Common use of NON-PAYMENT AND PROCEDURES FOR DISCONNECTION Clause in Contracts

NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 1.10.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due and payable as provided except that: (a) A Party may only terminate this Agreement and/or disconnect interconnection with the other Party’s network upon obtaining an order from a governmental, administrative, or regulatory body or a court of competent jurisdiction approving such termination and/or disconnection; (b) Notwithstanding Section 1.10.1(a), above, in the event of CLEC’s refusal or failure to pay all or any portion of any amount required to be paid for Resale and/or UNE services as and when due and payable as provided in this Agreement, SBC ILLINOIS may cease providing and may disconnect such services only in accordance with the processes set forth below. 1.10.1.1 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable and has not presented a dispute under Section 1.8.5 of this Agreement, the applicable procedures for notice and disconnection as set forth in Sections 1.10.3 through 1.10.11 below shall apply. 1.10.1.2 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 1.8.5 of this Agreement, but has not requested Formal Dispute Resolution under Section 1.9.5, above, within the later of 90 days of the date of the letter initiating informal dispute resolution under Section 1.9.3.1 or within 10 business days of receipt of notice under Section 1.9.3.3, then SBC ILLINOIS shall notify CLEC and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. On the same day it sends the notice letter required by this Section 1.10.1.2, SBC ILLINOIS will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 1.10.5 through 1.10.11 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows: (i) In Section 1.10.5, the phrase “forty (40) calendar days past the due date of the undisputed Unpaid Charges” shall be modified to read “thirty-two (32) days past the expiration of the 90-day period;” (ii) In Section 1.10.6, the phrase “forty-five (45) calendar days past the due date of such Unpaid Charges” shall be modified to read “thirty-seven (37) days past the expiration of the 90-day period;” (iii) Further, Sections 1.10.5 through 1.10.11 shall be modified to read “Previously Disputed Amounts” where the phrase “Unpaid Charges” is found. 1.10.1.3 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable following the conclusion of any Formal Dispute Resolution process initiated by a Party or employed by the Parties pursuant to Sections 1.9.5 or 1.9.6 above, then, no sooner than fifteen (15) days after the Formal Dispute Resolution process has concluded, SBC ILLINOIS shall notify CLEC and the Commission that unless the amounts required to be paid to SBC ILLINOIS following the conclusion of the Formal Dispute Resolution process (“FDR Amounts”) are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the FDR Amounts are outstanding (i.e. delinquent) shall be disconnected. On the same day it sends the notice letter required by this Section 1.10.1.3, SBC ILLINOIS will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. For purposes of this Section 1.10.1.3, “conclusion” of the Formal Dispute Resolution process initiated by a Party or employed by the Parties pursuant to Sections 1.9.5 or

NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 1.10.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due and payable as provided except that: (a) A Party may only terminate this Agreement and/or disconnect interconnection with the other Party’s network upon obtaining an order from a governmental, administrative, or regulatory body or a court of competent jurisdiction approving such termination and/or disconnection; (b) Notwithstanding Section 1.10.1(a), above, in the event of CLECTCG’s refusal or failure to pay all or any portion of any amount required to be paid for Resale and/or UNE services as and when due and payable as provided in this Agreement, SBC ILLINOIS may cease providing and may disconnect such services only in accordance with the processes set forth below. 1.10.1.1 Where CLEC TCG has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable and has not presented a dispute under Section 1.8.5 of this Agreement, the applicable procedures for notice and disconnection as set forth in Sections 1.10.3 through 1.10.11 below shall apply. 1.10.1.2 Where CLEC TCG has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 1.8.5 of this Agreement, but has not requested Formal Dispute Resolution under Section 1.9.5, above, within the later of 90 days of the date of the letter initiating informal dispute resolution under Section 1.9.3.1 or within 10 business days of receipt of notice under Section 1.9.3.3, then SBC ILLINOIS shall notify CLEC TCG and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC TCG under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. On the same day it sends the notice letter required by this Section 1.10.1.2, SBC ILLINOIS will suspend acceptance of any order (other than a disconnect order) from CLEC TCG for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 1.10.5 through 1.10.11 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows: (i) In Section 1.10.5, the phrase “forty (40) calendar days past the due date of the undisputed Unpaid Charges” shall be modified to read “thirty-two (32) days past the expiration of the 90-day period;” (ii) In Section 1.10.6, the phrase “forty-five (45) calendar days past the due date of such Unpaid Charges” shall be modified to read “thirty-seven (37) days past the expiration of the 90-day period;” (iii) Further, Sections 1.10.5 through 1.10.11 shall be modified to read “Previously Disputed Amounts” where the phrase “Unpaid Charges” is found. 