PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five (45) days after the date of the billing party’s mailing. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five (45) calendar days after the date of the billing party’s mailing. 9.2 If CLEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from CLEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available to AT&T OKLAHOMA as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge will be assessed as provided in Sections 9.2.1 and 9.2.2, as applicable. 9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than the AT&T OKLAHOMA Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than AT&T OKLAHOMA's XXXX will comply with the process set forth in the AT&T OKLAHOMA intrastate access services tariff. 9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMA’s XXXX is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any Past Due Oklahoma balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing. 9.2.3 All billing disputes between the Parties shall be governed by this Section and Section 13. 9.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due all undisputed amounts to the Billing Party.
Appears in 7 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five thirty (4530) days after from the date of the invoice. Should the invoice mailing be delayed for reasons beyond the control of SBC Missouri or the Billed Party, the Xxxx Due Date shall be adjusted by the number of days the invoice mailing was delayed. Any late payment charges rendered to the Billed Party shall be credited if directly related to the delay in mailing a billing party’s mailinginvoice. For purposes of this Agreement, the “Bill Xxxx Due Date” shall be defined to mean forty-five thirty (4530) calendar days after from the date of the billing party’s mailinginvoice is mailed by SBC.
9.2 If CLEC fails to remit payment for any charges for services by the Bill Xxxx Due Date, or if a payment for or any portion of the charges a payment is received from CLEC after the Bill Xxxx Due Date, or if a payment for or any portion of the charges a payment is received in funds which are not immediately available to AT&T OKLAHOMA SBC MISSOURI as of the Bill Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge will shall be assessed as provided in Sections 9.2.1 and through 9.2.2, as applicable.
9.2.1 If any undisputed charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA SBC MISSOURI billing system other than the AT&T OKLAHOMA SBC MISSOURI Customer Records Information System (XXXX) becomes Past Due, the unpaid undisputed amounts shall bear interest from the day following the Bill Xxxx Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA SBC MISSOURI Missouri intrastate access services tariff in that state or and (ii) the highest rate of interest that may be charged under Oklahoma Applicable Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA SBC MISSOURI billing system other than AT&T OKLAHOMA's SBC MISSOURI' XXXX will comply with the process set forth in the AT&T OKLAHOMA SBC MISSOURI intrastate access services tariff.
9.2.2 If any undisputed charge incurred under this Agreement that is billed out of AT&T OKLAHOMASBC MISSOURI’s XXXX system is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any the unpaid undisputed amounts shall bear interest from the Xxxx Due Date until paid. The interest rate applied to SBC MISSOURI XXXX-billed Past Due Oklahoma balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties unpaid amounts shall be governed by this Section the lesser of (i) the rate used to compute the Late Payment Charge contained in the SBC MISSOURI General Exchange tariff for business End Users in Missouri or (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and Section 13including the date that the payment is actually made and available.
9.3 The Parties shall make all payments to one another via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by each Party. Remittance information will be communicated together with the funds transfer via the ACH network. The Parties must use the CCD+ or the CTX transaction set. The Parties will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer must be received by the Billing Party no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. Neither Party will be liable for any delays in receipt of funds or errors in entries caused by the other Party or Third Parties, including the Paying Party's financial institution. Each Party is responsible for its own banking fees.
9.3.1 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed. Each Party will be responsible for any Late Payment Charges resulting from that Party’s failure to use electronic funds credit transfers through the ACH network.
9.4 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) mustParty”)must, prior to the Bill Xxxx Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is are listed in Section 13.4.49.2.1. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due due:(i) all undisputed amounts to the Billing Party, and (ii) those disputed amounts that are required to be paid into escrow within 60 30 business days of the submission date of the dispute pursuant to this Section, which must be deposited into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria:
9.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
9.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
9.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers.
9.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the Non-Paying Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
9.4.4.1 The escrow account must be an interest bearing account;
9.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the Non-Paying Party;
9.4.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
9.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and
9.4.4.5 Disbursements from the escrow account shall be limited to those:
9.4.4.5.1 authorized in writing by both the Non-Paying Party and the Billing Party (that is, signature(s) from representative(s) of the Non-Paying Party only are not sufficient to properly authorize any disbursement); or
9.4.4.5.1 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 9.7; or made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 9.7; or
9.5 Disputed Amounts in escrow shall not be subject to late payment charges as set forth in Section 8.1.5.
9.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in paragraph 13.
