Regulatory Approvals. 10.1 This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval. 10.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement. 10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified. 10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 23 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and Embarq will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 14 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary §4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either Party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and Embarq will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 6 contracts
Samples: Master Resale Agreement, Master Resale Agreement, Master Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. CenturyLink may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, CenturyLink is not agree on an amendment within thirty (30) days from required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination, then CenturyLink may discontinue such service, facility, arrangement, or benefit (“Discontinued Arrangement”) after providing sixty (60) Days written notice to CLEC. Such right to discontinue shall apply to any Discontinued Arrangement that CLEC might order during such sixty (60) Day notice period. CLEC may submit a dispute concerning such Discontinued Arrangement to the Parties shall resolve their dispute under the applicable procedures set forth Commission for resolution during such sixty (60) Day notice period, notwithstanding any longer period specified in the Dispute Resolution Section of this Agreementprovisions for other disputes.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 6 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. CenturyLink may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, CenturyLink determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then CenturyLink may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and CenturyLink will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 4 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary §4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either Party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. CenturyLink may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, CenturyLink determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then CenturyLink may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and CenturyLink will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 4 contracts
Samples: Master Resale Agreement, Master Resale Agreement, Master Resale Agreement
Regulatory Approvals. 10.1 This 2.1 The Parties shall promptly submit this Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. Following such submission, the Parties shall submit the Agreement to any other applicable governmental entity for any requisite approvals. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 2.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate of competent jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, or which materially reduce or alter the services required by statute or regulations and embodied in this Agreement, then the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with conform to such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from after the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Section 24 (Dispute Resolution Section Procedures) hereof.
2.3 The Parties intend that any services requested by either Party relating to the subject matter of this Agreement that are not offered hereunder will be incorporated into this Agreement by amendment upon agreement by the Parties.
2.4 In the event that any legally effective legislative, regulatory, judicial or other legal action materially affects any material terms of this Agreement.
10.3 The Parties acknowledge that , or the ability of MCIm or Xxxx Atlantic to perform any material terms of this Agreement were established pursuant to FCC Agreement, MCIm or Xxxx Atlantic may, on thirty (30) days written notice (delivered not later than thirty (30) days following the date on which such action has become legally binding or has otherwise become legally effective) require that such terms be renegotiated, and Commission orders. Nothing the Parties shall renegotiate in good faith such mutually acceptable new terms as may be required.
2.5 When this Agreement is filed with the Commission for approval, the Parties will request that the Commission: (a) approve the Agreement, and (b) refrain from taking any action to change, suspend or otherwise delay implementation of the Agreement.
2.6 Each Party shall be deemed an admission by responsible for obtaining and keeping in effect all FCC, Commission, franchise authority and other governmental approvals, that may be required in connection with the Parties regarding the interpretation or effect performance of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedits respective obligations under this Agreement.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted by Embarq to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. Except as otherwise stated in this Section 4.2, the Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement. Although not all rates listed in Table 1 have been approved through a state commission generic cost proceeding, all rates listed in Table 1 are subject to change as described in this Section.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the amended rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cannot agree on an amendment within thirty (30) days from subject matter hereof rendered after the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section Effective Date of this Agreement, Embarq determines that it is not required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (“Discontinued Arrangement”) to the extent permitted by any such decision, order, or determination by providing sixty (60) days' written notice to CLEC. Immediately upon provision of such written notice to CLEC, CLEC will be prohibited from ordering and Embarq will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 3 contracts
Samples: Master Interconnection, Collocation and Resale Agreement, Master Interconnection, Collocation and Resale Agreement, Master Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Sprint may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Sprint determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Sprint may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission determination by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.providing sixty
Appears in 3 contracts
Samples: Interconnection, Collocation and Resale Agreement, Master Interconnection, Collocation and Resale Agreement, Master Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 This 2.1 The Parties shall promptly submit this Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. Following such submission, the Parties shall submit the Agreement to any other applicable governmental entity for any requisite approvals. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 2.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate of competent jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, or which materially reduce or alter the services required by statute or regulations and embodied in this Agreement, then the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with conform to such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from after the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Section 24 (Dispute Resolution Section Procedures) hereof.
2.3 The Parties intend that any services requested by either Party relating to the subject matter of this Agreement that are not offered hereunder will be incorporated into this Agreement by amendment upon agreement by the Parties.
2.4 In the event that any legally effective legislative, regulatory, judicial or other legal action materially affects any material terms of this Agreement.
10.3 The Parties acknowledge that , or the ability of MCIm or Bell Atlantic to perform any material terms of this Agreement were established pursuant to FCC Agreement, MCIm or Bell Atlantic may, on thirty (30) days written notice (delivered not later than thirty (30) days following the date on which such action has become legally binding or has otherwise become legally effective) require that such terms be renegotiated, and Commission orders. Nothing the Parties shall renegotiate in good faith such mutually acceptable new terms as may be required.
