NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state. 12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice. 12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule. 12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges: 12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and 12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and 12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and 12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section
Appears in 35 contracts
Samples: Telecommunications, Interconnection Agreement, Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 11.10 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.0 below.
12.6 If the Non-Paying Party fails to:
12.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 12.2 above;
12.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above within the time specified in Section 12.2 above;
12.6.3 timely furnish any assurance of payment requested in accordance with Section 10.4 above; or
12.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in 12.6.1 above through 12.6.4 within ten (10) Business Days. On the day that the Billing Party provides such written demand to the Non-Paying Party, the Billing Party may also exercise any or all of the following options:
12.6.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection under this Agreement;
Appears in 23 contracts
Samples: Wholesale Agreement, Wholesale Agreement, Wholesale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Xxxx Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 11.10 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.0 below.
12.6 If the Non-Paying Party fails to:
12.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 12.2 above;
12.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above within the time specified in Section 12.2 above;
12.6.3 timely furnish any assurance of payment requested in accordance with Section 10.4 above; or
12.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in 12.6.1 above through 12.6.4 within ten (10) Business Days. On the day that the Billing Party provides such written demand to the Non-Paying Party, the Billing Party may also exercise any or all of the following options:
12.6.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection under this Agreement;
Appears in 7 contracts
Samples: Telecommunications, Telecommunications, Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Xxxx Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section
Appears in 4 contracts
Samples: Telecommunications, Telecommunications, Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 10.1 If a Party CLEC is furnished Interconnection Services services under the terms of this Agreement in more than one (1) state, Section 12.2 below Sections 10.1 through Section 12.19 below10.7, inclusive, shall be applied separately for each such state.
12.2 10.2 Failure to pay charges shall may be grounds for disconnection termination of Interconnection Services furnished under this Agreement. If a Party CLEC fails to pay by the Bill Due Date, any and all 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 fifteen (15) calendar days after the Bill Due Date, SBC-13STATE shall notify CLEC in writing that in order to avoid disruption or disconnection of the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party services furnished under this Agreement, CLEC must remit all Unpaid Charges to the Billing Party SBC-13STATE within fifteen fourteen (1514) calendar days following receipt of the Discontinuance NoticeSBC-13STATE’s notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 10.3 If the Non-Paying Party CLEC desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete CLEC shall take all of the following actions not later than fifteen fourteen (1514) calendar days following receipt of the Billing Party’s SBC-13STATE's notice of Unpaid Charges:
12.4.1 10.3.1 notify the Billing Party SBC-13STATE in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts and Amounts”) including all of the specific details listed in Section 13.4 below of this Agreement10.4.1, together with the reasons for its dispute; and
12.4.2 10.3.2 immediately pay to SBC-13STATE all undisputed Unpaid Charges to the Billing PartyCharges; and
12.4.3 10.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with all of the requirements set forth in Section 11.10 above; and9.3.
12.4.4 furnish written evidence to the Billing Party 10.3.4 Evidence that the Non-Paying Party CLEC has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 9.3 of this Agreement and deposited a sum equal to the Disputed Amounts into that escrow account (other than must be furnished to SBC-13STATE before the Unpaid Charges will be deemed to be “disputed” under Section 15.4.1.
10.4 Issues related to Disputed Amounts arising from Intercarrier Compensation). Until evidence that shall be resolved in accordance with the full amount of procedures identified in the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionDispute Resolution provision set forth in Section 15.
Appears in 4 contracts
Samples: Resale Agreement, Resale Agreement, Resale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 18.1 If a Party is furnished Interconnection Services services under the terms of this Agreement in more than one (1) state, language in Section 12.2 18.2 below through Section 12.19 below, 18.9.3 below inclusive, shall be applied separately for each such state.
12.2 18.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Disconnection Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Disconnection Notice.
12.3 18.3 AT&T-21STATE will also provide any written notification notice of disconnection to any Commission as required by any State Order state order or Rulerule.
12.4 18.4 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 fifteen forty-five (1545) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 18.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 19.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 18.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 18.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensationreciprocal compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 17.14 above; and
12.4.4 18.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 17.14 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensationreciprocal compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensationreciprocal compensation) has been deposited into an escrow account that complies with SectionSection 17.14 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 19.0 below.
18.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the dispute resolution provision set forth in Section 19.0 below.
18.6 If the Non-Paying Party fails to:
18.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 18.2 above; or Page 31 of 54 Contract Id: 8601553 Version: 3Q16 – One-Way CMRS ICA – Paging – 08/30/16 18.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 17.14 above within the time specified in Section 18.2 above; or
Appears in 2 contracts
Samples: Wholesale Agreement, Wholesale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 11.1 If a Party is furnished Interconnection Services products and/or services under the terms of this Agreement in more than one (1) state, language in Section 12.2 11.2 below through Section 12.19 below, 11.11 below inclusive, shall be applied separately for each such state.
12.2 11.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services products and/or services furnished under this Agreement. If a Party fails to pay any charges Unpaid Charges billed to it under this Agreement, including but not limited to any Late Payment Charges or Unpaid Chargesexcluding Disputed Amounts, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will may send a Discontinuance Notice written demand for payment to such Non-Paying Party. The Non-Non- Paying Party must remit all Unpaid Charges Charges, excluding Disputed Amounts, to the Billing Party within fifteen (15) calendar days of the Discontinuance Noticewritten demand for payment.
12.3 11.3 AT&T-21STATE will also provide any written notification notice of disconnection to any Commission as required by any State Order or Rule.
12.4 11.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Chargeswritten demand for payment:
12.4.1 11.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 12.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 11.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 11.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 10.12 above; and
12.4.4 11.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 10.12 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 10.12 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 12.0 below.
11.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the dispute resolution provision set forth in Section 12.0 below.
11.6 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide a second written demand to the Non-Paying Party for payment of any of the unmet obligations within ten (10) Business Days if the Non-Paying Party fails to:
11.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s written demand for payment as described in Section 11.2 above;
11.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 10.12 above within the time specified in Section 11.44 above;
11.6.3 timely furnish any Assurance of Payment requested in accordance with Section 9.0 above; or
11.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement.
11.7 On the day that the Billing Party provides such written demand to the Non-Paying Party as described in Section 11.6, in addition to exercising any other rights or remedies it may have under Applicable Law, the Billing Party may also exercise any or all of the following options:
11.7.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement;
11.7.2 and/or suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement.
11.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Sections 11.7.1 above and 11.7.2 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
11.9 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 11.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
11.9.1 cancel any pending application, request or order for new or additional Interconnection products and/or services under this Agreement;
11.9.2 disconnect any interconnection products and/or services furnished under this Agreement; and
11.9.3 discontinue providing any Interconnection products and/or services furnished under this Agreement.
Appears in 2 contracts
Samples: Peering Agreement, Peering Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Xxxx Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 11.10 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.0 below.
12.6 If the Non-Paying Party fails to:
12.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 12.2 above;
12.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above within the time specified in Section 12.2 above;
12.6.3 timely furnish any assurance of payment requested in accordance with Section 10.4 above; or
12.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement.
12.6.5 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in 12.6.1 through 12.6.4 above within ten (10) Business Days. On the day that the Billing Party provides such written demand to the Non-Paying Party, the Billing Party may also exercise any or all of the following options:
12.6.5.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection Service(s);
12.6.5.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection Service(s).
12.7 Where required, a copy of the demand provided to CLEC under Section 12.6 above will also be provided to the Commission at the same time.
12.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Section 12.6.5 above, and Sections 12.6.5.1 above and 12.6.5.2 above:
12.8.1 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 Xxxx Due Date; and
12.8.2 will exclude any affected application, request, order or service from any otherwise Performance Measure.
12.9 For AT&T MIDWEST REGION 5-STATE only, if the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 12.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
12.9.1 cancel any pending application, request or order for new or additional Interconnection Services, under this Agreement; and
12.9.2 disconnect any Interconnection Services furnished under this Agreement;
12.9.3 discontinue providing any Interconnection Services furnished under this Agreement.
12.9.3.1 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by:
12.9.3.1.1 AT&T INDIANA will comply with Indiana Utility Regulatory Commission rule 170 IAC 7-6.
12.10 On the same date that Resale Services to CLEC are disconnected, AT&T-7STATE will start to provide service to CLEC’s Resale End Users for a limited transition period. To the extent feasible, these Resale End Users will receive the same services that were provided through CLEC immediately prior to the time of transfer; provided, however, AT&T-7STATE reserves the right to toll restrict (both interLATA and intraLATA) such transferred End Users.
