Reduction Process. In the event Vendor accepts a proposed New Dial-Up Market Price pursuant to clause (1) of Subsection (ii) of this Subsection (a), then: (1) Effective as of the Incremental New Ports MP Change Date, the Monthly DAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Date will be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice, and with respect to such New Ports, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provided for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price. (2) Effective as of the All New Ports MP Change Date, the Monthly DAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] (regardless of when delivered) will be reduced to the New Dial-Up Market Price set forth in the corresponding [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Notice and with respect to such New Ports, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential CONFIDENTIAL TREATMENT REQUESTED Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. (3) Effective as of the Base Port MP Change Date, the Monthly EDAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and the Monthly [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] regardless of when delivered will be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice, and with respect to such New Ports and Existing Dial-Up Access Ports, Vendor will, if requested by Customer, match the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price. Notwithstanding the foregoing: (4) If Vendor accepts the validity of a proposed New Dial-Up Market Price and reduces prices to the applicable New Dial-Up Access Market Price in a given calendar year, then Vendor shall not be obligated to provide Customer with any additional New Dial-Up Market Price Response with respect to any New Dial-Up Market Price Notice for which the corresponding New Dial-Up Market Price Effective Date occurs in such calendar year. (5) Vendor shall not be obligated to reduce the Monthly DAP Charge or the Monthly EDAP Charge, as the case may be, at a rate that is[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate at which [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] relative to the applicable[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as measured monthly. For example, if the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has committed to provide [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or more [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] but immediately following the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as applicable, the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has only provided [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment], then Vendor will only be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and of all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. If during the following month [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has provided an additional [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], then Vendor will be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to a [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time (i.e., for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment]. (6) Vendor shall not be obligated to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] corresponding to a New Dial-Up Market Price at a rate that is [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate in which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for Comparable Dial-Up Services relative to the applicable Dial-Up Market Vendor Trigger, as measured monthly. (7) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] shall be applicable only during such periods as [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], or a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] from a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
Appears in 2 contracts
Samples: Network Services Agreement (Genuity Inc), Network Services Agreement (Genuity Inc)
Reduction Process. In the event Vendor accepts a proposed New Dial-Up Broadband Backhaul Market Price pursuant to clause (1) of Subsection (ii) of this Subsection (a), then:
(1) Effective then effective as of the Incremental later of (a) the New Ports MP Change DateBroadband Backhaul Market Price Effective Date corresponding to such New Broadband Backhaul Market Price Notice, the Monthly DAP Charge for all and (b) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Date ], the Monthly Per Subscriber Line Charge will be reduced to the New Dial-Up Broadband Backhaul Market Price set forth in the corresponding New Dial-Up Broadband Backhaul Market Price Notice, and with respect to such New PortsCONFIDENTIAL TREATMENT REQUESTED Broadband Backhaul Services, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provided for or the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Broadband Backhaul Market Price.
(2) Effective as of the All New Ports MP Change Date; provided, however, that Vendor shall not be obligated to reduce the Monthly DAP Per Subscriber Line Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for which Vendor reduced prices pursuant to this Subsection (regardless of when deliverediii). Notwithstanding the foregoing:
(1) will Vendor shall not be reduced obligated to reduce the New Dial-Up Market Price set forth in Monthly Per Subscriber Line Charge at a rate that is more rapid than the corresponding [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Notice and with respect to such New Ports, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential CONFIDENTIAL TREATMENT REQUESTED Treatment] for rate at which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
(3) Effective as of the Base Port MP Change Date, the Monthly EDAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and the Monthly [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] regardless of when delivered will be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice, and with respect to such New Ports and Existing Dial-Up Access Ports, Vendor will, if requested by Customer, match the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price. Notwithstanding the foregoing:
(4) If Vendor accepts the validity of a proposed New Dial-Up Market Price and reduces prices to the applicable New Dial-Up Access Market Price in a given calendar year, then Vendor shall not be obligated to provide provides Customer with any additional New Dial-Up Market Price Response with respect to any New Dial-Up Market Price Notice for which the corresponding New Dial-Up Market Price Effective Date occurs in such calendar year.
