Common use of Percent Local Usage Clause in Contracts

Percent Local Usage. Each Party will report to the other a Percentage Local Usage (“PLU”). For purposes of developing the PLU, each Party shall consider every local call and every long distance call; provided, however, that the Parties may exclude transit traffic from the PLU calculation. To the extent either Party includes transit traffic in the total number of calls, such transit traffic will be subtracted from the total before such Party calculates or determines the PLU factor. BellSouth and MCIm shall provide a positive report by the first of January, April, July and October of each year updating the PLU. The originating Party shall use calling party number information, where available, to determine PLUs. Where calling party number information is not available, the originating Party shall use its best efforts to estimate an accurate PLU. Where the terminating Party has message recording technology that can be used to correctly identify the jurisdiction of traffic terminated as defined in this Agreement, such information, in lieu of the PLU factor, shall, at the terminating Party’s option, be utilized by the terminating Party to determine the appropriate local usage compensation to be paid. If a terminating Party elects to use its terminating recording technology information in lieu of originating Party self-reported factors, and the originating Party disputes the information used by the terminating Party, the originating Party shall provide the terminating Party with the originating Party’s documentation in support of the originating Party’s factors. If the Parties are still unable to resolve the matter, the Parties may pursue the dispute resolution procedures of this Agreement.

Percent Local Usage. Each Party will report to the other a Percentage Local Usage (“PLU”). For purposes of developing the PLU, each Party shall consider every local call and every long distance call; provided, however, that the Parties may exclude transit traffic from the PLU calculation. To the extent either Party includes transit traffic in the total number of calls, such transit traffic will be subtracted from the total before such Party calculates or determines the PLU factor. BellSouth XxxxXxxxx and MCIm shall provide a positive report by the first of January, April, July and October of each year updating the PLU. The originating Party shall use calling party number information, where available, to determine PLUs. Where calling party number information is not available, the originating Party shall use its best efforts to estimate an accurate PLU. Where the terminating Party has message recording technology that can be used to correctly identify the jurisdiction of traffic terminated as defined in this Agreement, such information, in lieu of the PLU factor, shall, at the terminating Party’s option, be utilized by the terminating Party to determine the appropriate local usage compensation to be paid. If a terminating Party elects to use its terminating recording technology information in lieu of originating Party self-reported factors, and the originating Party disputes the information used by the terminating Party, the originating Party shall provide the terminating Party with the originating Party’s documentation in support of the originating Party’s factors. If the Parties are still unable to resolve the matter, the Parties may pursue the dispute resolution procedures of this Agreement.