Common use of Rate True-Up Clause in Contracts

Rate True-Up. The parties agree that the fees reflected as interim herein shall be “trued-up” (up or down) based on final fees either determined by further agreement or by an effective order, in a proceeding involving AT&T before the regulatory authority for the state, in which Licensee has either attached to or occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true-up” process, the interim fees for each structure shall be multiplied by the volume of that structure either attached to or occupied by Licensee to arrive at the total interim amount paid (“Total Interim Price”). The final fees for that structure shall be multiplied by the volume of that structure either attached to or occupied by Licensee to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Licensee shall pay the difference to AT&T. If the Total Final Price is less than the Total Interim Price, AT&T shall pay the difference to Licensee. Each Party shall keep its own records upon which a “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the parties based on such records. In the event of any disagreement as between the records or the parties regarding the amount of such “true-up,” the parties agree that the Commission shall be called upon to resolve such differences.

Rate True-Up. The parties Parties agree that the fees prices reflected as interim herein shall be “trued-up” (up or down) based on final fees prices either determined by further agreement or by an effective order, in a proceeding involving AT&T BellSouth before the regulatory authority for the state, state in which Licensee has either attached to or occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), the services are being performed or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true-true- up” process, the interim fees price for each structure service shall be multiplied by the volume of that structure either attached to or occupied by Licensee service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final fees price for that structure service shall be multiplied by the volume of that structure either attached to or occupied by Licensee purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Licensee WebShoppe shall pay the difference to AT&T. BellSouth. If the Total Final Price is less than the Total Interim Price, AT&T BellSouth shall pay the difference to LicenseeWebShoppe. Each Party shall keep its own records upon which a “true-true- up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the parties Parties based on such records. In the event of any disagreement as between the records or the parties Parties regarding the amount of such “true-up,” the parties Parties agree that the Commission shall be called upon to resolve such differences.

Rate True-Up. The parties Parties agree that the fees prices reflected as interim herein shall be “trued-up” (up or down) based on final fees prices either determined by further agreement or by an effective order, in a proceeding involving AT&T BellSouth before the regulatory authority for the state, state in which Licensee has either attached to or occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), the services are being performed or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true-true- up” process, the interim fees price for each structure service shall be multiplied by the volume of that structure either attached to or occupied by Licensee service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final fees price for that structure service shall be multiplied by the volume of that structure either attached to or occupied by Licensee purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Licensee ALEC Inc., shall pay the difference to AT&T. BellSouth. If the Total Final Price is less than the Total Interim Price, AT&T BellSouth shall pay the difference to LicenseeALEC Inc.,. Each Party shall keep its own records upon which a “true-true- up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the parties Parties based on such records. In the event of any disagreement as between the records or the parties Parties regarding the amount of such “true-up,” the parties Parties agree that the Commission shall be called upon to resolve such differences.

Rate True-Up. The parties Parties agree that the fees prices reflected as interim herein shall be “trued-up” (up or down) based on final fees prices either determined by further agreement or by an effective order, in a proceeding involving AT&T BellSouth before the regulatory authority for the state, state in which Licensee has either attached to or occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), the services are being performed or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true-up” process, the interim fees price for each structure service shall be multiplied by the volume of that structure either attached to or occupied by Licensee service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final fees price for that structure service shall be multiplied by the volume of that structure either attached to or occupied by Licensee purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Licensee CLEC-1 shall pay the difference to AT&T. BellSouth. If the Total Final Price is less than the Total Interim Price, AT&T BellSouth shall pay the difference to LicenseeCLEC-1. Each Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the parties Parties based on such records. In the event of any disagreement as between the records or the parties Parties regarding the amount of such “true-up,” the parties Parties agree that the Commission shall be called upon to resolve such differences.

Rate True-Up. The parties agree that the fees reflected as interim herein shall be “trued-up” (up or down) based on final fees either determined by further agreement or by an effective order, in a proceeding involving AT&T before the regulatory authority for the state, in which Licensee has either attached to or occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true-up” process, the interim fees for each structure shall be multiplied by the volume of that structure either structureeither attached to or occupied by Licensee to arrive at the total interim amount paid (“Total Interim Price”). The final fees for that structure shall be multiplied by the volume of that structure either structureeither attached to or occupied by Licensee to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Licensee shall pay the difference to AT&T. If the Total Final Price is less than the Total Interim Price, AT&T shall pay the difference to Licensee. Each Party shall keep its own records upon which a whicha “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the parties based on such records. In the event of any disagreement as between the records or the parties regarding the amount of such “true-up,” the parties agree that the Commission shall be called upon to resolve such differences.

Rate True-Up. The parties Parties agree that the fees prices reflected as interim herein shall be “trued-up” (up or down) based on final fees prices either determined by further agreement or by an effective order, in a proceeding involving AT&T BellSouth before the regulatory authority for the state, state in which Licensee has either attached to or occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), the services are being performed or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true-up” process, the interim fees price for each structure service shall be multiplied by the volume of that structure either attached to or occupied by Licensee service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final fees price for that structure service shall be multiplied by the volume of that structure either attached to or occupied by Licensee purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Licensee Powertel shall pay the difference to AT&T. BellSouth. If the Total Final Price is less than the Total Interim Price, AT&T BellSouth shall pay the difference to LicenseePowertel. Each Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the parties Parties based on such records. In the event of any disagreement as between the records or the parties Parties regarding the amount of such “true-up,” the parties Parties agree that the Commission shall be called upon to resolve such differences. This agreement shall not survive the expiration or term of this Agreement.

Rate True-Up. The parties agree that the fees reflected as interim herein interimherein shall be “trued-up” (up or down) based on final fees either determined by further agreement or by an effective order, in a proceeding involving AT&T before the regulatory authority for the state, in which Licensee has either attached to or toor occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true-up” process, the interim fees for each structure shall be multiplied by the volume of that structure either attached to or occupied by Licensee to arrive toarrive at the total interim amount interimamount paid (“Total Interim PriceInterimPrice”). The final fees for that structure shall be multiplied by the volume of that structure either attached to or occupied by Licensee to arrive toarrive at the total final amount due (“Total Final Price”). The Total Interim Price InterimPrice shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim PriceInterimPrice, Licensee shall pay the difference to AT&T. If the Total Final Price is less than the Total Interim Price, AT&T shall pay the difference to Licensee. Each Party shall keep its own records upon which a “true-up” can be based and any final payment from one fromone party to the other shall be in an amount agreed upon by the parties based on such records. In the event of any disagreement as between the records or the parties regarding the amount of such “true-up,” the parties agree that the Commission shall be called upon to resolve such differences.