2.5 When this Agreement is filed with the Commission for approval, the Parties will request that the Commission: (a) approve the Agreement, and (b) refrain from taking any action to change, suspend or otherwise delay implementation of the Agreement.
2.6 Each Party shall be deemed an admission by responsible for obtaining and keeping in effect all FCC, Commission, franchise authority and other governmental approvals, that may be required in connection with the Parties regarding the interpretation or effect performance of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedits respective obligations under this Agreement.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 3 contracts
Samples: General Terms and Conditions, Interconnection Agreement, Interconnection Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and CLEC shall use their best efforts to obtain Commission approval of this Agreement. In the event any governmental authority or agency of competent jurisdiction the Commission rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC, the Commission and relevant decisions and orders of courts as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other final legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates or issues orders"Amended Rules"), or a court with appropriate jurisdiction issues orderseither Party may, which make unlawful or changes by providing written notice to the intent other Party, require that the affected provisions of this Agreement be renegotiated in good faith within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement. The foregoing shall not be construed to require either Party to renegotiate any provision of this Agreement based upon the other Party’s assertion of a changed interpretation of any statute, rule, regulation or order in the absence of a statute, rule, regulation or order adopted, promulgated or issued after the Effective Date supporting such interpretation.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or conditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate modifications to this Agreement, either Party may invoke the Dispute Resolution provisions of this Agreement, it being the intent of the Parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. CenturyLink may charge rates to CLEC under this Agreement that are approved by the Commission in good faith a generic cost proceeding, whether such action was commenced before or after the Effective Date of this Agreement, as of the effective date of the Commission decision, subject to the Parties completing the change of law process described in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or ordersSection 4.2.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, CenturyLink determines that it is not agree on an amendment within thirty (30) days from the date required to furnish any such rulesservice, regulations facility, arrangement, or orders become effectivebenefit required to be furnished or provided to CLEC under this Agreement, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms CenturyLink may require renegotiation of this Agreement were established or an amendment to this Agreement pursuant to FCC Section 4.2.
4.5. Execution of this Agreement by either Party does not confirm or imply that the executing Party agrees with any decision(s) issued pursuant to the Act and Commission orders. Nothing the consequences of those decisions on specific language in this Agreement shall be deemed an admission by the Parties regarding the interpretation Agreement. Neither Party waives its rights to appeal or effect otherwise challenge any such decision(s) and each Party reserves all of these rules or orders or an admission by either party that the existing rules or order shall not be changedits rights to pursue any and all legal and /or equitable remedies, vacated dismissed or modifiedincluding appeals of any such decision(s).
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Regulatory Approvals. 10.1 2.1. This Agreement, and any amendment or modification hereof, will be submitted by Sprint to the Commission for approval in accordance with Section 252 of the Act. Sprint and Carrier shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement and to make any required tariff modifications. Carrier shall not order services under this Agreement before the Effective Date except as may otherwise be agreed in writing between the Parties. Sprint agrees not to disconnect any current interconnection facilities during the approval period, except as otherwise allowed under the terms of this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 In 2.2. The Parties acknowledge that the event respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC or and the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate jurisdiction issues orders, which make unlawful or changes as of the intent of any provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or ordersEffective Date (“Applicable Rules”). In the event of any amendment to the Parties cannot agree on an amendment within thirty Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award or other legal action purporting to apply the provisions of the Act which revises, modifies or reverses the Applicable Rules (30) days from individually and collectively, “Amended Rules”), either Party may, by providing written notice to the date any such rulesother Party, regulations or orders become effective, then require that the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms affected provisions of this Agreement were established pursuant to FCC be renegotiated in good faith and Commission orders. Nothing in this Agreement shall be deemed an admission by amended accordingly to reflect the Parties regarding pricing, terms and conditions of each such Amended Rules relating to any of the interpretation or effect of these rules or orders or an admission by provisions in this Agreement. In the event such new terms are not renegotiated within ninety (90) days after such notice, either party that the existing rules or order shall not be changed, vacated dismissed or modifiedParty may invoke Dispute Resolution procedure as set forth in Section 19.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties shall negotiate promptly and in good faith in order to amend intent of the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge parties that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission brought into conformity with the then current obligations under the Act as determined by the Parties regarding Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the interpretation Commission in a generic cost proceeding, whether such action was commenced before or effect of these rules or orders or an admission by either party that after the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing Effective Date of this Interconnection Agreement and share equally Agreement, as of the expenses associated with obtaining effective date of the Commission approvaldecision.
Appears in 2 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and Embarq will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 2 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 This 4.1. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the subject matter hereof, Embarq is not required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, and then to the extent permitted by any amendment such decision, order, or modification hereofdetermination, will be submitted Embarq may discontinue such service, facility, arrangement, or benefit (“Discontinued Arrangement”) after providing sixty (60) Days written notice to CLEC. Such right to discontinue shall apply to any Discontinued Arrangement that CLEC might order during such sixty (60) Day notice period. CLEC may submit a dispute concerning such Discontinued Arrangement to the Commission for approval resolution during such sixty (60) Day notice period, notwithstanding any longer period specified in accordance with Section 252 the Dispute Resolution provisions for other disputes.
