Common use of Recurring/Non-Recurring charges Clause in Contracts

Recurring/Non-Recurring charges. The Parties acknowledge that CLEC may have obtained use of Physical Collocation Space and SBC-13STATE-provided facilities/equipment therein pursuant to a Collocation Application(s) submitted to SBC-13STATE prior to the effective date of this Agreement (“CLEC’s Physical Collocation Embedded Base”). To the extent the CLEC’s Physical Collocation Embedded Base, if any, was purchased by CLEC from an applicable SBC-13STATE Commission-ordered physical collocation tariff in a particular state, the associated non-recurring and recurring rates (and intervals for uncompleted work associated with those Applications) set forth in such tariff, as amended from time to time, shall continue to apply to the CLEC’s Physical Collocation Embedded Base in such state. For the CLEC’s Physical Collocation Embedded Base, if any, purchased by CLEC pursuant to rates, terms and conditions agreed to by the Parties in an applicable prior interconnection agreement for a particular state, the associated agreed to nonrecurring and recurring rates in the applicable prior interconnection agreement, attached hereto in the Pricing Schedule entitled “Physical Collocation Embedded Based Rates and Charges” (Appendix Pricing) and incorporated herein by reference (and any intervals for uncompleted work associated with those Applications), shall continue to apply to the CLEC’s Physical Collocation Embedded Base in that state.1 For any Collocation Application(s) submitted by CLEC to SBC-13STATE after the effective date of this Agreement, the associated recurring and non-recurring rates and charges in the Pricing Schedule entitled “Physical Collocation CDOW Rates and Charges” (Appendix Pricing) attached hereto and incorporated by reference, and the intervals set forth herein, shall apply. Charges may be generated on an ICB/NSCR basis or may be contained the state specific Appendix Pricing.

Recurring/Non-Recurring charges. The Parties acknowledge that CLEC may have obtained use of Physical Virtual Collocation Space and SBC-13STATE-provided facilities/equipment therein pursuant to a Collocation Application(s) submitted to SBC-13STATE prior to the effective date of this Agreement (“CLEC’s Physical Virtual Collocation Embedded Base”). To the extent the CLEC’s Physical Virtual Collocation Embedded Base, if any, was purchased by CLEC from an applicable SBC-13STATE Commission-ordered physical virtual collocation tariff in a particular state, the associated non-recurring and recurring rates (and intervals for uncompleted work associated with those Applications) set forth in such tariff, as amended from time to time, shall continue to apply to the CLEC’s Physical Virtual Collocation Embedded Base in such state. For the CLEC’s Physical Virtual Collocation Embedded Base, if any, purchased by CLEC pursuant to rates, terms and conditions agreed to by the Parties in an applicable prior interconnection agreement for a particular state, the associated agreed to nonrecurring and recurring rates in the applicable prior interconnection agreement, attached hereto in the Pricing Schedule entitled “Physical Virtual Collocation Embedded Based Rates and Charges” (Appendix PricingPricing ) and incorporated herein by reference (and any intervals for uncompleted work associated with those Applications), shall continue to apply to the CLEC’s Physical Virtual Collocation Embedded Base in that state.1 For any Collocation Application(s) submitted by CLEC to SBC-13STATE SBC- 13STATE after the effective date of this Agreement, the associated recurring and non-recurring rates and charges in the Pricing Schedule entitled “Physical Virtual Collocation CDOW Rates and Charges” (Appendix Pricing) attached hereto and incorporated by reference, and the intervals set forth herein, shall apply. Charges may be generated on an ICB/NSCR basis or may be contained the state specific Appendix Pricing.