12.10.1 Notwithstanding any inconsistent provisions in this Agreement, the provision of services of Resale End Users in AT&T MISSOURI will comply with Missouri Public Service Commission Rule 4 CSR 240-32.120.
12.10.2 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by AT&T KANSAS will comply with Kansas Corporation Commission Order Number 5 (dated March 25, 2002) in Docket 01- GIMT-649-GIT.
12.11 AT&T-7STATE will inform the Commission of the names of all Resale End Users affected by this process.
12.12 Any charges for services provided to the Resale End Users by AT&T-7STATE as specified in Section 12.16 below will be billed to CLEC.
12.13 The Billing Party has no liability to the Non-Paying Party or its End Users in the event of disconnection of service in compliance with Section 12.17 below thru Section 12.18.1 below AT&T-7STATE has no liability to CLEC or CLEC’s End Users in the event of disconnection of service to CLEC and the provision of service for a limited transition period for any Resale End Users by AT&T-7STATE in connection with such disconnection.
12.14 Additional charges may become applicable under the terms of this Agreement following discontinuance of service.
12.15 Within five (5) calendar days following the disconnection, AT&T-7STATE will notify each Resale End User that because of CLEC’s failure to pay AT&T-7STATE, the End User’s local service is now being provided by AT&T- 7STATE. This notification will also advise each Resale End User that the End User has thirty (30) calendar days from the date of transfer to select a new LSP.
12.16 The Resale End User shall be responsible for any and all charges incurred during the selection period other than those billed to CLEC under Section 12.19 below.
12.17 If any Resale End User provided service by AT&T-7STATE under Section12.18 below of this Agreement fails to select a new LSP within thirty (30) calendar days of the transfer AT&T-7STATE, may terminate the Resale End User’s service.
12.18 Nothing in this Agreement shall be interpreted to obligate to AT&T-7STATE 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-7STATE has with regard to such transferred Resale End Users under Applicable Law; provided, however,
12.18.1 In AT&T CALIFORNIA only, following expiration of the selection period and disconnection of such Resale End Users, where facilities permit, AT&T CALIFORNIA will furnish the disconnected local residential End Users with “quick dial tone”.
12.19 Limitation on Back-billing and Credit Claims; Exceptions to Limitation for Certain Situations (True-Ups):
12.19.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to:
12.19.1.1 Back-xxxx for or claim credit for any charges for services provided pursuant to this Agreement that are found to be unbilled, under-billed or over-billed, but only when such charges appeared or should have appeared on a xxxx dated within the twelve (12) months immediately preceding the date on which the Billing Party provided written notice to the Billed Party of the amount of the back-billing or the Billed Party provided written notice to the Billing Party of the claimed credit amount. The Parties agree that the twelve (12) month limitation on back-billing and credit claims set forth in the preceding sentence shall be applied prospectively only after the Effective Date of this Agreement, meaning that the twelve (12) month period for any back-billing or credit claims may only include billing periods that fall entirely after the Effective Date of this Agreement and will not include any portion of any billing period that began prior to the Effective Date of this Agreement. Nothing herein shall prohibit either Party from rendering bills or collecting for any Interconnection Service(s) more than twelve (12) months after the Interconnection Service(s) was provided when the ability or right to charge or the proper charge for the Interconnection Service(s) was the subject of an arbitration or other Commission docket or any FCC order, including any appeal of such arbitration, docket or FCC order. In such cases (hereinafter a “true- up”), the time period for billing shall be the longer of (a) the period specified by the commission in the final order allowing or approving such charge or (b) eighteen (18) months from the date of the final order allowing or approving such charge or (c) twelve (12) months from the date of approval of any executed amendment to this Agreement required to implement such charge.
12.19.1.2 Back-billing and credit claims, and true-ups, as limited above, will apply to all Interconnection Services purchased under this Agreement, except that Intercarrier Compensation is specifically excluded from this Section 12.0 and is addressed separately in the Attachment – 02 Network Interconnection.
Appears in 2 contracts
Samples: Interconnection Agreement, Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 11.1 If a Party is furnished Interconnection Services products and/or services under the terms of this Agreement in more than one (1) state, language in Section 12.2 11.2 below through Section 12.19 below, 11.11 below inclusive, shall be applied separately for each such state.
12.2 11.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services products and/or services furnished under this Agreement. If a Party fails to pay any charges Unpaid Charges billed to it under this Agreement, including but not limited to any Late Payment Charges or Unpaid Chargesexcluding Disputed Amounts, and any portion of such Unpaid Charges remain unpaid after the Bill Xxxx Due Date, the Billing Party will may send a Discontinuance Notice written demand for payment to such Non-Paying Party. The Non-Non- Paying Party must remit all Unpaid Charges Charges, excluding Disputed Amounts, to the Billing Party within fifteen (15) calendar days of the Discontinuance Noticewritten demand for payment.
12.3 11.3 AT&T-21STATE will also provide any written notification notice of disconnection to any Commission as required by any State Order or Rule.
12.4 11.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Chargeswritten demand for payment:
12.4.1 11.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 12.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 11.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 11.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 10.12 above; and
12.4.4 11.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 10.12 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 10.12 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 12.0 below.
11.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the dispute resolution provision set forth in Section 12.0 below.
11.6 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide a second written demand to the Non-Paying Party for payment of any of the unmet obligations within ten (10) Business Days if the Non-Paying Party fails to:
11.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s written demand for payment as described in Section 11.2 above;
11.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 10.12 above within the time specified in Section 11.44 above;
11.6.3 timely furnish any Assurance of Payment requested in accordance with Section 9.0 above; or
11.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement.
11.7 On the day that the Billing Party provides such written demand to the Non-Paying Party as described in Section 11.6, in addition to exercising any other rights or remedies it may have under Applicable Law, the Billing Party may also exercise any or all of the following options:
11.7.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement;
11.7.2 and/or suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement.
11.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Sections 11.7.1 above and 11.7.2 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 Xxxx Due Date; and
11.9 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 11.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
11.9.1 cancel any pending application, request or order for new or additional Interconnection products and/or services under this Agreement;
11.9.2 disconnect any interconnection products and/or services furnished under this Agreement; and
11.9.3 discontinue providing any Interconnection products and/or services furnished under this Agreement.
Appears in 2 contracts
Samples: Telecommunications, Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Xxxx Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 11.10 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.0 below.
12.6 If the Non-Paying Party fails to:
12.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 12.2 above;
12.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above within the time specified in Section 12.2 above;
12.6.3 timely furnish any assurance of payment requested in accordance with Section 10.4 above; or
12.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement. Page 36 of 847 Contract Id: 88399114187796 ACCEPTED FOR PROCESSING - 2018 November 7 7:10 AM - SCPSC - 2018-350-C - Page 36 of 299 AIRUS written demand to the Non-Paying Party, the Billing Party may also exercise any or all of the following options:
12.6.5.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection Service(s);
12.6.5.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection Service(s).
12.7 Where required, a copy of the demand provided to CLEC under Section 12.6 above will also be provided to the Commission at the same time.
12.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Section 12.6.5 above, and Sections 12.6.5.1 above and 12.6.5.2 above:
12.8.1 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 Xxxx Due Date; and
12.8.2 will exclude any affected application, request, order or service from any otherwise Performance Measure.
12.9 For AT&T MIDWEST REGION 5-STATE only, if the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 12.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
12.9.1 cancel any pending application, request or order for new or additional Interconnection Services, under this Agreement; and
12.9.2 disconnect any Interconnection Services furnished under this Agreement;
12.9.3 discontinue providing any Interconnection Services furnished under this Agreement.
12.9.3.1 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by:
12.9.3.1.1 AT&T INDIANA will comply with Indiana Utility Regulatory Commission rule 170 IAC 7-6.
12.10 On the same date that Resale Services to CLEC are disconnected, AT&T-7STATE will start to provide service to CLEC’s Resale End Users for a limited transition period. To the extent feasible, these Resale End Users will receive the same services that were provided through CLEC immediately prior to the time of transfer; provided, however, AT&T-7STATE reserves the right to toll restrict (both interLATA and intraLATA) such transferred End Users.
12.10.1 Notwithstanding any inconsistent provisions in this Agreement, the provision of services of Resale End Users in AT&T MISSOURI will comply with Missouri Public Service Commission Rule 4 CSR 240-32.120.
12.10.2 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by AT&T KANSAS will comply with Kansas Corporation Commission Order Number 5 (dated March 25, 2002) in Docket 01- GIMT-649-GIT.