4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the ActAct and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any governmental authority amendment of the Act, any effective legislative action or agency any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of competent jurisdiction rejects any provision hereof, the Act to the Parties shall negotiate promptly and or in good faith such revisions as may reasonably be required to achieve approval.
10.2 In which the event the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary §4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either Party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. CenturyLink may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, CenturyLink determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then CenturyLink may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and CenturyLink will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 2 contracts
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on Sections 251 and 252 of the Act as well as the orders, rules and regulations promulgated thereunder by the FCC and Commission as of execution date of the Agreement (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, "Amended Rules), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement. Where a Party provides notice to the other Party within sixty (60) Days of the effective date of an order issuing a legally binding change, which also specifies an amendment to this Agreement is required to implement the Amended Rules, any resulting amendment shall be deemed effective on the effective date of the legally binding Amended Rules for rates, and to the extent practicable for other terms and conditions, unless otherwise ordered. In the event neither Party provides such notice within sixty (60) Days, the effective date of the legally binding change shall be the effective date of the amendment unless the Parties agree to a different date. Provided however, if either Party disputes the need to amend this Agreement to implement the Amended Rules, it shall be resolved in accordance with the Dispute Resolution provisions of this Agreement and, if it is determined that an amendment is required, such amendment shall be effective on the date of such determination, unless the Dispute Resolution was commenced within the sixty (60) days of the effective date of the order issuing a legally binding change in which case the amendment shall be deemed effective on the effective date of the legally binding Amended Rules.,
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or conditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as provided in section 4.2, whether such action was commenced before or after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate modifications to this Agreement, either party may invoke the Dispute Resolution provisions of this Agreement, it being the intent of the parties that this Agreement shall be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. A Party may charge rates to the other Party under this Agreement that are approved by the FCC or issues ordersCommission in a generic cost proceeding or ruling, whether such action was commenced before or after the Effective Date of this Agreement, as of the effective date of the FCC or Commission decision.
4.4. Notwithstanding anything to the contrary in this Agreement, neither Party waives, and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise seek the reversal of and changes in any arbitration decision associated with this Agreement; (b) to seek changes in this Agreement (including, but not limited to, changes in rates, charges and the services that must be offered) through changes in Applicable Law; and, (c) to challenge the lawfulness and propriety of, and to seek to change, any Applicable Law, including, but not limited to any rule, regulation, order or decision of the Commission, the FCC, or a court with appropriate jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission ordersjurisdiction. Nothing in this Agreement shall be deemed an admission by to limit or prejudice any position a Party has taken or may take before the Parties regarding Commission, the interpretation FCC, any other state or effect federal regulatory or legislative bodies, courts of these rules applicable jurisdiction, or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 industry fora. The Parties jointly agree to cooperate in the filing provisions of this Interconnection Agreement and share equally Section shall survive the expenses associated with obtaining Commission approvalexpiration, cancellation or termination of this Agreement.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates or issues orders"Amended Rules"), or a court with appropriate jurisdiction issues orderseither Party may, which make unlawful or changes by providing written notice to the intent other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with the contrary Section 4.2 hereof shall control. Any rates, terms or conditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such rules, regulations action was commenced before or ordersafter the
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC CLEC will be prohibited from ordering and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall Embarq will not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.provide new Discontinued Arrangements.
Appears in 1 contract
Regulatory Approvals. 10.1 3.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 3.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
3.3. Notwithstanding any other provision of this Agreement to the contrary §3.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties shall negotiate promptly and in good faith in order to amend intent of the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge parties that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission brought into conformity with the then current obligations under the Act as determined by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedamended rules.
10.4 The Parties jointly agree to cooperate 3.4. On May 24, 2002, the D.C. Circuit Court of Appeals issued its opinion in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approvalU. S. Telecom Assn.
Appears in 1 contract
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted by Embarq to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. Except as otherwise stated in this Section 4.2, the Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement. Although not all rates listed in Table 1 have been approved through a state commission generic cost proceeding, all rates listed in Table 1 are subject to change as described in this Section.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the amended rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof rendered after the Effective Date of this Agreement, Embarq is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination after providing sixty (60) days' written notice to CLEC. Such right to discontinue shall apply to any Discontinued Arrangement that CLEC might order during such sixty (60) Day notice period. CLEC may submit a dispute concerning such Discontinued Arrangement to the Commission for resolution during such sixty (60) Day notice period, then the Parties shall resolve their dispute under the applicable procedures set forth notwithstanding any longer period specified in the Dispute Resolution Section of this Agreementprovisions for other disputes.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Telecommunications
Regulatory Approvals. 10.1 3.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 3.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
3.3. Notwithstanding any other provision of this Agreement to the contrary §3.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and in good faith in order to amend be brought into conformity with the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute current obligations under the applicable procedures Act as determined by the amended rules.