9.7 If the Non-Paying Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying Party, the Parties shall cooperate to ensure that all of the following actions are completed:
9.7.1 the Billing Party shall credit the invoice of the Non-Paying Party for that portion of the Disputed Amounts resolved in favor of the Non-Paying Party, together with any Late Payment Charges assessed with respect thereto, no later than the second Xxxx Due Date after resolution of the Dispute;
9.7.1.1 within ten (10) Business days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Non-Paying Party shall be released to the Non-Paying Party, together with any accrued interest thereon;
9.7.1.2 within ten (10) Business days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Billing Party shall be released to the Billing Party, together with any accrued interest thereon; and
9.7.1.3 no later than the third Xxxx Due Date after resolution of the dispute, the Non-Paying Party will pay the Billing Party the difference between the amount of accrued interest the Billing Party received from the escrow disbursement and the amount of Late Payment Charges the Billing Party is entitled to receive pursuant to Section 9.4.
9.8 If the Non-Paying Party disputes any charges and the entire dispute is resolved in favor of the Billing Party, the Parties will cooperate to ensure that all of the actions required by Section 9.7.1.1 and Section 9.7.1.3 are completed within the times specified therein.
9.9 Failure by the Non-Paying Party to pay any charges determined to be owed to the Billing Party within the times specified in Section 9.7 shall be grounds for termination of the Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided under this Agreement.
9.10 If either Party requests one or more additional copies of a xxxx, the requesting Party will pay the Billing Party a reasonable fee for each additional copy, unless such copy was requested due to failure in delivery of the original xxxx or correction(s) to the original xxxx.
9.10.1 Each additional copy of any xxxx provided for billing from SBC MISSOURI' Carrier Access Billing System (CABS) billing system will incur charges as specified in Access Service Tariff FCC No. 73 Section 13 Alternate Xxxx Media.
9.10.2 Bills provided to CLEC from SBC MISSOURI' XXXX system through Xxxx Plus will incur charges as specified in Appendix Pricing.
Appears in 1 contract
Samples: Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five (45) days after on or before the date of the billing party’s mailingnext bill date. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five (45) a calendar days after month from the date of the billing party’s mailingbill date.
9.2 If CLEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from CLEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available to AT&T OKLAHOMA as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge will be assessed as provided in Sections 9.2.1 and 9.2.2, as applicable.
9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than the AT&T OKLAHOMA Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Illinois Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than AT&T OKLAHOMAAT&T's XXXX will comply with the process set forth in the AT&T OKLAHOMA intrastate access services tariff.
9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMAAT&T’s XXXX is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any Past Due Oklahoma Illinois balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties shall be governed by this Section and Section 13.
9.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due all undisputed amounts to the Billing Party.Section
Appears in 1 contract
Samples: Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five (45) days after the date of the billing party’s mailing. bill date.. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five (45) calendar days after the date of the billing party’s mailingbill date.
9.2 If CLEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from CLEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available to AT&T OKLAHOMA as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge will be assessed as provided in Sections 9.2.1 and 9.2.2, as applicable.
9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than the AT&T OKLAHOMA Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Kansas Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than AT&T OKLAHOMA's XXXX will comply with the process set forth in the AT&T OKLAHOMA intrastate access services tariff.tariff.
9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMAAT&T’s XXXX is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any Past Due Oklahoma Kansas balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties shall be governed by this Section and Section 13.
9.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due all undisputed amounts to the Billing Party.
Appears in 1 contract
Samples: Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five (45) days after on or before the date of the billing party’s mailingbill date. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five (45) calendar days after on or before the date of the billing party’s mailingnext bill date.
9.2 If CLEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from CLEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available to AT&T OKLAHOMA as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge will be assessed as provided in Sections 9.2.1 and 9.2.2, as applicable.
9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than the AT&T OKLAHOMA Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Ohio Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than AT&T OKLAHOMA's XXXX will comply with the process set forth in the AT&T OKLAHOMA intrastate access services tariff.tariff.
9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMAAT&T’s XXXX is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any Past Due Oklahoma Ohio balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties shall be governed by this Section and Section 13.
9.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due all undisputed amounts to the Billing Party.
Appears in 1 contract
Samples: Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five (45) days after the date of the billing party’s mailing. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five (45) calendar days after the date of the billing party’s mailing.
9.1.1 Each of the Parties will provide all bills and invoices to the other Party electronically rather than in paper form. Upon request, the Parties will provide to the other Party paper copies of specific bills or invoices.
9.2 If CLEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from CLEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available to AT&T OKLAHOMA as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge will be assessed as provided in Sections 9.2.1 and 9.2.2, as applicable.