12.11 AT&T-7STATE will inform the Commission of the names of all Resale End Users affected by this process.
12.12 Any charges for services provided to the Resale End Users by AT&T-7STATE as specified in Section 12.16 below will be billed to CLEC.
12.13 The Billing Party has no liability to the Non-Paying Party or its End Users in the event of disconnection of service in compliance with Section 12.17 below thru Section 12.18.1 below AT&T-7STATE has no liability to CLEC or CLEC’s End Users in the event of disconnection of service to CLEC and the provision of service for a limited transition period for any Resale End Users by AT&T-7STATE in connection with such disconnection.
12.14 Additional charges may become applicable under the terms of this Agreement following discontinuance of service. Contract Id: 88399114187796 ACCEPTED FOR PROCESSING - 2018 November 7 7:10 AM - SCPSC - 2018-350-C - Page 37 of 299 AIRUS 12.15 Within five (5) calendar days following the disconnection, AT&T-7STATE will notify each Resale End User that because of CLEC’s failure to pay AT&T-7STATE, the End User’s local service is now being provided by AT&T- 7STATE. This notification will also advise each Resale End User that the End User has thirty (30) calendar days from the date of transfer to select a new LSP.
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Products and /or Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 12.10 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Products and/or Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s 's notice of Unpaid Charges:
12.4.1 12.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 12.3.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 12.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; 11.9 above and
12.4.4 12.3.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 11.9 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section 11.9 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.0 below.
12.5 If the Non-Paying Party fails to:
12.5.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 12.2 above.
12.5.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.9 above within the time specified in Section 12.2 above
12.5.3 timely furnish any assurance of payment requested in accordance with Section 10.4 above or
12.5.4 make a payment in accordance with the terms of any mutually agreed payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in (a) through (d) of this Section 12.0 within ten (10) Business Days.
12.5.5 If by 5:00 p.m. Central Time of the 10th day following receipt of a notice under this Section, CARRIER fails to (a) fully comply with each of Sections 12.3 through 12.5.4, or (b) make a payment in accordance with the terms of any mutually agreed payment arrangement then agreed to by the Parties, AT&T-22STATE may, in addition to exercising any other rights or remedies it may have under law, take any or all of the following actions, without any further notice to CARRIER:
12.5.5.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Products and/or Services under this Agreement;
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 10.1 If a Party CLEC is furnished Interconnection Services services under the terms of this Agreement in more than one one
(1) state, Section 12.2 below Sections 10.1 through Section 12.19 below10.7, inclusive, shall be applied separately for each such state.
12.2 10.2 Failure to pay charges shall may be grounds for disconnection termination of Interconnection Services furnished under this Agreement. If a Party CLEC fails to pay by the Bill Due Date, any and all 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 fifteen (15) calendar days after the Bill Due Date, SBC-13STATE shall notify CLEC in writing that in order to avoid disruption or disconnection of the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party services furnished under this Agreement, CLEC must remit all Unpaid Charges to the Billing Party SBC- 13STATE within fifteen fourteen (1514) calendar days following receipt of the Discontinuance NoticeSBC- 13STATE’s notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 10.3 If the Non-Paying Party CLEC desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete CLEC shall take all of the following actions not later than fifteen fourteen (1514) calendar days following receipt of the Billing Party’s SBC-13STATE's notice of Unpaid Charges:
12.4.1 10.3.1 notify the Billing Party SBC-13STATE in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts and Amounts”) including all of the specific details listed in Section 13.4 below of this Agreement10.4.1, together with the reasons for its dispute; and
12.4.2 10.3.2 immediately pay to SBC-13STATE all undisputed Unpaid Charges to the Billing PartyCharges; and
12.4.3 10.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with all of the requirements set forth in Section 11.10 above; and9.3.
12.4.4 furnish written evidence to the Billing Party 10.3.4 Evidence that the Non-Paying Party CLEC has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 9.3 of this Agreement and deposited a sum equal to the Disputed Amounts into that escrow account (other than must be furnished to SBC-13STATE before the Unpaid Charges will be deemed to be “disputed” under Section 15.4.1.
10.4 Issues related to Disputed Amounts arising from Intercarrier Compensation). Until evidence that shall be resolved in accordance with the full amount of procedures identified in the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionDispute Resolution provision set forth in Section 15.
Appears in 1 contract
Samples: Resale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 8.1 If a Party is furnished Interconnection Services products and/or services under the terms of this Agreement in more than one (1) state, language in Section 12.2 8.2 below through Section 12.19 below, 8.9 below inclusive, shall be applied separately for each such state.
12.2 Failure 8.2 For purposes of this section 8.2, to “pay” a bill means to pay all undisputed charges shall be grounds for disconnection of Interconnection Services furnished under this Agreementto the billing party and to pay all disputed amounts either to the billing party or into an escrow account in accordance with Sections 7 and 8.4. If a the Billed Party fails to pay any charges billed to it under this Agreementportion of a bill, including but not limited to any Late Payment Charges or Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after by the Bill Due Date, the Billing Party will billing party may send a written Notice (“Discontinuance Notice Notice”) informing such non-paying party that in order to such Nonavoid disruption or disconnection of the Interconnection Services furnished under this Agreement, the non-Paying Partypaying party must pay all unpaid amounts as provided above within fifteen (15) calendar days. The NonIf the non-Paying Party must remit all Unpaid Charges paying party fails to pay the Billing Party bill in full as described herein within fifteen (15) calendar days of the Discontinuance Notice, the billing party may discontinue or disconnect Interconnection Services furnished under this Agreement.
12.3 AT&T-21STATE 8.3 AT&T TEXAS will also provide any written notification notice of disconnection to any Commission as required by any State Order or Rule.
12.4 8.4 If the Nonnon-Paying Party paying party desires to dispute any portion of the Unpaid Chargesunpaid charges, the Nonnon-Paying Party paying party must complete all of the following actions not later than fifteen (15) calendar days following receipt of the Billing Partybilling party’s notice of Unpaid Chargesdiscontinuance notice:
12.4.1 8.4.1 notify the Billing Party billing party in writing which portion(s) of the Unpaid Charges unpaid charges it disputes, including the total Disputed Amounts disputed amounts and the specific details listed in Section 13.4 9.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 8.4.2 pay all undisputed Unpaid Charges unpaid charges to the Billing Partybilling party; and
12.4.3 8.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) disputed amounts into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 7 above; and
12.4.4 8.4.4 furnish written evidence to the Billing Party billing party that the Nonnon-Paying Party paying party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 7 above and deposited a sum equal to the Disputed Amounts disputed amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) disputed charges has been deposited into an escrow account that complies with SectionSection 6 above is furnished to the billing party, such unpaid charges will not be deemed to be “disputed” under Section 9.0 below.
8.5 Issues related to disputed amounts shall be resolved in accordance with the procedures identified in the dispute resolution provision set forth in Section 9.0 below.
8.6 If the non-paying party fails to:
8.6.1 pay any undisputed unpaid charges in response to the billing party’s Discontinuance Notice as described in Section 8.2 above.
8.6.2 deposit the disputed portion of any unpaid charges into an interest bearing escrow account that complies with all of the terms set forth in Section 7 above within the time specified in Section 8.2 above.
8.6.3 timely furnish any assurance of payment requested in accordance with Section 5.0 above; or
8.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement, the billing party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the non-paying party for payment of any of the obligations set forth in the above Sections 8.6.1, 8.6.2, and 8.6.3 within ten (10) Business Days. On the day that the billing party provides such written demand to the non-paying party, the billing party may also exercise any or all of the following options:
8.6.4.1 suspend acceptance of any application, request or order from the non-paying party for new or additional Interconnection under this Agreement;
Appears in 1 contract
Samples: Interconnection Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 10.1 If a Party CLEC is furnished Interconnection Services services under the terms of this Agreement in more than one one
(1) state, Section 12.2 below Sections 10.1 through Section 12.19 below10.7, inclusive, shall be applied separately for each such state.
