Other Types of Traffic. 8.1 Notwithstanding any other provision of this Agreement or any Tariff: (a) the Parties’ rights and obligations with respect to any intercarrier compensation that may be due in connection with their exchange of ISP-bound Traffic shall be governed by the terms of the FCC Internet Order and other applicable FCC orders and FCC Regulations; and (b) the Parties’ rights and obligations with respect to any intercarrier compensation that may be due in connection with their exchange of Internet Traffic other than ISP-bound Traffic shall be governed by Applicable Law. If the FCC Internet Order or any other FCC order or FCC Regulation, or any FCC established intercarrier compensation rate, applicable to ISP-bound Traffic or Internet Traffic is vacated, reversed, revised, modified, or amended, by a court of competent jurisdiction or the FCC, the Parties shall promptly renegotiate in good faith and amend in writing this Agreement in accordance with Section 4 (“Applicable Law”) of the General Terms and Conditions to conform the Agreement to Applicable Law. If the Parties cannot agree within thirty (30) days of the effective date of such decision or order by a court of competent jurisdiction or the FCC on the amendment, if any, that is required to conform the Agreement to Applicable Law pursuant to this Section 8.1, either Party may submit the disagreement to the Commission or to another governmental body of applicable jurisdiction and the decision resolving such dispute shall be effective retroactive to the effective date of such decision or order by a court of competent jurisdiction or the FCC.
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Other Types of Traffic. 8.1 Notwithstanding any other provision of this Agreement or any Tariff: (a) the Parties’ rights and obligations with respect to any intercarrier compensation that may be due in connection with their exchange of ISP-bound Traffic shall be governed by the terms of the FCC Internet Order and other applicable FCC orders and FCC Regulations; and (b) the Parties’ rights and obligations with respect to any intercarrier compensation that may be due in connection with their exchange of Internet Traffic other than ISP-bound Traffic shall be governed by Applicable Law. If the FCC Internet Order or any other FCC order or FCC Regulation, or any FCC established intercarrier compensation rate, applicable to ISP-bound Traffic or Internet Traffic is vacated, reversed, revised, modified, or amended, by a court of competent jurisdiction or the FCC, the Parties shall promptly renegotiate in good faith and amend in writing this Agreement in accordance with Section 4 (“Applicable Law”) of the General Terms and Conditions to conform the Agreement to Applicable Law. If the Parties cannot agree within thirty (30) days of the effective date of such decision or order by a court of competent jurisdiction or the FCC on the amendment, if any, that is required to conform the Agreement to Applicable Law pursuant to this Section 8.1, either Party may submit the disagreement to the Commission or to another governmental body of applicable jurisdiction and the decision resolving such dispute shall be effective retroactive to the effective date of such decision or order by a court of competent jurisdiction or the FCC.FCC.
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Samples: Agreement