9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than the AT&T OKLAHOMA Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than AT&T OKLAHOMA's XXXX will comply with the process set forth in the AT&T OKLAHOMA intrastate access services tariff.
9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMA’s XXXX is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any Past Due Oklahoma balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties shall be governed by this Section and Section 13.
9.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due all undisputed amounts to the Billing Party.
Appears in 1 contract
Samples: Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five thirty (4530) days after from the date of the billing party’s mailinginvoice. For purposes of this Agreement, the “Bill Xxxx Due Date” shall be defined to mean forty-five thirty (4530) calendar days after from the date of the billing party’s mailinginvoice.
9.2 If CLEC fails to remit payment for any charges for services by the Bill Xxxx Due Date, or if a payment for or any portion of the charges a payment is received from CLEC after the Bill Xxxx Due Date, or if a payment for or any portion of the charges a payment is received in funds which are not immediately available to AT&T OKLAHOMA SBC MISSOURI as of the Bill Xxxx Due Date (individually and collectively, “Past Due”), then a late payment charge will shall be assessed as provided in Sections 9.2.1 and through 9.2.2, as applicable.
9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA SBC MISSOURI billing system other than the AT&T OKLAHOMA SBC MISSOURI Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Xxxx Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA SBC MISSOURI intrastate access services tariff in that state or and (ii) the highest rate of interest that may be charged under Oklahoma Applicable Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA SBC MISSOURI billing system other than AT&T OKLAHOMASBC MISSOURI's XXXX will comply with the process set forth in the AT&T OKLAHOMA SBC MISSOURI intrastate access services tariff.
9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMASBC MISSOURI’s XXXX system is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any the unpaid amounts shall bear interest from the Xxxx Due Date until paid. The interest rate applied to SBC MISSOURI XXXX-billed Past Due Oklahoma balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties unpaid amounts shall be governed by this Section the lesser of (i) the rate used to compute the Late Payment Charge contained in the SBC MISSOURI General Exchange tariff for business End Users in Missouri or (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and Section 13including the date that the payment is actually made and available.
9.3 The Parties shall make all payments to one another via electronic funds credit transfers through the Automated Clearing House Association (ACH) network to the financial institution designated by each Party. Remittance information will be communicated together with the funds transfer via the ACH network. The Parties must use the CCD+ or the CTX transaction set. The Parties will abide by the National Automated Clearing House Association (NACHA) Rules and Regulations. Each ACH credit transfer must be received by the Billing Party no later than the Xxxx Due Date of each xxxx or Late Payment Charges will apply. Neither Party will be liable for any delays in receipt of funds or errors in entries caused by the other Party or Third Parties, including the Paying Party's financial institution. Each Party is responsible for its own banking fees.
9.3.1 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed. Each Party will be responsible for any Late Payment Charges resulting from that Party’s failure to use electronic funds credit transfers through the ACH network.
9.4 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Xxxx Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is are listed in Section 13.4.49.2.1. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due due:(i) all undisputed amounts to the Billing Party, and (ii) those disputed amounts that are required to be paid into escrow pursuant to this Section, which must be deposited into an interest bearing escrow account with a Third Party escrow agent mutually agreed upon by the Parties. To be acceptable, the Third Party escrow agent must meet all of the following criteria:
9.4.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
9.4.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
9.4.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle Automatic Clearing House (ACH) (credit transactions) (electronic funds) transfers.
9.4.4 In addition to the foregoing requirements for the Third Party escrow agent, the Non-Paying Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
9.4.4.1 The escrow account must be an interest bearing account;
9.4.4.2 All charges associated with opening and maintaining the escrow account will be borne by the Non-Paying Party;
9.4.4.3 That none of the funds deposited into the escrow account or the interest earned thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
9.4.4.4 All interest earned on deposits to the escrow account shall be disbursed to the Parties in the same proportion as the principal; and
9.4.4.5 Disbursements from the escrow account shall be limited to those:
9.4.4.5.1 authorized in writing by both the Non-Paying Party and the Billing Party (that is, signature(s) from representative(s) of the Non-Paying Party only are not sufficient to properly authorize any disbursement); or
9.4.4.5.1 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 9.7; or
9.4.4.5.2 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 9.7.
9.5 Disputed Amounts in escrow shall not be subject to late payment charges as set forth in Section 8.1.5.
9.6 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 13.