(5) Vendor shall not be obligated to reduce the Monthly DAP Charge or the Monthly EDAP Charge, as the case may be, at a rate that is[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate at which [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] relative to the applicable[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as measured monthly. For example, if the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has committed to provide [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or more [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] but immediately following the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as applicable, the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has only provided [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment], then Vendor will only be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and of all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. If during the following month [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has provided an additional [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], then Vendor will be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to a [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time (i.e., for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment].
(6) Vendor shall not be obligated to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] corresponding to a New Dial-Up Market Price at a rate that is [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate in which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for Comparable Dial-Up Services relative to the applicable Dial-Up Market Vendor Trigger, as measured monthly.
(7) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] shall be applicable only during such periods as [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], or a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] from a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
Appears in 2 contracts
Samples: Network Services Agreement (Genuity Inc), Network Services Agreement (Genuity Inc)
Reduction Process. In the event Vendor accepts a proposed New Dial-Up Market Price pursuant to clause (1) of Subsection (ii) of this Subsection (a), then:
(1) Effective as of the Incremental New Ports MP Change Date, the Monthly DAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Date will be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice, and CONFIDENTIAL TREATMENT REQUESTED with respect to such New Ports, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provided for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price.
(2) Effective as of the All New Ports MP Change Date, the Monthly DAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] (regardless of when delivered) will be reduced to the New Dial-Up Market Price set forth in the corresponding [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Notice , and with respect to such New Ports, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential CONFIDENTIAL TREATMENT REQUESTED Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]New Dial-Up Market Price.
(3) Effective as of the Base Port MP Change Date, the Monthly EDAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and the Monthly [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] regardless of when delivered will be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice, and with respect to such New Ports and Existing Dial-Up Access Ports, Vendor will, if requested by Customer, match the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price. Notwithstanding the foregoing:
(4) If Vendor accepts the validity of a proposed New Dial-Dial- Up Market Price and reduces prices to the applicable New Dial-Up Access Market Price in a given calendar year, then Vendor shall not be obligated to provide Customer with any additional New Dial-Up Market Price Response with respect to any New Dial-Up Market Price Notice for which the corresponding New Dial-Up Market Price Effective Date occurs in such calendar year.
(5) Vendor shall not be obligated to reduce the Monthly DAP Charge or the Monthly EDAP Charge, as the case may be, at a rate that is[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate at which is [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] relative to the applicable[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as measured monthly]. For example, if the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has committed to provide [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or more [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] but immediately following the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as applicable, the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has only provided [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment], then Vendor will only be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and of all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. If during the following month [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has provided an additional [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], then Vendor will be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to a [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time (i.e., for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment].
(6) Vendor shall not be obligated to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] corresponding to a New Dial-Up Market Price at a rate that is [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate in which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for Comparable Dial-Up Services relative to the applicable Dial-Up Market Vendor Trigger, as measured monthly.
(7) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] shall be applicable only during such periods as [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], or a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] from a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
Appears in 1 contract
Reduction Process. In the event Vendor accepts a proposed New Dial-Up Market Price pursuant to clause (1) of Subsection (ii) of this Subsection (a), then:
(1) Effective as of the Incremental New Ports MP Change Date, the Monthly DAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Date will be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice], and with respect to such New Ports, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provided for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price].
(2) Effective as of the All New Ports MP Change Date, the Monthly DAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] (regardless of when delivered) will be reduced to the New Dial-Up Market Price set forth in the corresponding [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Notice ], and with respect to such New Ports, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential CONFIDENTIAL TREATMENT REQUESTED Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
(3) Effective as of the Base Port MP Change Date, the Monthly EDAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and the Monthly [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] regardless of when delivered will be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice], and with respect to such New Ports and Existing Dial-Up Access Ports, Vendor will, if requested by Customer, match the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price]. Notwithstanding the foregoing:
(4) If Vendor accepts the validity of a proposed New Dial-Up Market Price and reduces prices to the applicable New Dial-Up Access Market Price in a given calendar year, then Vendor shall not be obligated to provide Customer with any additional New Dial-Up Market Price Response with respect to any New Dial-Up Market Price Notice for which the corresponding New Dial-Up Market Price Effective Date occurs in such calendar year.