3.3.1. On April 27, 2001, the Federal Communications Commission (FCC) released Order on Remand and Report and Order, FCC 01-131, CC Docket No. 96-98, adopted April 18, 2001, relating to intercarrier compensation for telecommunications traffic delivered to Internet service providers. The FCC's decision modifies FCC rules 47 CFR §§ 51.701(b)(1)-(2), 51.701(a), 51.701(c)-(e), 51.703, 51.705, 51.707, 51.709, 51.711, 51.713, 51.715 and 51.717. The FCC Order on Remand and Report and Order is/will be effective 30 days after publication in the Federal Register, except 251(i) rights as set forth in paragraph 82 of the Dispute Resolution Section Order, will be effective upon publication in the Federal Register. The FCC Order on Remand and Report and Order affects certain provisions of this Agreement, including some of the rates contained in this Agreement.
10.3 The Parties acknowledge 3.3.2. Pursuant to paragraphs 3.2 and 3.3 of this Agreement, either Party may require that terms the affected provisions of this Agreement were established pursuant be renegotiated in good faith and amended to FCC reflect the Order on Remand and Commission orders. Nothing in this Agreement shall Report and Order, such changes to be deemed an admission by effective as of the Parties regarding effective date of the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedOrder on Remand and Report and Order.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 2.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section (S) 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 2.2. The Parties acknowledge that the respective rights and obligations of each party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date ("Applicable Rules"). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration aware, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates Amended Rules), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
2.3. Notwithstanding any other provision of this Agreement to the contrary (S)2.2 hereof shall control. Any rates, term or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the amended rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties shall negotiate promptly and in good faith in order to amend intent of the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge parties that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission brought into conformity with the then current obligations under the Act as determined by the Parties regarding the interpretation or effect of these rules or orders or an admission amended rules.
2.4. Additional services, beyond those specified herein, requested by either party that relating to the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing subject matter of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approvalwill be incorporated into this Agreement by written amendment hereto.
Appears in 1 contract
Samples: Master Interconnection and Resale Agreement (Pac-West Telecomm Inc)
Regulatory Approvals. 10.1 This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, or which impose new or different obligations on a Party, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Section 8 (Dispute Resolution Section of this AgreementResolution) hereof.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 3.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 3.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of (i) any amendment of the Act; (ii) any effective legislative action; (iii) any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement; or (iv) other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable, any of which becomes effective subsequent to the Effective Date of the Agreement and revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
3.3. Notwithstanding any other provision of this Agreement to the contrary §3.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties shall negotiate promptly and in good faith in order to amend intent of the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge parties that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission brought into conformity with the then current obligations under the Act as determined by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedAmended Rules.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 8.1 This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 8.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Section 6 (Dispute Resolution Section of this AgreementResolution) hereof.
10.3 8.3 The Parties acknowledge that any terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in Any or all of the terms of this Agreement shall may be deemed an admission altered or abrogated by a successful challenge to the FCCs and Commission’s decisions related to the Agreement as permitted by Applicable Law. By signing this Agreement, the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall do not be changed, vacated dismissed or modifiedwaive their right to pursue such a challenge.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Resale Agreement
Regulatory Approvals. 10.1 This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good ingood faith such revisions as may reasonably be required to achieve approval.
10.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable theapplicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Local Resale Service Agreement
Regulatory Approvals. 10.1 3.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 3.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates or issues orders"Amended Rules"), or a court with appropriate jurisdiction issues orderseither Party may, which make unlawful or changes by providing written notice to the intent other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
3.3. On May 24, 2002, the D.C. Circuit Court of Appeals issued its opinion in U. S. Telecom Assn. V. FCC, No. 00-1012, vacating the FCC’s order In the Matters of Deployment of Wireline Services Offering Advanced Telecommunications Capability and Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, Third Report and Order in CC Docket No. 98- 147 and Fourth Report and Order in CC Docket No. 96-98, 14 FCC Rcd 20912 (1999). Notwithstanding any other provisions in this Agreement, Sprint reserves its right to request renegotiation of any provisions of this Agreement affected by the D.C. Circuit Court decision after the effective date of this decision.
3.4. Notwithstanding any other provision of this Agreement to the contrary §3.2 hereof shall control. Any rates, terms or conditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate modifications to this Agreement, either party may invoke the Dispute Resolution provisions of this Agreement, it being the Parties shall negotiate promptly and in good faith in order to amend intent of the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge parties that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission brought into conformity with the then current obligations under the Act as determined by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedamended rules.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted by CenturyLink to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.approval.
