Common use of Replacement of Non-Interim Rates Clause in Contracts

Replacement of Non-Interim Rates. 1.2.1 Certain of the current rates, prices and charges set forth in this Agreement may have been established by the Commission (“Commission-established “Current Rate(s)”). All rates included in this Agreement that are not specifically excluded from treatment under this Section 1.2, or that are not marked as interim or as “TBD” (To Be Determined) shall be considered Commission-established Current Rates. If, during the Term of this Agreement the Commission or the FCC modifies a Commission-established Current Rate(s) in an order or docket that is established by the Commission or FCC to be generally applicable (i.e., not an order or docket relating only to a specific complaint or interconnection agreement arbitration) to the Interconnection Services, either Party may provide written notice (“Rate Change Notice”) to the other Party, after the effective date of such order, that it wishes for the modified Commission-established Non-Interim Rate(s), (“Modified Rate(s)”) to replace and supersede the Commission-established Current Rate(s) already set forth in this Agreement. Following such Rate Change Notice by either Party, and without the need for any written amendment or further Commission action, CLEC’s billing tables will be updated to reflect (and CLEC shall pay) the Modified Rate(s), pursuant to timeframes as specifically set forth in Section 1.2.1.1 below and Section 1.2.1.3 below, and the Modified Rate(s) will be deemed effective between the Parties as provided in Section 1.2.1.1 below and Section 1.2.1.3 below. Nonetheless, the Parties shall negotiate a conforming amendment which shall reflect that the Commission-established Current Rate(s) were replaced by the Modified Rate(s), and shall submit such amendment to the Commission for approval. In addition, as soon as is reasonably practicable after such Rate Change Notice, each Party shall issue to the other Party any adjustments that are necessary to reflect that the Modified Rate(s) became effective between the Parties as provided:

Replacement of Non-Interim Rates. 1.2.1 Certain of the current rates, prices and charges set forth in this Agreement may have been established by the Commission (“Commission-established “Current Rate(s)”). All rates included in this Agreement that are not specifically excluded from treatment under this Section 1.2, 1.2 or that are not marked as interim or as “TBD” (To Be Determined) shall be considered Commission-established Current Rates. If, during the Term of this Agreement the Commission or the FCC modifies a Commission-established Current Rate(s) in an order or docket that is established by the Commission or FCC to be generally applicable (i.e., not an order or docket relating only to a specific complaint or interconnection agreement arbitration) to the Interconnection Services, either Party may provide written notice (“Rate Change Notice”) to the other Party, after the effective date of such order, that it wishes for the modified Commission-established Non-Interim Rate(s), (“Modified Rate(s)”) to replace and supersede the Commission-established Current Rate(s) already set forth in this Agreement. Following such Rate Change Notice by either Party, and without the need for any written amendment or further Commission action, CLEC’s billing tables will be updated to reflect (and CLEC shall pay) the Modified Rate(s), pursuant to timeframes as specifically set forth in Section 1.2.1.1 1.2.2 below and Section 1.2.1.3 1.2.4 below, and the Modified Rate(s) will be deemed effective between the Parties as provided in Section 1.2.1.1 1.2.2 below and Section 1.2.1.3 1.2.4 below. Nonetheless, the Parties shall negotiate a conforming amendment which that shall reflect that the Commission-established Current Rate(s) were replaced by the Modified Rate(s), and shall submit such amendment to the Commission for approval. In addition, as soon as is reasonably practicable after such Rate Change Notice, each Party shall issue to the other Party any adjustments that are necessary to reflect that the Modified Rate(s) became effective between the Parties as provided: