Revenue and cost Assurance NuVox Communications of Arkansas, Inc. Two North Main Street Greenville, SC 29601 Phone: 000-000-0000 Either Party may from time-to-time designate another address or addressee by giving notice in accordance with the terms of this Section. Any notice or other communication will be deemed to be given when received.
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Samples: Interconnection Agreement