10.2 4.2. Except as otherwise stated in this Section 4.2, the Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement. Although not all rates listed in Table 1 have been approved through a state commission generic cost proceeding, all rates listed in Table 1 are subject to change as described in this Section.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the amended rules. CenturyLink may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof rendered after the Effective Date of this Agreement, CenturyLink is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then CenturyLink may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination after providing sixty (60) days' written notice to CLEC. Such right to discontinue shall apply to any Discontinued Arrangement that CLEC might order during such sixty (60) Day notice period. CLEC may submit a dispute concerning such Discontinued Arrangement to the Commission for resolution during such sixty (60) Day notice period, then the Parties shall resolve their dispute under the applicable procedures set forth notwithstanding any longer period specified in the Dispute Resolution Section of this Agreementprovisions for other disputes.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary § 2.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties shall negotiate promptly and in good faith in order to amend intent of the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge parties that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission brought into conformity with the then current obligations under the Act as determined by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedAmended Rules.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Master Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary §4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either Party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and Embarq will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Master Resale Agreement
Regulatory Approvals. 10.1 3.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 3.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates or issues orders"Amended Rules"), or a court with appropriate jurisdiction issues orderseither Party may, which make unlawful or changes by providing written notice to the intent other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
3.3. On May 24, 2002, the D.C. Circuit Court of Appeals issued its opinion in U. S. Telecom Assn. V. FCC, No. 00-1012, vacating the FCC’s order In the Matters of Deployment of Wireline Services Offering Advanced Telecommunications Capability and Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, Third Report and Order in CC Docket No. 98- 147 and Fourth Report and Order in CC Docket Xx. 00-00, 00 XXX Xxx 00000 (1999). Notwithstanding any other provisions in this Agreement, Sprint reserves its right to request renegotiation of any provisions of this Agreement affected by the D.C. Circuit Court decision after the effective date of this decision.
3.4. Notwithstanding any other provision of this Agreement to the contrary §3.2 hereof shall control. Any rates, terms or conditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate modifications to this Agreement, either party may invoke the Dispute Resolution provisions of this Agreement, it being the Parties shall negotiate promptly and in good faith in order to amend intent of the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge parties that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission brought into conformity with the then current obligations under the Act as determined by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedamended rules.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission determination by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.providing sixty
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Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain Commission approval of this Agreement. In the event any governmental authority or agency of competent jurisdiction the Commission rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC, the Commission and relevant decisions and orders of courts as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other final legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates or issues orders"Amended Rules"), or a court with appropriate jurisdiction issues orderseither Party may, which make unlawful or changes by providing written notice to the intent other Party, require that the affected provisions of this Agreement be renegotiated in good faith within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement. The foregoing shall not be construed to require either Party to renegotiate any provision of this Agreement based upon the other Party’s assertion of a changed interpretation of any statute, rule, regulation or order in the absence of a statute, rule, regulation or order adopted, promulgated or issued after the Effective Date supporting such interpretation.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or conditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate modifications to this Agreement, either Party may invoke the Dispute Resolution provisions of this Agreement, it being the intent of the Parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith a generic cost proceeding, whether such action was commenced before or after the Effective Date of this Agreement, as of the effective date of the Commission decision, subject to the Parties completing the change of law process described in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or ordersSection 4.2.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty (30) days from the date required to furnish any such rulesservice, regulations facility, arrangement, or orders become effectivebenefit required to be furnished or provided to CLEC under this Agreement, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms Embarq may require renegotiation of this Agreement were established or an amendment to this Agreement pursuant to FCC Section 4.2.
4.5. Execution of this Agreement by either Party does not confirm or imply that the executing Party agrees with any decision(s) issued pursuant to the Act and Commission orders. Nothing the consequences of those decisions on specific language in this Agreement shall be deemed an admission by the Parties regarding the interpretation Agreement. Neither Party waives its rights to appeal or effect otherwise challenge any such decision(s) and each Party reserves all of these rules or orders or an admission by either party that the existing rules or order shall not be changedits rights to pursue any and all legal and /or equitable remedies, vacated dismissed or modifiedincluding appeals of any such decision(s).
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Interconnection Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary §4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and Embarq will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
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Regulatory Approvals. 10.1 This 2.1 The Parties shall promptly submit this Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. Following such submission, the Parties shall submit the Agreement to any other applicable governmental entity for any requisite approvals. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 2.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate of competent jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, or which materially reduce or alter the services required by statute or regulations and embodied in this Agreement, then the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with conform to such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from after the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Section 24 (Dispute Resolution Section Procedures) hereof.
2.3 The Parties intend that any services requested by either Party relating to the subject matter of this Agreement that are not offered hereunder will be incorporated into this Agreement by amendment upon agreement by the Parties.
2.4 In the event that any legally effective legislative, regulatory, judicial or other legal action materially affects any material terms of this Agreement.
10.3 The Parties acknowledge that , or the ability of MCIm or Xxxx Atlantic to perform any material terms of this Agreement were established pursuant to FCC Agreement, MCIm or Xxxx Atlantic may, on thirty (30)days written notice (delivered not later than thirty (30) days following the date on which such action has become legally binding or has otherwise become legally effective) require that such terms be renegotiated, and Commission orders. Nothing the Parties shall renegotiate in good faith such mutually acceptable new terms as may be required.
2.5 When this Agreement is filed with the Commission for approval, the Parties will request that the Commission: (a) approve the Agreement, and (b) refrain from taking any action to change, suspend or otherwise delay implementation of the Agreement. July 8, 1997 PART A
2.6 Each Party shall be deemed an admission by responsible for obtaining and keeping in effect all FCC, Commission, franchise authority and other governmental approvals, that may be required in connection with the Parties regarding the interpretation or effect performance of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedits respective obligations under this Agreement.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Interconnection Agreement (Broadview Networks Holdings Inc)
Regulatory Approvals. 10.1 3.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 3.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
3.2.1. Notwithstanding any other provision of this Agreement to the contrary §3.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties shall negotiate promptly and in good faith in order to amend intent of the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge parties that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission brought into conformity with the then current obligations under the Act as determined by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedamended rules.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq ILEC and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq ILEC may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq ILEC determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq ILEC may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and Embarq ILEC will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on Sections 251 and 252 of the Act as well as the orders, rules and regulations promulgated thereunder by the FCC and Commission as of execution date of the Agreement (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, "Amended Rules), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement. Where a Party provides notice to the other Party within sixty (60) Days of the effective date of an order issuing a legally binding change, which also specifies an amendment to this Agreement is required to implement the Amended Rules, any resulting amendment shall be deemed effective on the effective date of the legally binding Amended Rules for rates, and to the extent practicable for other terms and conditions, unless otherwise ordered. In the event neither Party provides such notice within sixty (60) Days, the effective date of the legally binding change shall be the effective date of the amendment unless the Parties agree to a different date. Provided however, if either Party disputes the need to amend this Agreement to implement the Amended Rules, it shall be resolved in accordance with the Dispute Resolution provisions of this Agreement and, if it is determined that an amendment is required, such amendment shall be effective on the date of such determination, unless the Dispute Resolution was commenced within the sixty (60) days of the effective date of the order issuing a legally binding change in which case the amendment shall be deemed effective on the effective date of the legally binding Amended Rules.,
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or conditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as provided in section 4.2, whether such action was commenced before or after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate modifications to this Agreement, either party may invoke the Dispute Resolution provisions of this Agreement, it being the intent of the parties that this Agreement shall be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. A Party may charge rates to the other Party under this Agreement that are approved by the FCC or issues ordersCommission in a generic cost proceeding or ruling, whether such action was commenced before or after the Effective Date of this Agreement, as of the effective date of the FCC or Commission decision.
4.4. Notwithstanding anything to the contrary in this Agreement, neither Party waives, and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise seek the reversal of and changes in any arbitration decision associated with this Agreement; (b) to seek changes in this Agreement (including, but not limited to, changes in rates, charges and the services that must be offered) through changes in Applicable Law; and, (c) to challenge the lawfulness and propriety of, and to seek to change, any Applicable Law, including, but not limited to any rule, regulation, order or decision of the Commission, the FCC, or a court with appropriate jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission ordersjurisdiction. Nothing in this Agreement shall be deemed an admission to limit or prejudice any position a Party has taken or may take before the Commission, the FCC, any other state or federal regulatory or legislative bodies, courts of applicable jurisdiction, or industry fora. The provisions of this Section shall survive the expiration, cancellation or termination of this Agreement.
4.5. In the event that as a result of any Amended Rule, a Party is not required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to the other Party under this Agreement, then such service, facility arrangement or benefit may be discontinued (“Discontinued Arrangement”) to the extent expressly permitted by any such decision, order, or determination by providing sixty (60) Days written notice to the Parties regarding other Party. Fifteen (15) Days after provision of such written notice, the interpretation notified Party will be prohibited from ordering such service, facility, arrangement, or effect of these rules or orders or an admission by either party that benefit and the existing rules or order shall notifying Party will not be changedrequired to provide new Discontinued Arrangements. If Parties disagree as to whether an Amended Rule is applicable to the Agreement, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in then the filing dispute resolution provisions of this Interconnection Agreement agreement shall apply and share equally such service, facility, arrangement, or benefit shall continue to be provided hereunder until the expenses associated with obtaining Commission approvaldispute is resolved.
Appears in 1 contract
Regulatory Approvals. 10.1 3.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 3.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic Rev. 06-05-01 12 determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
3.3. Notwithstanding any other provision of this Agreement to the contrary § 3.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and in good faith in order to amend be brought into conformity with the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute current obligations under the applicable procedures Act as determined by the amended rules.