12.2 10.2 Failure to pay charges shall may be grounds for disconnection termination of Interconnection Services furnished under this Agreement. If a Party CLEC fails to pay by the Xxxx Due Date, any and all 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 fifteen (15) calendar days after the Bill Xxxx Due Date, SBC-13STATE shall notify CLEC in writing that in order to avoid disruption or disconnection of the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party services furnished under this Agreement, CLEC must remit all Unpaid Charges to the Billing Party SBC- 13STATE within fifteen fourteen (1514) calendar days following receipt of the Discontinuance NoticeSBC- 13STATE’s notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 10.3 If the Non-Paying Party CLEC desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete CLEC shall take all of the following actions not later than fifteen fourteen (1514) calendar days following receipt of the Billing Party’s SBC-13STATE's notice of Unpaid Charges:
12.4.1 10.3.1 notify the Billing Party SBC-13STATE in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts and Amounts”) including all of the specific details listed in Section 13.4 below of this Agreement10.4.1, together with the reasons for its dispute; and
12.4.2 10.3.2 immediately pay to SBC-13STATE all undisputed Unpaid Charges to the Billing PartyCharges; and
12.4.3 10.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with all of the requirements set forth in Section 11.10 above; and9.3.
12.4.4 furnish written evidence to the Billing Party 10.3.4 Evidence that the Non-Paying Party CLEC has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 9.3 of this Agreement and deposited a sum equal to the Disputed Amounts into that escrow account (other than must be furnished to SBC-13STATE before the Unpaid Charges will be deemed to be “disputed” under Section 15.4.1.
10.4 Issues related to Disputed Amounts arising from Intercarrier Compensation). Until evidence that shall be resolved in accordance with the full amount of procedures identified in the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionDispute Resolution provision set forth in Section 15.
Appears in 1 contract
Samples: Resale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 10.1 Failure to pay charges shall all or any portion of any amount required to be paid may be grounds for suspension or disconnection of Interconnection Services furnished under Resale Services, Network Elements and Collocation as provided for in this Agreementsection. This section does not apply to disputed charges and/or nonpayments arising from Appendix Reciprocal Compensation or Appendix Network.
10.2 If a Party fails to pay any charges billed to it under this Agreementsection, 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 send a Discontinuance Notice to such notify the Non-Paying Party. The Party in writing that in order to avoid disruption or disconnection of the Resale Services, Network Elements and/or Collocations, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen ten (1510) calendar days Business Days following receipt of the Discontinuance NoticeBilling Party's notice of Unpaid Charges.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 10.3 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 fifteen ten (1510) calendar days Business Days following receipt of the Billing Party’s 's notice of Unpaid Charges:
12.4.1 10.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts Amounts”) and the specific details listed in Section 13.4 below XX5.5 of this AgreementAppendix Invoicing, together with the reasons for its dispute; and
12.4.2 10.3.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 10.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies is mutually agreed upon by the Parties.
10.4 Issues related to Disputed Amounts shall be resolved in accordance with the requirements procedures identified in the Dispute Escalation and Resolution section set forth below.
10.5 After expiration of the written notice furnished pursuant to Section 10.2, if MCIm continues to fail to comply with Section 10.3.1 through 10.3.3, inclusive, or fails to make payment(s) in accordance with the terms of any mutually agreed payment arrangement, SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to MCIm for payment within five (5) Business Days of any of the obligations enumerated in Section 11.10 above; and10.1. On the day that SBC MISSOURI provides such written demand to MCIm, SBC MISSOURI may also exercise any or all of the following options:
12.4.4 furnish written evidence to the Billing Party that 10.5.1 suspend acceptance of any application, request or order from the Non-Paying Party has established an interest bearing escrow account that complies with for new or additional Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
10.5.2 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.
10.6 Notwithstanding anything to the contrary in this Agreement, SBC MISSOURI’s exercise of any of its options under Section 10.5, 10.5.1 and 10.5.2:
10.6.1 will not delay or relieve MCIm’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
10.6.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
10.7 A copy of the terms set forth in demand provided to MCIm under Section 11.10 above and deposited a sum equal 10.5 will be provided to the Disputed Amounts into that account (Commission.
10.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 10.5 of this Agreement, the Billing Party may, in addition to exercising any other than Disputed Amounts arising rights or remedies it may have under Applicable Law:
10.8.1 cancel any pending application, request or order from Intercarrier Compensation). Until evidence that the full amount Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
10.8.2 discontinue providing any Interconnection, Resale Services, Lawful Unbundled Network Elements Collocation, functions, facilities, products or services furnished under this Agreement.
10.9 SBC MISSOURI will notify the Commission of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Sectionnames of all Resale End User Customers whose local service was terminated pursuant to Section 10.
Appears in 1 contract
Samples: Interconnection Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 9.1 If a Party is furnished Interconnection Services Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services under the terms of this Agreement in more than one (1) state, Section 12.2 below Sections 9.1 through Section 12.19 below9.7, inclusive, shall be applied separately for each such state.
12.2 9.2 Failure to pay undisputed charges shall be grounds for disconnection of Interconnection Services Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services furnished under this Agreement. If a Party fails to either (a) pay or (b) dispute in accordance with Sections 8.4-8.8 above 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 send a Discontinuance Notice to such notify the Non-Paying Party. The Party in writing that in order to avoid disruption or disconnection of the Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services furnished under this Agreement, the Non-Paying Party must remit all undisputed Unpaid Charges to the Billing Party . within fifteen ten (1510) calendar days Business Days following receipt of the Discontinuance NoticeBilling Party's notice of Unpaid Charges.
12.3 AT&T-21STATE 9.2.1 SBC INDIANA will also provide any written notification to any the Indiana Utility Regulatory Commission as required by any State Order or Rulerule 170 IAC 7-6.
12.4 9.2.2 SBC KANSAS will also provide any written notification to the Kansas Corporation Commission as required by Order Number 5 (dated March 25, 2002) in Docket 01-GIMT-649-GIT.
9.2.3 SBC MISSOURI will also provide any written notification to the Missouri Public Service Commission as required by Rule 4 CSR 240-32.120.
9.3 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 fifteen ten (1510) calendar days Business Days following receipt of the Billing Party’s 's notice of Unpaid Charges:
12.4.1 9.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts Amounts”) and a commercially reasonable explanation of the nature of the dispute, including, to the extent commercially reasonable in the circumstances, the specific details listed in Section 13.4 below 10.4.1 of this Agreement, together with the reasons for its dispute; and
12.4.2 9.3.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 9.3.3 pay all Disputed Amounts ([other than Disputed Amounts disputed charges arising from Intercarrier Appendix Reciprocal Compensation) ] into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above8.4; and
12.4.4 9.3.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 8.4 and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges ([other than Disputed Amounts disputed charges arising from Intercarrier Appendix Reciprocal Compensation) ] has been deposited into an escrow account that complies with SectionSection 8.4 is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 10.
9.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 10.
Appears in 1 contract
Samples: Interconnection and Resale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 11.1 If a Party is furnished Interconnection Services products and/or services under the terms of this Agreement in more than one (1) state, language in Section 12.2 11.2 below through Section 12.19 below, 11.11 below inclusive, shall be applied separately for each such state.
12.2 11.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services products and/or services furnished under this Agreement. If a Party fails to pay any charges Unpaid Charges billed to it under this Agreement, including but not limited to any Late Payment Charges or Unpaid Chargesexcluding Disputed Amounts, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will may send a Discontinuance Notice written demand for payment to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges Charges, excluding Disputed Amounts, to the Billing Party within fifteen (15) calendar days of the Discontinuance Noticewritten demand for payment.
12.3 11.3 AT&T-21STATE will also provide any written notification notice of disconnection to any Commission as required by any State Order or Rule.
12.4 11.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Chargeswritten demand for payment:
12.4.1 11.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 12.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 11.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 11.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 10.12 above; and
12.4.4 11.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 10.12 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 10.12 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 12.0 below.
11.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the dispute resolution provision set forth in Section 12.0 below.
11.6 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide a second written demand to the Non-Paying Party for payment of any of the unmet obligations within ten (10) Business Days if the Non-Paying Party fails to:
11.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s written demand for payment as described in Section 11.2 above;
11.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 10.12 above within the time specified in Section 11.44 above;
11.6.3 timely furnish any Assurance of Payment requested in accordance with Section 9.0 above; or
11.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement. CN:03292017-7376 000030
11.7 On the day that the Billing Party provides such written demand to the Non-Paying Party as described in Section 11.6, in addition to exercising any other rights or remedies it may have under Applicable Law, the Billing Party may also exercise any or all of the following options:
11.7.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement;
11.7.2 and/or suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement.
11.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Sections 11.7.1 above and 11.7.2 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
11.9 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 11.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
11.9.1 cancel any pending application, request or order for new or additional Interconnection products and/or services under this Agreement;
11.9.2 disconnect any interconnection products and/or services furnished under this Agreement; and
11.9.3 discontinue providing any Interconnection products and/or services furnished under this Agreement.