(5) Vendor shall not be obligated to reduce the Monthly DAP Charge or the Monthly EDAP Charge, as the case may be, at a rate that is[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate at which [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] relative to the applicable[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as measured monthly]. For example, if the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has committed to provide [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or more [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] but immediately following the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as applicable, the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has only provided [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment], then Vendor will only be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and of all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. If during the following month [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has provided an additional [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], then Vendor will be CONFIDENTIAL TREATMENT REQUESTED obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to a [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time (i.e., for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment].
(6) Vendor shall not be obligated to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] corresponding to a New Dial-Up Market Price at a rate that is [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate in which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for Comparable Dial-Up Services relative to the applicable Dial-Up Market Vendor Trigger, as measured monthly].
(7) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] shall be applicable only during such periods as [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], or a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] from a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
Appears in 1 contract
Reduction Process. In the event Vendor accepts a proposed New Dial-Up Broadband Backhaul Market Price pursuant to clause (1) of Subsection (ii) of this Subsection (a), then:
(1) Effective then effective as of the Incremental later of (a) the New Ports MP Change DateBroadband Backhaul Market Price Effective Date corresponding to such New Broadband Backhaul Market Price Notice, the Monthly DAP Charge for all and (b) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Date ], the Monthly Per Subscriber Line Charge will be reduced to the New Dial-Up Broadband Backhaul Market Price set forth in the corresponding New Dial-Up Broadband Backhaul Market Price Notice, and with respect to such New PortsBroadband Backhaul Services, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provided for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price.
(2) Effective as of the All New Ports MP Change Date]; provided, the Monthly DAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] (regardless of when delivered) will be reduced to the New Dial-Up Market Price set forth in the corresponding [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Notice and with respect to such New Portshowever, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential CONFIDENTIAL TREATMENT REQUESTED Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
(3) Effective as of the Base Port MP Change Date, the Monthly EDAP Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and the Monthly [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] regardless of when delivered will be reduced to the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice, and with respect to such New Ports and Existing Dial-Up Access Ports, Vendor will, if requested by Customer, match the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price. Notwithstanding the foregoing:
(4) If Vendor accepts the validity of a proposed New Dial-Up Market Price and reduces prices to the applicable New Dial-Up Access Market Price in a given calendar year, then Vendor shall not be obligated to provide Customer with any additional New Dial-Up Market Price Response with respect to any New Dial-Up Market Price Notice for which the corresponding New Dial-Up Market Price Effective Date occurs in such calendar year.
(5) Vendor shall not be obligated to reduce the Monthly DAP Charge or the Monthly EDAP Charge, as the case may be, at a rate that is[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate at which [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] relative to the applicable[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as measured monthly. For example, if the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has committed to provide [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or more [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] but immediately following the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as applicable, the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has only provided [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment], then Vendor will only be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and of all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. If during the following month [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has provided an additional [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], then Vendor will be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to a [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time (i.e., for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment].
(6) Vendor shall not be obligated to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] corresponding ]. Notwithstanding the foregoing:
(1) Vendor shall not be obligated to a New Dial-Up Market Price reduce the Monthly Per Subscriber Line Charge at a rate that is more rapid than the rate at which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides Customer with [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] relative to the applicable [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], as measured monthly. CONFIDENTIAL TREATMENT REQUESTED Example 1 - [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]: For example, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. Example 2 - [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]: For example, if instead, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
(2) Vendor shall not be obligated to match the average bandwidth available per user at peak for the Comparable Broadband Backhaul Services corresponding to a New Broadband Backhaul Market Price at a rate that is more rapid than the rate in which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at relative to the applicable [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for Comparable Dial-Up Services relative to the applicable Dial-Up Market Vendor Trigger, as measured monthly].