3.3.1. On April 27, 2001, the Federal Communications Commission (FCC) released Order on Remand and Report and Order, FCC 01-131, CC Docket No. 96-98, adopted April 18, 2001, relating to intercarrier compensation for telecommunications traffic delivered to Internet service providers. The FCC's decision modifies FCC rules 47 CFR §§ 51.701(b)(1)-(2), 51.701(a), 51.701(c)-(e), 51.703, 51.705, 51.707, 51.709, 51.711, 51.713, 51.715 and 51.717. The FCC Order on Remand and Report and Order is/will be effective 30 days after publication in the Federal Register, except 251(i) rights as set forth in paragraph 82 of the Dispute Resolution Section Order, will be effective upon publication in the Federal Register. The FCC Order on Remand and Report and Order affects certain provisions of this Agreement, including some of the rates contained in this Agreement.
10.3 The Parties acknowledge 3.3.2. Pursuant to paragraphs 3.2 and 3.3 of this Agreement, either Party may require that terms the affected provisions of this Agreement were established pursuant be renegotiated in good faith and amended to FCC reflect the Order on Remand and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.Report
Appears in 1 contract
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Sprint and AT&T shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable (“Legally Binding Action”) which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates or issues orders"Amended Rules"), or a court with appropriate jurisdiction issues orderseither Party may, which make unlawful or changes by providing written notice to the intent of any provision other Party, require that the affected provisions of this Agreement, the Parties shall negotiate promptly and Agreement be renegotiated in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by amended accordingly within ninety (90) days of the Parties regarding date of the interpretation or effect notice to reflect the pricing, terms and conditions of these rules or orders or an admission by either party each such Amended Rules relating to any of the provisions in this Agreement. For purposes of this section, Legally Binding Action means that the existing rules or order shall legal ruling is in effect and has not be changed, vacated dismissed or modifiedbeen stayed.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the intent of the parties that this Agreement shall be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. The Parties shall negotiate promptly and may charge rates under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, CenturyLink determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then CenturyLink may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC, then the Parties shall resolve their unless CLEC raises a bona fide dispute under the applicable procedures set forth in subject to the Dispute Resolution terms and conditions, Section 24 of this Agreement, with regard to such decision, order or determination. Immediately upon provision of such written notice to CLEC, CLEC will be prohibited from ordering and CenturyLink will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such CoastCom – ICRA: OR – Eff: 05/20/08 12 action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either Party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq is not agree on an amendment within thirty (30) days from required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination, then Embarq may discontinue such service, facility, arrangement, or benefit (“Discontinued Arrangement”) after providing sixty (60) Days written notice to CLEC. Such right to discontinue shall apply to any Discontinued Arrangement that CLEC might order during such sixty (60) Day notice period. CLEC may submit a dispute concerning such Discontinued Arrangement to the Parties shall resolve their dispute under the applicable procedures set forth Commission for resolution during such sixty (60) Day notice period, notwithstanding any longer period specified in the Dispute Resolution Section of this Agreementprovisions for other disputes.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: General Terms and Conditions
Regulatory Approvals. 10.1 2.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) days after obtaining the last required Agreement signature. Sprint and SBCT shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 2.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions required by such Amended Rules relating to any of the provisions in this Agreement.
2.3. Notwithstanding any other provision of this Agreement to the contrary § 3.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be deemed to have been effective under this Agreement as of the effective date established by the Amended Rules, whether such action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either Party may invoke the intent of any provision dispute resolution provisions of this Agreement, it being the intent of the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by brought into conformity with the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modifiedthen Amended Rules.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section §252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. Embarq and CLEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing written notice to the other Party, require that the affected provisions of this Agreement be renegotiated in good faith and this Agreement shall be amended accordingly within sixty (60) Days of the date of the notice to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, whether such NE- Rev. 09.05.07 12 action was commenced before or a court after the Effective Date of this Agreement. Should the Parties be unable to reach agreement with respect to the applicability of such order or the resulting appropriate jurisdiction issues ordersmodifications to this Agreement, which make unlawful or changes either party may invoke the intent of any provision Dispute Resolution provisions of this Agreement, it being the Parties intent of the parties that this Agreement shall negotiate promptly and be brought into conformity with the then current obligations under the Act as determined by the Amended Rules. Embarq may charge rates to CLEC under this Agreement that are approved by the Commission in good faith in order to amend a generic cost proceeding, whether such action was commenced before or after the Agreement to substitute contract provisions which are consistent with such rulesEffective Date of this Agreement, regulations or ordersas of the effective date of the Commission decision.