1.10.1.3 Where CLEC TCG has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable following the conclusion of any Formal Dispute Resolution process initiated by a Party or employed by the Parties pursuant to Sections 1.9.5 or 1.9.6 above, then, no sooner than fifteen (15) days after the Formal Dispute Resolution process has concluded, SBC ILLINOIS shall notify CLEC TCG and the Commission that unless the amounts required to be paid to SBC ILLINOIS following the conclusion of the Formal Dispute Resolution process (“FDR Amounts”) are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC TCG under this Agreement for which the FDR Amounts are outstanding (i.e. delinquent) shall be disconnected. On the same day it sends the notice letter required by this Section 1.10.1.3, SBC ILLINOIS will suspend acceptance of any order (other than a disconnect order) from CLEC TCG for any resale service or network element that could be furnished under this Agreement. For purposes of this Section 1.10.1.3, “conclusion” of the Formal Dispute Resolution process initiated by a Party or employed by the Parties pursuant to Sections 1.9.5 or

NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 1.10.1 10.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due and payable as provided except that: (a) A Party may only terminate this Agreement and/or disconnect interconnection with the other Party’s network upon obtaining an order from a governmental, administrative, or regulatory body or a court of competent jurisdiction approving such termination and/or disconnection; (b) Notwithstanding Section 1.10.1(a10.1 (a), above, in the event of CLEC’s refusal or failure to pay all or any portion of any amount required to be paid for Resale and/or UNE services as and when due and payable as provided in this Agreement, SBC ILLINOIS SWBT may cease providing and may disconnect such services only in accordance with the processes set forth below. 1.10.1.1 10.1.1 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS SWBT as and when due and payable and has not presented a dispute under Section 1.8.5 8.5 of this Agreement, the applicable procedures for notice and disconnection as set forth in Sections 1.10.3 10.3 through 1.10.11 10.11 below shall apply. 1.10.1.2 10.1.2 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS SWBT as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 1.8.5 8.5 of this Agreement, but has not requested Formal Dispute Resolution under Section 1.9.59.5, above, within the later of 90 days of the date of the letter initiating informal dispute resolution under Section 1.9.3.1 9.3.1 or within 10 business days of receipt of notice under Section 1.9.3.39.3.3, then SBC ILLINOIS SWBT shall notify CLEC and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. This notice shall further specify that any of CLEC’s Resale end users that will be affected by such disconnection shall be caused to be defaulted to SWBT local service. On the same day it sends the notice letter required by this Section 1.10.1.210.1.2, SBC ILLINOIS SWBT will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 1.10.5 10.5 through 1.10.11 10.11 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows: (i) In Section 1.10.510.5, the phrase “forty (40) calendar days past the due date of the undisputed Unpaid Charges” shall be modified to read “thirty-two (32) days past the expiration of the 90-day period;” (ii) In Section 1.10.610.6, the phrase “forty-five (45) calendar days past the due date of such Unpaid Charges” shall be modified to read “thirty-seven (37) days past the expiration of the 90-day period;” (iii) In Section 10.7, the parenthetical “(fifty (50) calendar days past the due date for such undisputed Unpaid Charges)” shall be deleted; (iv) In Section 10.8, the parenthetical “(eighty (80) calendar days past the due date for CLEC’s undisputed Unpaid Charges)” shall be deleted. (v) Further, Sections 1.10.5 10.5 through 1.10.11 10.11 shall be modified to read “Previously Disputed Amounts” where the phrase “Unpaid Charges” is found. 1.10.1.3 10.1.3 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS SWBT as and when due and payable following the conclusion of any Formal Dispute Resolution process initiated by a Party or employed by the Parties pursuant to Sections 1.9.5 9.5 or 1.9.6 9.6 above, then, no sooner than fifteen (15) days after the Formal Dispute Resolution process has concluded, SBC ILLINOIS SWBT shall notify CLEC and the Commission that unless the amounts required to be paid to SBC ILLINOIS SWBT following the conclusion of the Formal Dispute Resolution process (“FDR Amounts”) are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the FDR Amounts are outstanding (i.e. delinquent) shall be disconnected. This notice shall further specify that any of CLEC’s Resale end users that will be affected by such disconnection shall be caused to be defaulted to SWBT local service. On the same day it sends the notice letter required by this Section 1.10.1.310.1.3, SBC ILLINOIS SWBT will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. For purposes of this Section 1.10.1.310.1.3, “conclusion” of the Formal Dispute Resolution process initiated by a Party or employed by the Parties pursuant to Sections 1.9.5 or9.5 or 9.6 above shall occur on the day any ruling, order or award in that process becomes final and nonappealable. Furthermore, the provisions of Sections 10.5 through 10.11 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows: (i) In Section 10.5, the phrase “forty (40) calendar days past the due date of the undisputed Unpaid Charges” shall be modified to read “thirty-two (32) days past the conclusion of the Formal Dispute Resolution process;” (ii) In Section 10.6, the phrase “forty-five (45) calendar days past the due date of such Unpaid Charges” shall be modified to read “thirty-seven (37) days past the conclusion of the Formal Dispute Resolution process;” (iii) In Section 10.7, the parenthetical “(fifty (50) calendar days past the due date for such undisputed Unpaid Charges)” shall be deleted; (iv) In Section 10.8, the parenthetical “(eighty (80) calendar days past the due date for CLEC’s undisputed Unpaid Charges)” shall be deleted. (v) Further, Sections 10.5 through 10.11 shall be modified to read “FDR Amounts” wherever the phrase “Unpaid Charges” is found. 