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 10.1 Failure to pay charges shall all or any portion of any amount required to be paid may be grounds for suspension or disconnection of Interconnection Services furnished under Resale Services, Network Elements and Collocation as provided for in this Agreementsection. This section does not apply to disputed charges and/or nonpayments arising from Appendix Reciprocal Compensation or Appendix Network.
10.2 If a Party fails to pay any charges billed to it under this Agreementsection, 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 send a Discontinuance Notice to such notify the Non-Paying Party. The Party in writing that in order to avoid disruption or disconnection of the Resale Services, Network Elements and/or Collocations, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen ten (1510) calendar days Business Days following receipt of the Discontinuance NoticeBilling Party's notice of Unpaid Charges.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 10.3 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 fifteen ten (1510) calendar days Business Days following receipt of the Billing Party’s 's notice of Unpaid Charges:
12.4.1 10.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts Amounts”) and the specific details listed in Section 13.4 below XX5.5 of this AgreementAppendix Invoicing, together with the reasons for its dispute; and
12.4.2 10.3.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 10.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies is mutually agreed upon by the Parties.
10.4 Issues related to Disputed Amounts shall be resolved in accordance with the requirements procedures identified in the Dispute Escalation and Resolution section set forth below.
10.5 After expiration of the written notice furnished pursuant to Section 10.2, if MCIm continues to fail to comply with Section 10.3.1 through 10.3.3, inclusive, or fails to make payment(s) in accordance with the terms of any mutually agreed payment arrangement, SBC MISSOURI may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to MCIm for payment within five (5) Business Days of any of the obligations enumerated in Section 11.10 above; and10.1. On the day that SBC MISSOURI provides such written demand to MCIm, SBC MISSOURI may also exercise any or all of the following options:
12.4.4 furnish written evidence to the Billing Party that 10.5.1 suspend acceptance of any application, request or order from the Non-Paying Party has established an interest bearing escrow account that complies with for new or additional Interconnection, Resale Services, Network Elements, Collocation, functions, facilities, products or services under this Agreement; and/or
10.5.2 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.
10.6 Notwithstanding anything to the contrary in this Agreement, SBC MISSOURI’s exercise of any of its options under Section 10.5, 10.5.1 and 10.5.2:
10.6.1 will not delay or relieve MCIm’s obligation to pay all charges on each and every invoice on or before the applicable Xxxx Due Date, and
10.6.2 will exclude any affected application, request, order or service from any otherwise applicable performance interval, Performance Benchmark or Performance Measure.
10.7 A copy of the terms set forth in demand provided to MCIm under Section 11.10 above and deposited a sum equal 10.5 will be provided to the Disputed Amounts into that account (Commission.
10.8 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand letter provided under Section 10.5 of this Agreement, the Billing Party may, in addition to exercising any other than Disputed Amounts arising rights or remedies it may have under Applicable Law:
10.8.1 cancel any pending application, request or order from Intercarrier Compensation). Until evidence that the full amount Non-Paying Party for new or additional Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products or services under this Agreement; and
10.8.2 discontinue providing any Interconnection, Resale Services, Lawful Unbundled Network Elements Collocation, functions, facilities, products or services furnished under this Agreement.
10.9 SBC MISSOURI will notify the Commission of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Sectionnames of all Resale End User Customers whose local service was terminated pursuant to Section 10.
Appears in 1 contract
Samples: Interconnection Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.Section
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Page 37 of 413 Contract Id: 77169319577667 Version: 2Q17 – ICA – 06/29/17 Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services products and/or services under the terms of this Agreement in more than one (1) state, language in Section 12.2 below through Section 12.19 below, 12.11 below inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services products and/or services furnished under this Agreement. If a Party fails to pay any charges Unpaid Charges billed to it under this Agreement, including but not limited to any Late Payment Charges or Unpaid Chargesexcluding Disputed Amounts, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will may send a Discontinuance Notice written demand for payment to such Non-Paying Party. The Non-Non- Paying Party must remit all Unpaid Charges Charges, excluding Disputed Amounts, to the Billing Party within fifteen (15) calendar days of the Discontinuance Noticewritten demand for payment.
12.3 AT&T-21STATE will also provide any written notification notice of disconnection to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Chargeswritten demand for payment:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 11.12 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 11.12 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 11.12 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the dispute resolution provision set forth in Section 13.0 below.
12.6 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide a second written demand to the Non-Paying Party for payment of any of the unmet obligations within ten (10) Business Days if the Non-Paying Party fails to:
12.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s written demand for payment as described in Section 12.2 above;
12.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.12 above within the time specified in Section 12.4.4 above; CN:05132019-9387 000031
12.6.3 timely furnish any Assurance of Payment requested in accordance with Section 10.0 above; or
12.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement.
12.7 On the day that the Billing Party provides such written demand to the Non-Paying Party as described in Section 12.6, in addition to exercising any other rights or remedies it may have under Applicable Law, the Billing Party may also exercise any or all of the following options:
12.7.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement;
12.7.2 and/or suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement.
12.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Sections 12.7.1 above and 12.7.2 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
12.9 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 12.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
12.9.1 cancel any pending application, request or order for new or additional Interconnection products and/or services under this Agreement;
12.9.2 disconnect any interconnection products and/or services furnished under this Agreement; and
12.9.3 discontinue providing any Interconnection products and/or services furnished under this Agreement.
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 11.1 If a Party is furnished Interconnection Services products and/or services under the terms of this Agreement in more than one (1) state, language in Section 12.2 11.2 below through Section 12.19 below, 11.11 below inclusive, shall be applied separately for each such state.
12.2 11.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services products and/or services furnished under this Agreement. If a Party fails to pay any charges Unpaid Charges billed to it under this Agreement, including but not limited to any Late Payment Charges or Unpaid Chargesexcluding Disputed Amounts, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will may send a Discontinuance Notice written demand for payment to such Non-Paying Party. The Non-Non- Paying Party must remit all Unpaid Charges Charges, excluding Disputed Amounts, to the Billing Party within fifteen (15) calendar days of the Discontinuance Noticewritten demand for payment.
12.3 11.3 AT&T-21STATE will also provide any written notification notice of disconnection to any Commission as required by any State Order or Rule.
12.4 11.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:written demand for payment: CN:04072021-10285 000029
12.4.1 11.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 12.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 11.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 11.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 10.12 above; and
12.4.4 11.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 10.12 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 10.12 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 12.0 below.
11.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the dispute resolution provision set forth in Section 12.0 below.
11.6 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide a second written demand to the Non-Paying Party for payment of any of the unmet obligations within ten (10) Business Days if the Non-Paying Party fails to:
11.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s written demand for payment as described in Section 11.2 above;
11.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 10.12 above within the time specified in Section 11.44 above;
11.6.3 timely furnish any Assurance of Payment requested in accordance with Section 9.0 above; or
11.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement.
11.7 On the day that the Billing Party provides such written demand to the Non-Paying Party as described in Section 11.6, in addition to exercising any other rights or remedies it may have under Applicable Law, the Billing Party may also exercise any or all of the following options:
11.7.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement;
11.7.2 and/or suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement.
11.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Sections 11.7.1 above and 11.7.2 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
11.9 If the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 11.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
11.9.1 cancel any pending application, request or order for new or additional Interconnection products and/or services under this Agreement;
11.9.2 disconnect any interconnection products and/or services furnished under this Agreement; and
11.9.3 discontinue providing any Interconnection products and/or services furnished under this Agreement.
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 10.1 If a Party CLEC is furnished Interconnection Services services under the terms of this Agreement in more than one (1) state, Section 12.2 below Sections 10.1 through Section 12.19 below10.7, inclusive, shall be applied separately for each such state.
12.2 10.2 Failure to pay charges shall may be grounds for disconnection termination of Interconnection Services furnished under this Agreement. If a Party CLEC fails to pay by the Xxxx Due Date, any and all charges billed to it under this Agreement, including but not limited to any Late Payment Charges or Unpaid Chargesmiscellaneous charges ("UNPAID CHARGES"), and any portion of such Unpaid Charges remain unpaid fifteen (15) calendar days after the Bill Xxxx Due Date, SBC-13STATE shall notify CLEC in writing that in order to avoid disruption or disconnection of the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party services furnished under this Agreement, CLEC must remit all Unpaid Charges to the Billing Party SBC-13STATE within fifteen fourteen (1514) calendar days following receipt of the Discontinuance NoticeSBC-13STATE's notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 10.3 If the Non-Paying Party CLEC desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete CLEC shall take all of the following actions not later than fifteen fourteen (1514) calendar days following receipt of the Billing Party’s SBC-13STATE's notice of Unpaid Charges:
12.4.1 10.3.1 notify the Billing Party SBC-13STATE in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and amount disputed ("DISPUTED AMOUNTS") including all of the specific details listed in Section 13.4 below of this Agreement10.4.1, together with the reasons for its dispute; and
12.4.2 10.3.2 immediately pay to SBC-13STATE all undisputed Unpaid Charges to the Billing PartyCharges; and
12.4.3 10.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with all of the requirements set forth in Section 11.10 above; and9.3.