9.7 If the Non-Paying Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying Party, the Parties shall cooperate to ensure that all of the following actions are completed:
9.7.1 the Billing Party shall credit the invoice of the Non-Paying Party for that portion of the Disputed Amounts resolved in favor of the Non-Paying Party, together with any Late Payment Charges assessed with respect thereto, no later than the second Xxxx Due Date after resolution of the Dispute;
9.7.1.1 within ten (10) Business days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Non-Paying Party shall be released to the Non-Paying Party, together with any accrued interest thereon;
9.7.1.2 within ten (10) Business days after resolution of the Dispute, the portion of the escrowed Disputed Amounts resolved in favor of the Billing Party shall be released to the Billing Party, together with any accrued interest thereon; and
9.7.1.3 no later than the third Xxxx Due Date after resolution of the dispute, the Non-Paying Party will pay the Billing Party the difference between the amount of accrued interest the Billing Party received from the escrow disbursement and the amount of Late Payment Charges the Billing Party is entitled to receive pursuant to Section 9.4.
9.8 If the Non-Paying Party disputes any charges and the entire dispute is resolved in favor of the Billing Party, the Parties will cooperate to ensure that all of the actions required by Section 9.7.1.1 and Section 9.7.1.3 are completed within the times specified therein.
9.9 Failure by the Non-Paying Party to pay any charges determined to be owed to the Billing Party within the times specified in Section 9.7 shall be grounds for termination of the Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided under this Agreement.
9.10 If either Party requests one or more additional copies of a xxxx, the requesting Party will pay the Billing Party a reasonable fee for each additional copy, unless such copy was requested due to failure in delivery of the original xxxx or correction(s) to the original xxxx.
9.10.1 Each additional copy of any xxxx provided for billing from SBC MISSOURI' Carrier Access Billing System (CABS) billing system will incur charges as specified in Access Service Tariff FCC No. 73 Section 13 Alternate Xxxx Media.
9.10.2 Bills provided to CLEC from SBC MISSOURI' XXXX system through Xxxx Plus will incur charges as specified in Appendix Pricing.
Appears in 1 contract
Samples: Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 8.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five thirty (4530) days after of receipt of an invoice. Except as otherwise specifically provided in this Agreement interest on overdue invoices will apply at the date six (6) month Commercial Paper Rate applicable on the first business day of the billing party’s mailing. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five (45) each calendar days after the date of the billing party’s mailingyear.
9.2 8.2 If CLEC fails to remit payment for any charges for services by the Bill Xxxx Due Date, or if a payment for or any portion of the charges a payment is received from CLEC after the Bill Xxxx Due Date, or if a payment for or any portion of the charges a payment is received in funds which are not immediately available to AT&T OKLAHOMA SWBT as of the Bill Xxxx Due Date (individually and collectively, “"Past Due”"), then a late payment charge will shall be assessed as provided in Sections 9.2.1 and 9.2.28.2.1 through 8.2.2, as applicable.
9.2.1 8.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA SWBT billing system other than the AT&T OKLAHOMA SWBT Customer Records Information System (XXXX) becomes is Past Due, the unpaid amounts shall bear interest from the day following the Bill Xxxx Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA SWBT Missouri intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Applicable Law, compounded daily from the Bill Xxxx Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than AT&T OKLAHOMA's XXXX will comply with the process set forth in the AT&T OKLAHOMA intrastate access services tariff.
9.2.2 8.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMA’s SWBT's XXXX system is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any the unpaid amounts shall bear interest from the Xxxx Due Date until paid. The interest rate applied to SWBT XXXX-billed Past Due Oklahoma balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties unpaid amounts shall be governed by this Section the lesser of (i) the rate used to compute the Late Payment Charge contained in the SWBT General Exchange tariff for business End Users in Missouri or (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Xxxx Due Date to and Section 13including the date that the payment is actually made and available.
9.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due all undisputed amounts to the Billing Party.
Appears in 1 contract
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five (45) days after the date of the billing party’s mailing. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five (45) calendar days after the date of the billing party’s mailing.
9.2 If CLEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from CLEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available to AT&T OKLAHOMA as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge will be assessed as provided in Sections 9.2.1 and 9.2.2, as applicable.
9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than the AT&T OKLAHOMA Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than AT&T OKLAHOMA's XXXX will comply with the process set forth in the AT&T OKLAHOMA intrastate access services tariff.
9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMA’s XXXX is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any Past Due Oklahoma balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties shall be governed by this Section and Section 13.
9.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due all undisputed amounts to the Billing Party.Section
Appears in 1 contract
Samples: Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five thirty (4530) days after from the date of the billing party’s mailinginvoice. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five thirty (4530) calendar days after from the date of the billing party’s mailinginvoice.
