Common use of Rate Arbitrage Clause in Contracts

Rate Arbitrage. 1.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by Xxxxx, TCA shall be required to obtain any applicable records of any Customer or other third party utilizing TCA’s interconnection with Xxxxx. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.

Rate Arbitrage. 1.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- third-party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxCLEC is fully responsible for all traffic delivered and if requested to provide documentation shall not refuse to do so due to the nature of the traffic delivered, TCA shall be required to obtain any applicable records of any Customer it third party, Customer, or other third party utilizing TCA’s interconnection with Xxxxxits own direct End User traffic. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.

Rate Arbitrage. 1.3.1 1.3.1. Each Party agrees that it will not knowingly provision any of its services or the services of a third-third party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local IntraLATA Interconnection TrunksTrunks (as defined below). This Rate Arbitrage includes, but is not limited to, Customers, third- third-party carriers, traffic aggregators, and resellers. 1.3.2 1.3.2. If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks IntraLATA Interconnection Trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users End-User Customers or any entity to conduct Rate Arbitrage or that permits the End End-User Customer or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunksIntraLATA Interconnection Trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff applicable charges to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routedall such traffic. 1.3.3 1.3.3. If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxILEC, TCA CLEC shall be required to obtain any applicable records of any Customer customer or other third party utilizing TCACLEC’s interconnection with XxxxxILEC. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarterreasonable. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay all applicable charges to the other Party for all such traffic.

Rate Arbitrage. 1.3.1 4.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- third-party carriers, traffic aggregators, and resellers. 1.3.2 4.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the applicable terminating switched access rate provided in the other Party’s approved state access tariff tariff(s) to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 4.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxCLEC is fully responsible for all traffic delivered and if requested to provide documentation shall not refuse to do so due to the nature of the traffic delivered, TCA shall be required to obtain any applicable records of any Customer it third party, Customer, or other third party utilizing TCA’s interconnection with Xxxxxits own direct End User traffic. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.

Rate Arbitrage. 1.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxMRTC, TCA shall be required to obtain any applicable records of any Customer or other third party utilizing TCA’s interconnection with XxxxxMRTC. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.

Rate Arbitrage. 1.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxFRTC, TCA shall be required to obtain any applicable records of any Customer or other third party utilizing TCA’s interconnection with XxxxxFRTC. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.

Rate Arbitrage. 1.3.1 Each Party agrees that it will not knowingly provision any of its services or the services of a third-third party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- third-party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users End-User Customers or any entity to conduct Rate Arbitrage or that permits the End End-User Customer or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Under no circumstance shall it take more than 5 business days to re-route arbitrage traffic after notification by the other Party, provided that any such notification shall be subject to the dispute resolution procedures described in Section 13 of the General Terms and Conditions hereto. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched applicable access rate provided in the other Party’s approved state access tariff charges to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxILEC, TCA CLEC shall be required to obtain any applicable records of any Customer customer or other third party utilizing TCACLEC’s interconnection with XxxxxILEC. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.year

Rate Arbitrage. 1.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxPRTC, TCA shall be required to obtain any applicable records of any Customer or other third party utilizing TCA’s interconnection with XxxxxPRTC. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.

Rate Arbitrage. 1.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxDuo, TCA shall be required to obtain any applicable records of any Customer or other third party utilizing TCA’s interconnection with XxxxxDuo. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.

Rate Arbitrage. 1.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxCTC, TCA shall be required to obtain any applicable records of any Customer or other third party utilizing TCA’s interconnection with XxxxxCTC. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.

Rate Arbitrage. 1.3.1 Each Party agrees that it will not provision any of its services or the services of a third-party in a manner that permits the circumvention of applicable switched access charges by the other Party (“Rate Arbitrage”) and/or the utilization of the physical connecting arrangements described in this Agreement to permit the delivery to the other Party of traffic not covered under this Agreement through the POI on Local Interconnection Trunks. This Rate Arbitrage includes, but is not limited to, Customers, third- party carriers, traffic aggregators, and resellers. 1.3.2 If any Rate Arbitrage and/or delivery of traffic not covered under this Agreement through the local interconnection trunks is identified, the Party causing such Rate Arbitrage also agrees to take all reasonable steps to terminate and/or reroute any service that is permitting any of that Party’s End Users or any entity to conduct Rate Arbitrage or that permits the End User or any entity to utilize the POI for the delivery or receipt of such excluded traffic through the local interconnection trunks. Notwithstanding the foregoing, if any Party is found to be in violation of this Section, until such time as the Rate Arbitrage or incorrect routing of traffic is resolved, that Party shall pay the terminating switched access rate provided in the other Party’s approved state access tariff to the other Party for traffic subject to Rate Arbitrage or that is incorrectly routed. 1.3.3 If either Party suspects Rate Arbitrage from the other Party, the Party suspecting arbitrage (“Initiating Party”) shall have the right to audit the other Party’s records to ensure that no Rate Arbitrage and/or the delivery of traffic not covered under this Agreement is taking place. Both Parties shall cooperate in providing records required to conduct such audits. Upon request by XxxxxTGT, TCA shall be required to obtain any applicable records of any Customer or other third party utilizing TCA’s interconnection with XxxxxTGT. The Initiating Party shall have the right to conduct additional audit(s) if the preceding audit disclosed such Rate Arbitrage provided, however, that neither Party shall request an audit more frequently than is commercially reasonable once per calendar quarter.