12.4.4 furnish written evidence to the Billing Party 10.3.4 Evidence that the Non-Paying Party CLEC has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 9.3 of this Agreement and deposited a sum equal to the Disputed Amounts into that escrow account (other than must be furnished to SBC-13STATE before the Unpaid Charges will be deemed to be "disputed" under Section 15.4.1.
10.4 Issues related to Disputed Amounts arising from Intercarrier Compensation). Until evidence that shall be resolved in accordance with the full amount of procedures identified in the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionDispute Resolution provision set forth in Section 15.
Appears in 1 contract
Samples: Resale Agreement (Essential Com Inc)
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges charges, or a deposit demand shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 9.1 If a Party is furnished Interconnection Services Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services under the terms of this Agreement in more than one (1) state, Section 12.2 below Sections 9.1 through Section 12.19 below9.7, inclusive, shall be applied separately for each such state.
12.2 9.2 Failure to pay undisputed charges shall be grounds for disconnection of Interconnection Services Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services furnished under this Agreement. If a Party fails to either (a) pay or (b) dispute in accordance with Sections 8.4-8.8 above 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 send a Discontinuance Notice to such notify the Non-Paying Party. The Party in writing that in order to avoid disruption or disconnection of the Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services furnished under this Agreement, the Non-Paying Party must remit all undisputed Unpaid Charges to the Billing Party . within fifteen ten (1510) calendar days Business Days following receipt of the Discontinuance NoticeBilling Party's notice of Unpaid Charges.
12.3 AT&T-21STATE 9.2.1 SBC INDIANA will also provide any written notification to any the Indiana Utility Regulatory Commission as required by any State Order or Rulerule 170 IAC 7-6.
12.4 9.2.2 SBC KANSAS will also provide any written notification to the Kansas Corporation Commission as required by Order Number 5 (dated March 25, 2002) in Docket 01-GIMT-649-GIT.
9.2.3 SBC MISSOURI will also provide any written notification to the Missouri Public Service Commission as required by Rule 4 CSR 240-32.120.
9.3 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 fifteen ten (1510) calendar days Business Days following receipt of the Billing Party’s 's notice of Unpaid Charges:
12.4.1 9.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts Amounts”) and a commercially reasonable explanation of the nature of the dispute, including, to the extent commercially reasonable in the circumstances, the specific details listed in Section 13.4 below 10.4.1 of this Agreement, together with the reasons for its dispute; and
12.4.2 9.3.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 9.3.3 pay all Disputed Amounts ([other than Disputed Amounts disputed charges arising from Intercarrier Appendix Reciprocal Compensation) ] into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above8.4; and
12.4.4 9.3.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 8.4 and deposited a sum equal to the Disputed Amounts [other than disputed charges arising from Appendix Reciprocal Compensation] into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges ([other than Disputed Amounts disputed charges arising from Intercarrier Appendix Reciprocal Compensation) ] has been deposited into an escrow account that complies with SectionSection 8.4 is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 10.
9.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 10.
Appears in 1 contract
Samples: Interconnection and Resale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 11.10 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.0 below.
12.6 If the Non-Paying Party fails to:
12.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 12.2 above;
12.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above within the time specified in Section 12.2 above;
12.6.3 timely furnish any assurance of payment requested in accordance with Section 10.4 above; or
12.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement.
12.6.5 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in 12.6.1 through 12.6.4 above within ten (10) Business Days. On the day that the Billing Party provides such written demand to the Non-Paying Party, the Billing Party may also exercise any or all of the following options:
12.6.5.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection Service(s);
12.6.5.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection Service(s).
12.7 Where required, a copy of the demand provided to CLEC under Section 12.6 above will also be provided to the Commission at the same time.
12.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Section 12.6.5 above, and Sections 12.6.5.1 above and 12.6.5.2 above:
12.8.1 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
12.8.2 will exclude any affected application, request, order or service from any otherwise Performance Measure.
12.9 For AT&T MIDWEST REGION 5-STATE only, if the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 12.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
12.9.1 cancel any pending application, request or order for new or additional Interconnection Services, under this Agreement; and
12.9.2 disconnect any Interconnection Services furnished under this Agreement;
12.9.3 discontinue providing any Interconnection Services furnished under this Agreement.
12.9.3.1 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by:
12.9.3.1.1 AT&T INDIANA will comply with Indiana Utility Regulatory Commission Rule 170 IAC 7-6,
12.10 On the same date that Resale Services to CLEC are disconnected, AT&T-7STATE will start to provide service to CLEC’s Resale End Users for a limited transition period. To the extent feasible, these Resale End Users will receive the same services that were provided through CLEC immediately prior to the time of transfer; provided, however, AT&T-7STATE reserves the right to toll restrict (both interLATA and intraLATA) such transferred End Users.
12.10.1 Notwithstanding any inconsistent provisions in this Agreement, the provision of services of Resale End Users in AT&T MISSOURI will comply with Missouri Public Service Commission Rule 4 CSR 240-32.120.
12.10.2 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by AT&T KANSAS will comply with Kansas Corporation Commission Order Number 5 (dated March 25, 2002) in Docket 01- GIMT-649-GIT.
12.11 AT&T-7STATE will inform the Commission of the names of all Resale End Users affected by this process.
12.12 Any charges for services provided to the Resale End Users by AT&T-7STATE as specified in Section 12.16 below will be billed to CLEC.
12.13 The Billing Party has no liability to the Non-Paying Party or its End Users in the event of disconnection of service in compliance with Section 12.17 below thru Section 12.18.1 below. AT&T-7STATE has no liability to CLEC or CLEC’s End Users in the event of disconnection of service to CLEC and the provision of service for a limited transition period for any Resale End Users by AT&T-7STATE in connection with such disconnection.
12.14 Additional charges may become applicable under the terms of this Agreement following discontinuance of service.
12.15 Within five (5) calendar days following the disconnection, AT&T-7STATE will notify each Resale End User that because of CLEC’s failure to pay AT&T-7STATE, the End User’s local service is now being provided by AT&T- 7STATE. This notification will also advise each Resale End User that the End User has thirty (30) calendar days from the date of transfer to select a new LSP.
12.16 The Resale End User shall be responsible for any and all charges incurred during the selection period other than those billed to CLEC under Section 12.19 below.
12.17 If any Resale End User provided service by AT&T-7STATE under Section 12.18 below of this Agreement fails to select a new LSP within thirty (30) calendar days of the transfer AT&T-7STATE, may terminate the Resale End User’s service.
12.18 Nothing in this Agreement shall be interpreted to obligate to AT&T-7STATE 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-7STATE has with regard to such transferred Resale End Users under Applicable Law; provided, however,
12.18.1 In AT&T CALIFORNIA only, following expiration of the selection period and disconnection of such Resale End Users, where facilities permit, AT&T CALIFORNIA will furnish the disconnected local residential End Users with “quick dial tone”.
12.19 Limitation on Back-billing and Credit Claims; Exceptions to Limitation for Certain Situations (True-Ups):
12.19.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to:
12.19.1.1 Back-bill for or claim credit for any charges for services provided pursuant to this Agreement that are found to be unbilled, under-billed or over-billed, but only when such charges appeared or should have appeared on a bill dated within the twelve (12) months immediately preceding the date on which the Billing Party provided written notice to the Billed Party of the amount of the back-billing or the Billed Party provided written notice to the Billing Party of the claimed credit amount. The Parties agree that the twelve (12) month limitation on back-billing and credit claims set forth in the preceding sentence shall be applied prospectively only after the Effective Date of this Agreement, meaning that the twelve (12) month period for any back-billing or credit claims may only include billing periods that fall entirely after the Effective Date of this Agreement and will not include any portion of any billing period that began prior to the Effective Date of this Agreement. Nothing herein shall prohibit either Party from rendering bills or collecting for any Interconnection Service(s) more than twelve (12) months after the Interconnection Service(s) was provided when the ability or right to charge or the proper charge for the Interconnection Service(s) was the subject of an arbitration or other Commission docket or any FCC order, including any appeal of such arbitration, docket or FCC order. In such cases (hereinafter a “true- up”), the time period for billing shall be the longer of (a) the period specified by the commission in the final order allowing or approving such charge or (b) eighteen (18) months from the date of the final order allowing or approving such charge or (c) twelve (12) months from the date of approval of any executed amendment to this Agreement required to implement such charge.
