Predecessor Agreements. 7.9.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties. a. any prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and b. any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement. 7.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment. 7.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 20 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties.
a. any prior interconnection Interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection Interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 19 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection Interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection Interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one (1) month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 14 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 6.9.1 Except as stated in Section 7.9.2 6.9.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection Interconnection or resale Resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection Interconnection or resale Resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions under this Agreement from and after the Effective Date. Notwithstanding the foregoing, if such services were purchased after the Parties agreed to implement this Agreement pursuant to Section 6.1, neither party will bring a dispute to require that an obligation incurred after execution must be fulfilled under the terms of the prior Agreement as long as this Agreement ultimately receives Commission Approval and so long as such obligations are fulfilled under the terms of this Agreement.
7.9.2 6.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one (1) month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 6.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.26.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 10 contracts
Samples: Commercial Mobile Radio Services Agreement, Commercial Mobile Radio Services Agreement, Commercial Mobile Radio Services Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 10 contracts
Samples: Telecommunications, Service Agreement, Service Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State Commonwealth of Massachusetts pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Massachusetts pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 10 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 9 contracts
Samples: Interconnection Agreement, Telecommunications Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 7 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.1.1 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.1.1, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 7 contracts
Samples: Service Agreement, Service Agreement, Telecommunications
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.2 any prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.2.1 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 6 contracts
Samples: Service Agreement, Service Agreement, Telecommunications
Predecessor Agreements. 7.9.1 4.9.1 Except as stated in Section 7.9.2 4.9.2 or as otherwise agreed in writing by the Parties.
a. any prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 4.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 4.9.3 If either Party elects to cancel the service commitment pursuant to the proviso provision in Section 7.9.24.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 6 contracts
Samples: Commercial Mobile Radio Services (Cmrs) Interconnection Agreement, Commercial Mobile Radio Services (Cmrs) Interconnection Agreement, Commercial Mobile Radio Services (Cmrs) Interconnection Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 6 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Predecessor Agreements. 7.9.1 6.9.1 Except as stated in Section 7.9.2 6.9.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions under this Agreement from and after the Effective Date. Notwithstanding the foregoing, if such services were purchased after the Parties agreed to implement this Agreement pursuant to Section 6.1, neither party will bring a dispute to require that an obligation incurred after execution must be fulfilled under the terms of the prior Agreement as long as this Agreement ultimately receives Commission Approval and so long as such obligations are fulfilled under the terms of this Agreement.
7.9.2 6.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one (1) month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 6.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.26.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 5 contracts
Samples: Resale Agreement, Resale Agreement, Resale Agreement
Predecessor Agreements. 7.9.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection Interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection Interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions under this Agreement from and after the Effective Date. Notwithstanding the foregoing, if such services were purchased after the Parties agreed to implement this Agreement pursuant to Section 7.1, neither party will bring a dispute to require that an obligation incurred after execution must be fulfilled under the terms of the prior Agreement as long as this Agreement ultimately receives Commission Approval and so long as such obligations are fulfilled under the terms of this Agreement.
7.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one (1) month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 5 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Missouri pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Missouri pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between termination liability specified in the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelledapplicable contract or Tariff.
Appears in 4 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection or resale Interconnection agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection or resale Interconnection agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one (1) month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 4 contracts
Samples: Traffic Exchange Agreement, Traffic Exchange Agreement, Traffic Exchange Agreement
Predecessor Agreements. 7.9.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection Interconnection or resale Resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection Interconnection or resale Resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 4 contracts
Samples: Traffic Exchange Agreement, Traffic Exchange Agreement, Traffic Exchange Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of California pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of California pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 3 contracts
Samples: Adoption Under FCC Merger Conditions, Telecommunications, Telecommunications
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.1.1 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.1.1, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 3 contracts
Samples: Service Agreement, Telecommunications, Telecommunications
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Utah pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Utah pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Agreement for Local Interconnection, Agreement for Local Interconnection
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Louisiana pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Louisiana pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Traffic Exchange Agreement, Traffic Exchange Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.1.1 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of CaliforniaIllinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of CaliforniaIllinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.1.1, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Michigan pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Michigan pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Service Agreement, Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.2 any prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.2.1 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Service Agreement, Telecommunications
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Utah pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Utah pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Agreement for Local Interconnection, Agreement for Local Interconnection
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Michigan pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Michigan pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Telecommunications, Telecommunications
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Missouri pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Missouri pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
Predecessor Agreements. 7.9.1 34.1 Except as stated in Section 7.9.2 34.2 or as otherwise agreed in writing by the Parties.:
a. 34.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 34.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 34.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 34.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.234.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Service Agreement, Telecommunications
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Wisconsin pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Wisconsin pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between termination liability specified in the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelledapplicable contract or Tariff.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Alabama pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Alabama pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
Predecessor Agreements. 7.9.1 34.1 Except as stated in Section 7.9.2 34.2 or as otherwise agreed in writing by the Parties.:
a. 34.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State state of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 34.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State state of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 34.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 34.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.234.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Telecommunications, Telecommunications
Predecessor Agreements. 7.9.1 34.1 Except as stated in Section 7.9.2 34.2 or as otherwise agreed in writing by the Parties.:
a. 34.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of California pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 34.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of California pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 34.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 34.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.234.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Telecommunications, Service Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State Commonwealth of Virginia pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Virginia pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Service Agreement (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.)
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Telecommunications, Interconnection Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Michigan pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Michigan pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Service Agreement, Interconnection Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State District of Columbia pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State District of Columbia pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Agreement (Wave2Wave Communications, Inc.), Agreement (Wave2Wave Communications, Inc.)