4.4. In the event that as a result of any effective decision, order, or determination of any judicial or regulatory authority with jurisdiction over the Parties cansubject matter hereof, Embarq determines that it is not agree on an amendment within thirty required to furnish any service, facility, arrangement, or benefit required to be furnished or provided to CLEC under this Agreement, then Embarq may discontinue any service, facility, arrangement, or benefit (30“Discontinued Arrangement”) days from to the date extent permitted by any such rulesdecision, regulations order, or orders become effectivedetermination by providing sixty (60) Days written notice to CLEC. Immediately upon provision of such written notice to CLEC, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this AgreementCLEC will be prohibited from ordering and Embarq will not provide new Discontinued Arrangements.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Regulatory Approvals. 10.1 11.1 This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 11.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders, or a court with appropriate jurisdiction issues orders, which make unlawful or changes the intent of any provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 11.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 11.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.
Appears in 1 contract
Samples: Local Interconnection Agreement
Regulatory Approvals. 10.1 4.1. This Agreement, and any amendment or modification hereof, will be submitted by CenturyLink to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. CenturyLink and PAETEC shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 4.2. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates "Amended Rules"), either Party may, by providing 30-Days written notice to the other Party (“Notice Period”), require that the affected provisions of this Agreement be renegotiated in good faith and if the Parties are unable to agree to a mutually acceptable amendment to this Agreement within sixty (60) days after expiration of the Notice Period to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in this Agreement either Party may request escalation consistent with the Dispute Resolution provisions of this Agreement. If the Parties are unable to reach agreement on an Amendment after escalation, either Party may file with the Commission for resolution.
4.3. Notwithstanding any other provision of this Agreement to the contrary Section 4.2 hereof shall control. Any rates, terms or issues ordersconditions thus developed or modified shall be substituted in place of those previously in effect and shall be effective under this Agreement as of the effective date established by the Amended Rules, or other date, if any specified in the Amended Rules whether such action was commenced before or after the Effective Date of this Agreement. CenturyLink may charge rates to PAETEC under this Agreement that are approved by the Commission in a court with appropriate jurisdiction issues ordersgeneric cost proceeding, which make unlawful whether such action was commenced before or changes after the intent of any provision Effective Date of this Agreement, as of the Parties shall negotiate promptly and in good faith in order to amend effective date of the Agreement to substitute contract provisions which are consistent with such rulesCommission decision; provided however, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.CenturyLink must provide PAETEC
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
Regulatory Approvals. 10.1 This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section 252 of the Act. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC, the Commission and relevant decisions and orders of courts as of the date of this Agreement (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action, or any final, effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other final legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which substantially revises, modifies or regulationsreverses the Applicable Rules, rates Carrier or issues ordersFrontier may, or a court with appropriate jurisdiction issues orders, which make unlawful or changes on thirty (30) days’ written notice require that the intent of any provision affected terms of this AgreementAgreement be renegotiated, and the Parties shall negotiate promptly and renegotiate in good faith in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or ordersmutually acceptable new terms as may be required. In the event the Parties cannot agree on an amendment within thirty sixty (3060) days from the date any of such rules, regulations or orders become effectiverequest for renegotiation, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and Agreement. If the Commission assesses any filing fee or requires the provision or publication of notices related to such approval, the Parties shall share equally the expenses associated with obtaining Commission approvalcost of such filing fee or notices equally.
Appears in 1 contract
Samples: Carrier to Carrier Agreement
Regulatory Approvals. 10.1 3.1 This Agreement, and any amendment or modification hereof, will be submitted to the Commission for approval in accordance with Section § 252 of the ActAct within thirty (30) Days after obtaining the last required Agreement signature. NPTC and MCIm shall use their best efforts to obtain approval of this Agreement by any regulatory body having jurisdiction over this Agreement. In the event any governmental authority or agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in good faith such revisions as may reasonably be required to achieve approval.
10.2 3.2 The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the texts of the Act and the orders, rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date (“Applicable Rules”). In the event of any amendment of the Act, any effective legislative action or any effective regulatory or judicial order, rule, regulation, arbitration award, dispute resolution procedures under this Agreement or other legal action purporting to apply the provisions of the Act to the Parties or in which the court, FCC or the Commission promulgates rules makes a generic determination that is generally applicable which revises, modifies or regulationsreverses the Applicable Rules (individually and collectively, rates or issues orders"Amended Rules"), or a court with appropriate jurisdiction issues orderseither Party may, which make unlawful or changes by providing written notice to the intent of any provision other Party, require that the affected provisions of this Agreement, the Parties shall negotiate promptly and Agreement be renegotiated in good faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions of each such Amended Rules relating to any of the provisions in order to amend the Agreement to substitute contract provisions which are consistent with such rules, regulations or orders. In the event the Parties cannot agree on an amendment within thirty (30) days from the date any such rules, regulations or orders become effective, then the Parties shall resolve their dispute under the applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and Commission orders. Nothing in this Agreement shall be deemed an admission or construed to prohibit NPTC from charging rates to MCIm under this Agreement if such rates are approved by the Parties regarding the interpretation or effect of these rules or orders or an admission by either party that the existing rules or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share equally the expenses associated with obtaining Commission approval.Commission..
Appears in 1 contract
Samples: Telecommunications