12.19.1.2 Back-billing and credit claims, and true-ups, as limited above, will apply to all Interconnection Services purchased under this Agreement, except that Intercarrier Compensation is specifically excluded from this Section 12.0.
Appears in 1 contract
Samples: Wholesale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 9.1 Unless otherwise specified therein, Sections 9.1, 9.2, 9.3, 9.4 and 9.5 shall apply to all charges billed for all services Interconnection, Resale Services, Network Elements, functions, facilities, products and services furnished under this Agreement. Section 9.6 shall apply only to Resale Services and Network Elements furnished under this Agreement.
9.1.1 If a Party is furnished Interconnection Services services under the terms of this Agreement in more than one (1) state, Section 12.2 below Sections 9.1 through Section 12.19 below9.7, inclusive, shall be applied separately for each such state.
12.2 9.2 Failure to pay charges shall may be grounds for disconnection termination of Interconnection Services furnished under this Agreement. If a Party fails to pay by the Xxxx Due Date, any and all 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 send a Discontinuance Notice to such shall notify the Non-Paying Party. The Non-Party in writing that in order to avoid disruption or disconnection of the applicable Interconnection, Resale Services, Network Elements, functions, facilities, products and services furnished under this Agreement, the Non- Paying Party must remit all Unpaid Charges to the Billing Party within Party.
9.2.1 With respect to Resale Services and Network Elements, SBC-ILEC will notify CLEC of any Unpaid Charges that remain unpaid fifteen (15) calendar days after the Xxxx Due Date and that CLEC must remit payment within fourteen (14) calendar days following receipt of the Discontinuance NoticeSBC-ILEC’s notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 9.3 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Non- Paying Party must complete shall take all of the following actions not later than fifteen fourteen (1514) calendar days following receipt of the Billing Party’s 's notice of Unpaid Charges:
12.4.1 9.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts Amounts”) and the specific details listed in Section 13.4 below 10.4.1 of this Agreement, together with the reasons for its dispute; and
12.4.2 9.3.2 immediately pay to the Billing Party all undisputed Unpaid Charges to the Billing PartyCharges; and
12.4.3 9.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) relating to Resale Services and Network Elements into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and8.4.
12.4.4 furnish written 9.3.4 With respect to Resale Services and Network Elements, evidence to the Billing Party that the Non-Non- Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 8.4 and deposited a sum equal to the Disputed Amounts into that account (other than must be furnished to the Billing Party before the Unpaid Charges will be deemed to be “disputed” under Section 10 of this Agreement.
9.4 Issues related to Disputed Amounts arising from Intercarrier Compensation). Until evidence that shall be resolved in accordance with the full amount of procedures identified in the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionDispute Resolution provision set forth in Section 10.
Appears in 1 contract
Samples: Interconnection Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 11.1 If a Party is furnished Interconnection Services products and/or services under the terms of this Agreement in more than one (1) state, language in Section 12.2 11.2 below through Section 12.19 below, 11.11 below inclusive, shall be applied separately for each such state.
12.2 11.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services products and/or services furnished under this Agreement. If a Party fails to pay any charges Unpaid Charges billed to it under this Agreement, including but not limited to any Late Payment Charges or Unpaid Chargesexcluding Disputed Amounts, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will may send a Discontinuance Notice written demand for payment to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges Charges, excluding Disputed Amounts, to the Billing Party within fifteen (15) calendar days of the Discontinuance Noticewritten demand for payment.
12.3 11.3 AT&T-21STATE will also provide any written notification notice of disconnection to any Commission as required by any State Order or Rule.
12.4 11.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Chargeswritten demand for payment:
12.4.1 11.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 12.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 11.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 11.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 10.12 above; and
12.4.4 11.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 10.12 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 10.12 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 12.0 below.
11.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the dispute resolution provision set forth in Section 12.0 below.
11.6 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide a second written demand to the Non-Paying Party for payment of any of the unmet obligations within ten (10) Business Days if the Non-Paying Party fails to:
11.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s written demand for payment as described in Section 11.2 above;
11.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 10.12 above within the time specified in Section 11.44 above;
11.6.3 timely furnish any Assurance of Payment requested in accordance with Section 9.0 above; or
11.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement. Page 32 of 339 Contract Id: 8363332 11.7 On the day that the Billing Party provides such written demand to the Non-Paying Party as described in Section 11.6, in addition to exercising any other rights or remedies it may have under Applicable Law, the Billing Party may also exercise any or all of the following options:
11.7.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement;
11.7.2 and/or suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection products and/or services under this Agreement.
Appears in 1 contract
Samples: Wholesale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 10.1 If a Party CLEC is furnished Interconnection Services services under the terms of this Agreement in more than one (1) state, Section 12.2 below Sections 10.1 through Section 12.19 below10.7, inclusive, shall be applied separately for each such state.
12.2 10.2 Failure to pay charges shall may be grounds for disconnection termination of Interconnection Services furnished under this Agreement. If a Party CLEC fails to pay by the Xxxx Due Date, any and all 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 fifteen (15) calendar days after the Bill Xxxx Due Date, SBC-13STATE shall notify CLEC in writing that in order to avoid disruption or disconnection of the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party services furnished under this Agreement, CLEC must remit all Unpaid Charges to the Billing Party SBC-13STATE within fifteen fourteen (1514) calendar days following receipt of the Discontinuance NoticeSBC-13STATE’s notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 10.3 If the Non-Paying Party CLEC desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete CLEC shall take all of the following actions not later than fifteen fourteen (1514) calendar days following receipt of the Billing Party’s SBC-13STATE's notice of Unpaid Charges:
12.4.1 10.3.1 notify the Billing Party SBC-13STATE in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts and Amounts”) including all of the specific details listed in Section 13.4 below of this Agreement10.4.1, together with the reasons for its dispute; and
12.4.2 10.3.2 immediately pay to SBC-13STATE all undisputed Unpaid Charges to the Billing PartyCharges; and
12.4.3 10.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with all of the requirements set forth in Section 11.10 above; and9.3.
12.4.4 furnish written evidence to the Billing Party 10.3.4 Evidence that the Non-Paying Party CLEC has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 9.3 of this Agreement and deposited a sum equal to the Disputed Amounts into that escrow account (other than must be furnished to SBC-13STATE before the Unpaid Charges will be deemed to be “disputed” under Section 15.4.1.
10.4 Issues related to Disputed Amounts arising from Intercarrier Compensation). Until evidence that shall be resolved in accordance with the full amount of procedures identified in the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionDispute Resolution provision set forth in Section 15.
Appears in 1 contract
Samples: Resale Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 9.1 Unless otherwise specified therein, Sections 9.1, 9.2, 9.3, 9.4 and 9.5 shall apply to all charges billed for all services Interconnection, Resale Services, Network Elements, functions, facilities, products and services furnished under this Agreement. Section 9.6 shall apply only to Resale Services and Networ k Elements furnished under this Agreement.
9.1.1 If a Party is furnished Interconnection Services services under the terms of this Agreement in more than one (1) state, Section 12.2 below Sections 9.1 through Section 12.19 below9.7, inclusive, shall be applied separately for each such state.
12.2 9.2 Failure to pay charges shall may be grounds for disconnection termination of Interconnection Services furnished under this Agreement. If a Party fails to pay by the Bill Due Date, any and all 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 send a Discontinuance Notice shall notify the Non -Paying Party in writing that in order to such Non-Paying Party. The Non-Paying avoid disruption or disconnection of the applicable Interconnection, Resale Services, Network Elements, functions, faciliti es, products and services furnished under this Agreement, the Non -Paying Party must remit all Unpaid Charges to the Billing Party within Party.
9.2.1 With respect to Resale Services and Network Elements, SBC-13STATE will notify SCC of any Unpaid Charges that remain unpaid fifteen (15) calendar days after the Bill Due Date and that SCC must remit payment within fourteen (14) calendar days following receipt of the Discontinuance NoticeSBC-13STATE’s notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 9.3 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete shall take all of the following actions not later than fifteen fourteen (1514) calendar days following receipt of the Billing Party’s 's notice of Unpaid Charges:
12.4.1 9.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts Amounts”) and the specific details listed in Section 13.4 below 10.4.1 of this Agreement, together with the reasons for its dispute; and
12.4.2 9.3.2 immediately pay to the Billing Party all undisputed Unpaid Charges to the Billing PartyCharges; and
12.4.3 9.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) relating to Resale Services and Network Elements into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and8.4.