10.2 Pending the resolution of any dispute raised in accordance with Section 9 of this Agreement, whether by settlement or by final and nonappealable arbitration award, ruling, order or judgment, each Party shall continue to perform all of its obligations under this Agreement, and shall not, based upon an act or omission that is the subject of the dispute that is pending resolution, exercise any right of termination or disconnection under this Section 10, unless otherwise directed by the other Party. 10.3 If CLEC fails to pay when due, any and all charges, including any applicable interest, that are billed to CLEC for resale services and network elements furnished under this Agreement and are not disputed under Section 8.5, above (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the due date, SWBT shall provide written notification to CLEC’s billing department (with a copy to the address for CLEC pursuant to Section 11 below) that in order to avoid having service disconnected, CLEC must remit all such Unpaid Charges to SWBT. With respect to resale services and network elements, SWBT will notify CLEC that such Unpaid Charges remain unpaid fifteen (15) calendar days after the due date and that CLEC must remit payment within fourteen (14) calendar days from the date CLEC’s billing department receives SWBT’s notice, except as otherwise provided in Sections 8.5 through 8.10, governing bona fide billing disputes. No payment made by CLEC following notice by SWBT as provided in this Section shall prejudice or otherwise adversely affect CLEC’s right to dispute the Unpaid Charges, once paid, pursuant to Section 8.4, above. For the purposes of this Section 10.3, SWBT may give notice to CLEC billing department as follows, unless CLEC notifies SWBT otherwise: Xxxx Xxxxx President CD Telecommunications, LLC 000 Xxxxx Xxxxxxx 000, Xxxxx 000 Branson, MO 65616 000-000-0000, ext. 110, Fax 000-000-0000 10.4 If any Unpaid Charges for resale services or network elements remain unpaid twenty- nine (29) calendar days past the due date of such Unpaid Charges, SWBT shall notify CLEC and the Commission that unless all such Unpaid Charges are paid within sixteen

NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 1.10.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due and payable as provided except that: (a) A Party may only terminate this Agreement and/or disconnect interconnection with the other Party’s network upon obtaining an order from a governmental, administrative, or regulatory body or a court of competent jurisdiction approving such termination and/or disconnection; (b) Notwithstanding Section 1.10.1(a), above, in the event of CLEC’s refusal or failure to pay all or any portion of any amount required to be paid for Resale and/or UNE services as and when due and payable as provided in this Agreement, SBC AT&T ILLINOIS may cease providing and may disconnect such services only in accordance with the processes set forth below. 1.10.1.1 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC AT&T ILLINOIS as and when due and payable and has not presented a dispute under Section 1.8.5 of this Agreement, the applicable procedures for notice and disconnection as set forth in Sections 1.10.3 through 1.10.11 below shall apply. 1.10.1.2 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC AT&T ILLINOIS as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 1.8.5 of this Agreement, but has not requested Formal Dispute Resolution under Section 1.9.5, above, within the later of 90 days of the date of the letter initiating informal dispute resolution under Section 1.9.3.1 or within 10 business days of receipt of notice under Section 1.9.3.3, then SBC AT&T ILLINOIS shall notify CLEC and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. On the same day it sends the notice letter required by this Section 1.10.1.2, SBC ILLINOIS will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 1.10.5 through 1.10.11 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows: (i) In Section 1.10.5, the phrase “forty (40) calendar days past the due date of the undisputed Unpaid Charges” shall be modified to read “thirty-two (32) days past the expiration of the 90-day period;” (ii) In Section 1.10.6, the phrase “forty-five (45) calendar days past the due date of such Unpaid Charges” shall be modified to read “thirty-seven (37) days past the expiration of the 90-day period;” (iii) Further, Sections 1.10.5 through 1.10.11 shall be modified to read “Previously Disputed Amounts” where the phrase “Unpaid Charges” is found. 1.10.1.3 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable following the conclusion of any Formal Dispute Resolution process initiated by a Party or employed by the Parties pursuant to Sections 1.9.5 or 1.9.6 above, then, no sooner than fifteen (15) days after the Formal Dispute Resolution process has concluded, SBC ILLINOIS shall notify CLEC and the Commission that unless the amounts required to be paid to SBC ILLINOIS following the conclusion of the Formal Dispute Resolution process (“FDR Amounts”) are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the FDR Amounts are outstanding (i.e. delinquent) shall be disconnected. On the same day it sends the notice letter required by this Section 1.10.1.3, SBC ILLINOIS will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. For purposes of this Section 1.10.1.3, “conclusion” of the Formal Dispute Resolution process initiated by a Party or employed by the Parties pursuant to Sections 1.9.5 orsixteen