Common use of Renegotiation of Certain Terms Clause in Contracts

Renegotiation of Certain Terms. Notwithstanding anything to the contrary in Section 21.1, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of any or all of the rates, prices, charges, terms, and conditions of the products and services described in this Agreement, with such resulting rates, prices, charges, terms and conditions to be effective upon expiration of the Term. Upon receipt of notice, each Party shall have a good faith obligation to engage in such negotiations. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within ninety (90) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If prior to the expiration of the Term, the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions, or the Commission has not issued its order to establish such provisions, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to the expiration date of such Term.

Appears in 7 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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Renegotiation of Certain Terms. Notwithstanding anything to the contrary in Section 21.1foregoing, upon delivery of written notice at least one hundred twenty thirty-five (120135) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of any or all of the rates, prices, prices and charges, terms, and conditions of the products and services described in this Agreement, with such resulting rates, prices, charges, terms and conditions to be provided under this Agreement effective upon expiration of the Termsuch expiration. Upon receipt of notice, each Party shall have a good faith obligation to engage in such negotiations. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within ninety one hundred thirty-five (90135) days of such written notice, either Party may petition the Commission or the FCC or take such other action as may be necessary to establish appropriate terms. If prior to the expiration of the Term, Term the Parties are unable to mutually agree on such new rates, prices, charges, charges and terms and conditions, or the Commission or the FCC has not issued its order to establish such provisions, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or the FCC or negotiated by the Parties shall will be effective retroactive to the expiration date of such Term.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Renegotiation of Certain Terms. Notwithstanding anything to the contrary in Section 21.1foregoing, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Termrenewal term, either Party party may require negotiations of any or all of the rates, prices, prices and charges, terms, and conditions of the products and services described in this Agreement, with such resulting rates, prices, charges, terms and conditions to be provided under this Agreement effective upon expiration of the Term. Upon receipt of notice, each Party shall have a good faith obligation to engage in such negotiationsexpiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within ninety (90) days of such written notice, either Party party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If prior to the expiration of the Term, the Parties are unable to mutually agree on such new rates, prices, charges, charges and terms and conditions, or the Commission has does not issued issue its order prior to establish such provisionsthe applicable expiration date, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall will be effective retroactive to such expiration date. If a Party has given written notice of termination as set forth above, and if the expiration date Parties have not mutually agreed to temporarily extend the terms of such Termthis Agreement pending re-negotiation, this Agreement shall expire at the end of the Term and shall not govern the relationship of the Parties after that date.

Appears in 1 contract

Samples: Interconnection Agreement

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Renegotiation of Certain Terms. Notwithstanding anything to the contrary in Section 21.1, upon delivery of written notice at least one hundred ------------ twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of any or all of the rates, prices, charges, terms, and conditions of the products and services described in this Agreement, with such resulting rates, prices, charges, terms and conditions to be effective upon expiration of the Term. Upon receipt of notice, each Party shall have a good faith obligation to engage in such negotiations. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within ninety (90) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If prior to the expiration of the Term, the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions, or the Commission has not issued its order to establish such provisions, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to the expiration date of such Term.

Appears in 1 contract

Samples: Interconnection Agreement (Madison River Capital LLC)

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