12.4.4 furnish written 9.3.4 With respect to Resale Services and Network Elements, evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above 8.4 and deposited a sum equal to the Disputed Amounts into that account (other than must be furnished to the Billing Party before the Unpaid Charges will be deemed to be “disputed” under Section 10 of this Agreement.
9.4 Issues related to Disputed Amounts arising from Intercarrier Compensation). Until evidence that shall be resolved in accordance with the full amount of procedures identified in the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionDispute Resolution provision set forth in Section 10.
Appears in 1 contract
Samples: Interconnection Agreement
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and
12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with SectionSection 11.10 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.5 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.0 below.
12.6 If the Non-Paying Party fails to:
12.6.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 12.2 above;
12.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above within the time specified in Section 12.2 above;
12.6.3 timely furnish any assurance of payment requested in accordance with Section 10.4 above; or
12.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement.
12.6.5 The Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in 12.6.1 through 12.6.4 above within ten (10) Business Days. On the day that the Billing Party provides such written demand to the Non-Paying Party, the Billing Party may also exercise any or all of the following options:
12.6.5.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Interconnection Service(s);
12.6.5.2 suspend completion of any pending application, request or order from the Non-Paying Party for new or additional Interconnection Service(s). CN:07072017-8312 000033
12.7 Where required, a copy of the demand provided to CLEC under Section 12.6 above will also be provided to the Commission at the same time.
12.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under Section 12.6.5 above, and Sections 12.6.5.1 above and 12.6.5.2 above:
12.8.1 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
12.8.2 will exclude any affected application, request, order or service from any otherwise Performance Measure.
12.9 For AT&T MIDWEST REGION 5-STATE only, if the Non-Paying Party fails to pay the Billing Party on or before the date specified in the demand provided under Section 12.6 above of this Agreement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law:
12.9.1 cancel any pending application, request or order for new or additional Interconnection Services, under this Agreement; and
12.9.2 disconnect any Interconnection Services furnished under this Agreement;
12.9.3 discontinue providing any Interconnection Services furnished under this Agreement.
12.9.3.1 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by:
12.9.3.1.1 AT&T INDIANA will comply with Indiana Utility Regulatory Commission Rule 170 IAC 7-6,
12.10 On the same date that Resale Services to CLEC are disconnected, AT&T-7STATE will start to provide service to CLEC’s Resale End Users for a limited transition period. To the extent feasible, these Resale End Users will receive the same services that were provided through CLEC immediately prior to the time of transfer; provided, however, AT&T-7STATE reserves the right to toll restrict (both interLATA and intraLATA) such transferred End Users.
12.10.1 Notwithstanding any inconsistent provisions in this Agreement, the provision of services of Resale End Users in AT&T MISSOURI will comply with Missouri Public Service Commission Rule 4 CSR 240-32.120.
12.10.2 Notwithstanding any inconsistent provisions in this Agreement, discontinuance of service by AT&T KANSAS will comply with Kansas Corporation Commission Order Number 5 (dated March 25, 2002) in Docket 01- GIMT-649-GIT.
12.11 AT&T-7STATE will inform the Commission of the names of all Resale End Users affected by this process.
12.12 Any charges for services provided to the Resale End Users by AT&T-7STATE as specified in Section 12.16 below will be billed to CLEC.
12.13 The Billing Party has no liability to the Non-Paying Party or its End Users in the event of disconnection of service in compliance with Section 12.17 below thru Section 12.18.1 below. AT&T-7STATE has no liability to CLEC or CLEC’s End Users in the event of disconnection of service to CLEC and the provision of service for a limited transition period for any Resale End Users by AT&T-7STATE in connection with such disconnection.
12.14 Additional charges may become applicable under the terms of this Agreement following discontinuance of service.
12.15 Within five (5) calendar days following the disconnection, AT&T-7STATE will notify each Resale End User that because of CLEC’s failure to pay AT&T-7STATE, the End User’s local service is now being provided by AT&T- 7STATE. This notification will also advise each Resale End User that the End User has thirty (30) calendar days from the date of transfer to select a new LSP.
12.16 The Resale End User shall be responsible for any and all charges incurred during the selection period other than those billed to CLEC under Section 12.19 below.
12.17 If any Resale End User provided service by AT&T-7STATE under Section 12.18 below of this Agreement fails to select a new LSP within thirty (30) calendar days of the transfer AT&T-7STATE, may terminate the Resale End User’s service. CN:07072017-8312 000034
12.18 Nothing in this Agreement shall be interpreted to obligate to AT&T-7STATE 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-7STATE has with regard to such transferred Resale End Users under Applicable Law; provided, however,
12.18.1 In AT&T CALIFORNIA only, following expiration of the selection period and disconnection of such Resale End Users, where facilities permit, AT&T CALIFORNIA will furnish the disconnected local residential End Users with “quick dial tone”.
12.19 Limitation on Back-billing and Credit Claims; Exceptions to Limitation for Certain Situations (True-Ups):
12.19.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to:
12.19.1.1 Back-bill for or claim credit for any charges for services provided pursuant to this Agreement that are found to be unbilled, under-billed or over-billed, but only when such charges appeared or should have appeared on a bill dated within the twelve (12) months immediately preceding the date on which the Billing Party provided written notice to the Billed Party of the amount of the back-billing or the Billed Party provided written notice to the Billing Party of the claimed credit amount. The Parties agree that the twelve (12) month limitation on back-billing and credit claims set forth in the preceding sentence shall be applied prospectively only after the Effective Date of this Agreement, meaning that the twelve (12) month period for any back-billing or credit claims may only include billing periods that fall entirely after the Effective Date of this Agreement and will not include any portion of any billing period that began prior to the Effective Date of this Agreement. Nothing herein shall prohibit either Party from rendering bills or collecting for any Interconnection Service(s) more than twelve (12) months after the Interconnection Service(s) was provided when the ability or right to charge or the proper charge for the Interconnection Service(s) was the subject of an arbitration or other Commission docket or any FCC order, including any appeal of such arbitration, docket or FCC order. In such cases (hereinafter a “true- up”), the time period for billing shall be the longer of (a) the period specified by the commission in the final order allowing or approving such charge or (b) eighteen (18) months from the date of the final order allowing or approving such charge or (c) twelve (12) months from the date of approval of any executed amendment to this Agreement required to implement such charge.
12.19.1.2 Back-billing and credit claims, and true-ups, as limited above, will apply to all Interconnection Services purchased under this Agreement, except that Intercarrier Compensation is specifically excluded from this Section 12.0.
Appears in 1 contract
Samples: Telecommunications
NONPAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished Interconnection Products and/or Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 12.10 below, inclusive, shall be applied separately for each such state.
12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Products and/or Services furnished 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 Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Xxxx Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice.
12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule.
12.4 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 fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges:
12.4.1 12.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and
12.4.2 12.3.2 pay all undisputed Unpaid Charges to the Billing Party; and
12.4.3 12.3.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 11.9 above; and
12.4.4 12.3.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 11.9 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation)account. Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section 11.9 above is furnished to the Billing Party, such Unpaid Charges will not be deemed to be “disputed” under Section 13.0 below.
12.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13.0 below.
12.5 If the Non-Paying Party fails to:
12.5.1 pay any undisputed Unpaid Charges in response to the Billing Party’s Discontinuance Notice as described in Section 12.2 above.
12.5.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies with all of the terms set forth in Section 11.9 above within the time specified in Section 12.2 above.
12.5.3 timely furnish any assurance of payment requested in accordance with Section 10.4 above; or
12.5.4 make a payment in accordance with the terms of any mutually agreed payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for payment of any of the obligations set forth in (a) through (d) of this Section 12.0 within ten (10) Business Days.
12.5.5 If by 5:00 p.m. Central Time of the 10th day following receipt of a notice under this Section, CARRIER fails to (a) fully comply with each of Sections 12.3 through 12.5.4, or (b) make a payment in accordance with the terms of any mutually agreed payment arrangement then agreed to by the Parties, AT&T-22STATE may, in addition to exercising any other rights or remedies it may have under law, take any or all of the following actions, without any further notice to CARRIER:
12.5.5.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or additional Products and/or Services under this Agreement;
Appears in 1 contract
Samples: General Terms and Conditions (Lightyear Network Solutions, Inc.)