(73) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] A New Broadband Backhaul Market Price shall be applicable only during such periods as [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], or a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] from a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
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Reduction Process. In the event Vendor accepts a proposed New Dial-Up Broadband Backhaul Market Price pursuant to clause (1) of Subsection (ii) of this Subsection (a), then:
(1) Effective then effective as of the Incremental later of (a) the New Ports MP Change DateBroadband Backhaul Market Price Effective Date corresponding to such New Broadband Backhaul Market Price Notice, the Monthly DAP Charge for all and (b) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Date ], the Monthly Per Subscriber Line Charge will be reduced to the New Dial-Up Broadband Backhaul Market Price set forth in the corresponding New Dial-Up Broadband Backhaul Market Price Notice, and with respect to such New PortsBroadband Backhaul Services, Vendor will, if requested by Customer, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per corresponding to such New Broadband Backhaul Market Price; provided, however, that Vendor shall not be obligated to reduce the Monthly Per Subscriber Line Charge [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for which Vendor reduced prices pursuant to this Subsection (iii). Notwithstanding the foregoing:
(1) Vendor shall not be obligated to reduce the Monthly Per Subscriber Line Charge at a rate that is more rapid than the rate at which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides Customer with [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] relative to the applicable [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], as measured monthly. Example 1 - [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. For example, if the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the New Broadband Backhaul Market Price, but immediately following the Broadband Backhaul Market Price Effective Date, the Broadband Backhaul Market Vendor has only provided Customer with [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provided for ], then Vendor will only be obligated to reduce the Monthly Per Subscriber Line Charge [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding ], then Vendor will be obligated to such New Dial-Up Market Price.
(2) Effective as of the All New Ports MP Change Date, reduce the Monthly DAP Per Subscriber Line Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] (regardless of when delivered) will be reduced to the New Dial-Up Market Price set forth in the corresponding ]. Example 2 - [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Notice and with respect to such New Ports]. For example, Vendor willif, if requested by Customerinstead, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per [*Material Omitted and Separately Filed Under an Application for Confidential CONFIDENTIAL TREATMENT REQUESTED Treatment] for ]. If as of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Broadband Backhaul Market Price Effective Date, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
(3) Effective as of the Base Port MP Change Date, then Vendor will only be obligated to reduce the Monthly EDAP Per Subscriber Line Charge for all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and ]. If in the Monthly following month, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] regardless of when delivered ], then Vendor will be reduced obligated to reduce the New Dial-Up Market Price set forth in the corresponding New Dial-Up Market Price Notice, and with respect to such New Ports and Existing Dial-Up Access Ports, Vendor will, if requested by Customer, match the Monthly Per Subscriber Line Charge for fifty [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] available per ]. If in following month, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for ], then Vendor will be obligated to reduce the Monthly Per Subscriber Line Charge [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Services corresponding to such New Dial-Up Market Price]. Notwithstanding If in the foregoing:
(4) If Vendor accepts the validity of a proposed New Dial-Up Market Price and reduces prices to the applicable New Dial-Up Access Market Price in a given calendar yearfollowing month, then Vendor shall not be obligated to provide Customer with any additional New Dial-Up Market Price Response with respect to any New Dial-Up Market Price Notice for which the corresponding New Dial-Up Market Price Effective Date occurs in such calendar year.
(5) Vendor shall not be obligated to reduce the Monthly DAP Charge or the Monthly EDAP Charge, as the case may be, at a rate that is[*Material [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate at which ]
(2) Vendor shall not be obligated [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] relative to the applicable[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as measured monthly. For example, if the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has committed to provide [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or more [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] but immediately following the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] or the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as applicable, the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has only provided [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment], then Vendor will only be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and of all [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]. If during the following month [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] has provided an additional [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], then Vendor will be obligated to reduce the Monthly DAP Charge or Monthly EDAP Charge, as the case may be, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the applicable month that are subject to a [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at that time (i.e., for [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] delivered on or after the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of such date, of all[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] as of the [*Material Omitted and CONFIDENTIAL TREATMENT REQUESTED Separately Filed Under an Application for Confidential Treatment].
(63) Vendor shall not be obligated to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for the[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] corresponding to a A New Dial-Up Broadband Backhaul Market Price at a rate that is [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] than the rate in which the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] provides [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] per[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] for Comparable Dial-Up Services relative to the applicable Dial-Up Market Vendor Trigger, as measured monthly.
(7) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] shall be applicable only during such periods as [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] at such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], or a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment] from a[*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
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