Predecessor Agreements. 7.9.1 7.6.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties.
a. any prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 7.6.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 7.6.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Interim Arrangement, Interim Arrangement
Predecessor Agreements. 7.9.1 6.9.1 Except as stated in Section 7.9.2 6.9.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection or resale Interconnection agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection or resale Interconnection agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement from and after the Effective Date. Notwithstanding the foregoing, if such services were purchased after the Parties agreed to implement this Agreement pursuant to Section 6.1, neither party will bring a dispute to require that an obligation incurred after execution must be fulfilled under the terms of the prior Agreement as long as this Agreement ultimately receives Commission Approval and so long as such obligations are fulfilled under the terms of this Agreement.
7.9.2 6.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one (1) month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 6.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2Section6.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 2 contracts
Samples: Traffic Exchange Agreement, Traffic Exchange Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Alabama pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Alabama pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was otherwise cancelled by the purchasing Party, the purchasing Party shall pay the difference between termination liability specified in the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelledapplicable contract or Tariff.
Appears in 1 contract
Samples: Interconnection Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Alabama pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Alabama pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Interconnection and Reciprocal Compensation Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Rhode Island pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Rhode Island pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.would
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Rhode Island pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Rhode Island pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.this
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications
Predecessor Agreements. 7.9.1 14.8.1 Except as stated in Section 7.9.2 14.8.2 or as otherwise agreed in writing by the Parties.:
a. 14.8.1.1 any prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 14.8.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 14.8.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 14.8.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2commitment, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Interconnection and Reciprocal Compensation Agreement
Predecessor Agreements. 7.9.1 Also see “Except as stated in Section 7.9.2 or as otherwise agreed to in writing by the Parties.” Section below:
a. any Any prior interconnection or resale agreement between the Parties for the State pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and.
b. any Any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 c. Except as otherwise agreed to in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 d. If either Party elects to cancel the service commitment (pursuant to the proviso in preceding Section 7.9.2above), the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Traffic Exchange Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of [STATE NAME] pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of [STATE NAME] pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Interconnection, Resale and/or Unbundling Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 0 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of New York pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of New York pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.20, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Service Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Wisconsin pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Wisconsin pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Resale Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.1.1 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State Commonwealth of Massachusetts pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased xxxxxxx xx by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Massachusetts pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.1.1, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Interconnection Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Interconnection, Resale and/or Unbundling Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Massachusetts pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Massachusetts pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications
Predecessor Agreements. 7.9.1 1. Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 1. any prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2. any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 2. Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 3. If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Service Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of ILLINOIS pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of ILLINOIS pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Resale Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Montana pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Montana pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Interconnection Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Rhode Island pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Rhode Island pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to been
33.3 If the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 If either Purchasing Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.1.3 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.1.4 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Service Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated33.1.1 This Section Intentionally Left Blank; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of [State] pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Interconnection Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Alabama pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior interconnection agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Traffic Exchange Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Wisconsin pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Wisconsin pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time fime that the commitment was cancelled.
Appears in 1 contract
Samples: Resale Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Kentucky pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications
Predecessor Agreements. 7.9.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties.:
a. any prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one (1) month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Resale Agreement
Predecessor Agreements. 7.9.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the Parties.
a. any prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State pursuant to §252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 Except as otherwise agreed in writing by the Parties, if a resale service purchased by a Party under a prior agreement between the Parties pursuant to §252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Interconnection Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Maryland pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Maryland pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications (Wave2Wave Communications, Inc.)
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of California pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of California pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.this
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 Secfion 2.9.2 or as otherwise agreed in writing wrifing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Wisconsin pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Wisconsin pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it h would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions condifions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.2Secfion 2.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Resale Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.2 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminatedamended, extended and restated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make may elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.2, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Illinois pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Resale Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.1.1 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Rhode Island pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Rhode Island pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.be
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.1.1, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Telecommunications
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.1.1 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State of Michigan pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; andand
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Michigan pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.1.1, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Service Agreement
Predecessor Agreements. 7.9.1 33.1 Except as stated in Section 7.9.2 33.1.1 or as otherwise agreed in writing by the Parties.:
a. 33.1.1 any prior interconnection or resale agreement between the Parties for the State Commonwealth of Massachusetts pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 33.1.2 any services Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State Commonwealth of Massachusetts pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of purchased under this Agreement.
7.9.2 33.2 Except as otherwise agreed in writing by the Parties, if a service Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service Service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service Service will be subject to the prices, terms and conditions of purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 33.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.233.1.1, the purchasing Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Purchasing Party, the purchasing Providing Party shall pay be entitled to payment from the Purchasing Party of the difference between the price of the service Service that was actually paid by the purchasing Purchasing Party under the commitment and the price of the service Service that would have applied if the commitment had been to purchase the service Service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Service Agreement
Predecessor Agreements. 7.9.1 2.9.1 Except as stated in Section 7.9.2 2.9.2 or as otherwise agreed in writing by the Parties.:
a. 2.9.1.1 any prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date is hereby terminated; and
b. 2.9.1.2 any services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Oregon pursuant to §Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to the prices, terms and conditions of under this Agreement.
7.9.2 2.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a Party under a prior resale agreement between the Parties pursuant to §Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the service had not been terminated prior to the Effective Date, to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the service will be subject to the prices, terms and conditions of this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment.
7.9.3 2.9.3 If either Party elects to cancel the service commitment pursuant to the proviso in Section 7.9.22.9.2, the purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the purchasing Party, the purchasing Party shall pay the difference between the price of the service that was actually paid by the purchasing Party under the commitment and the price of the service that would have applied if the commitment had been to purchase the service only until the time that the commitment was cancelled.
Appears in 1 contract
Samples: Resale Agreement