9.2 If CLEC the billed Party fails to remit payment for any charges for services by the Bill Due Date, or if a payment for or any portion of the charges a payment is received from CLEC the billed Party after the Bill Due Date, or if a payment for or any portion of the charges a payment is received in funds which are not immediately available to AT&T OKLAHOMA the billing Party as of the Bill Due Date (individually and collectively, “"Past Due”"), then a late payment charge will shall be assessed as provided in Sections 9.2.1 and through 9.2.2, as applicable.
9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system of the billing party other than the AT&T OKLAHOMA SBC ARKANSAS Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Due Date until the day date paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA applicable billing Party’s intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Applicable Law, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system of the billing Party other than AT&T OKLAHOMA's SBC ARKANSAS' XXXX will comply with the process set forth in the AT&T OKLAHOMA billing Party’s intrastate access services tariff.
9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMA’s SBC ARKANSAS XXXX is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any the unpaid amounts shall bear interest from the Bill Due Date until paid. The interest rate applied to SBC ARKANSAS XXXX- billed Past Due Oklahoma balance, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties unpaid amounts shall be governed by this Section the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC ARKANSAS intrastate retail Commission-approved tariff governing Late Payment Charges to SBC ARKANSAS retail End Users that are business End Users in that state or (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the Bill Due Date to and Section 13including the date that the payment is actually made and available.
9.3 If any portion of an amount due The Parties shall make all payments to a Party one another via electronic funds credit transfers through the Automated Clearing House Association (the “Billing Party”ACH) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior network to the Bill Due Date, give written notice to financial institution designated by each Party. Remittance information will be communicated together with the Billing Party of funds transfer via the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4ACH network. The Non-Paying Party should utilize any existing Parties must use the CCD+ or the CTX transaction set. The Parties will abide by the National Automated Clearing House Association (NACHA) Rules and preferred form provided Regulations. Each ACH credit transfer must be received by the Billing Party to provide written notice no later than the Bill Due Date of disputes to each bill or Late Payment Charges will apply. Neither Party will be liable for any delays in receipt of funds or errors in entries caused by the Billing other Party or Third Parties, including the Paying Party's financial institution. The Non-Paying Each Party must pay when due all undisputed amounts to the Billing Partyis responsible for its own banking fees.
Appears in 1 contract
Samples: Interconnection Agreement
PAYMENT OF RATES AND CHARGES. 9.1 Except as otherwise specifically provided elsewhere in this Agreement, the Parties will pay all undisputed rates and charges due and owing under this Agreement within forty-five (45) days after on or before the date of the billing party’s mailingnext bill date. For purposes of this Agreement, the “Bill Due Date” shall be defined to mean forty-five (45) a calendar days after month from the date of the billing party’s mailingbill date.
9.2 If CLEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from CLEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available to AT&T OKLAHOMA as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge will be assessed as provided in Sections 9.2.1 and 9.2.2, as applicable.
9.2.1 If any charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than the AT&T OKLAHOMA Customer Records Information System (XXXX) becomes Past Due, the unpaid amounts shall bear interest from the day following the Bill Due Date until the day paid at the lesser of (i) the rate used to compute the Late Payment Charge in the AT&T OKLAHOMA intrastate access services tariff in that state or (ii) the highest rate of interest that may be charged under Oklahoma Missouri Law, as applicable, compounded daily from the Bill Due Date to and including the date that the payment is actually made and available. The application of interest (at the rate set forth in the preceding sentence) to any Past Due charge incurred under this Agreement that is billed out of any AT&T OKLAHOMA billing system other than AT&T OKLAHOMA's XXXX will comply with the process set forth in the AT&T OKLAHOMA intrastate access services tariff.
9.2.2 If any charge incurred under this Agreement that is billed out of AT&T OKLAHOMAAT&T’s XXXX is Past Due, a late payment charge calculated as specified in Section 9.2.1 above will be assessed on any Past Due Oklahoma balancebalance in Missouri, provided, however, the late payment charge shall not be applied to any balance to which the late payment charge was applied in a previous billing.
9.2.3 All billing disputes between the Parties shall be governed by this Section and Section 13.
9.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) must, prior to the Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item that is listed in Section 13.4.4. The Non-Paying Party should utilize any existing and preferred form provided by the Billing Party to provide written notice of disputes to the Billing Party. The Non-Paying Party must pay when due all undisputed amounts to the Billing Party.
Appears in 1 contract
Samples: Interconnection Agreement