Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria: 11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States; 11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and 11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers. 11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria: 11.10.2.1 The escrow account must be an interest bearing account; 11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party; 11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent; 11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and 11.10.2.5 disbursements from the escrow account will be limited to those: 11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or 11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or 11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 30 contracts
Samples: Telecommunications, Interconnection Agreement, Wholesale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 29 contracts
Samples: Intercarrier Compensation Agreement, Interconnection Agreement, Wholesale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 25 contracts
Samples: Telecommunications, Telecommunications, Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 22 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 10.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.6.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.6.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.6.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 10.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 10.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.6.2.5.1 authorized in writing by both the Disputing disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 10.6.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below12.7; or
11.10.2.5.3 10.6.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below12.7.
10.6.3 Disputed Amounts in escrow will be subject to Late Payment Charges as set forth in Section 10.1.5.
10.6.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 12.
Appears in 9 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 8.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 8.6.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 8.6.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 8.6.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 8.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 8.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 8.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 8.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 8.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 8.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 8.6.2.5.1 authorized in writing by both the Disputing disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 8.6.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below10.7; or
11.10.2.5.3 8.6.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below10.7.
8.6.3 Disputed Amounts in escrow will be subject to Late Payment Charges as set forth in Section 8.1.5.
8.6.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10.
Appears in 8 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection and Resale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 10.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:: 10.
11.10.1.1 The 6.1. 1The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The 10.6.1. 2The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The 10.6.1. 3The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 10.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 10.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 6 contracts
Samples: Interconnection and/or Resale Agreement, Interconnection Agreement, Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 8.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 8.6.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 8.6.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 8.6.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 8.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 8.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 8.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 8.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 8.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 8.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 8.6.2.5.1 authorized in writing by both the Disputing disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 8.6.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below10.7; or
11.10.2.5.3 8.6.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below10.7.
8.6.3 Disputed Amounts in escrow will be subject to Late Payment Charges as set forth in Section 8.1.5.
8.6.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10.
Appears in 4 contracts
Samples: Interconnection and Resale Agreement, Interconnection Agreement, Intercarrier Compensation Agreement
Requirements to Establish Escrow Accounts. 11.10.1 10.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:: 10.
11.10.1.1 The 6.1. 1The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The 10.6.1. 2The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The 10.6.1. 3The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 10.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 10.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 4 contracts
Samples: Interconnection and Resale Agreement, Interconnection and Resale Agreement, Interconnection and/or Resale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 8.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 8.6.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 8.6.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 8.4.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 8.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 8.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 8.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 8.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 8.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 8.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 8.6.2.5.1 authorized in writing by both the Disputing disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 8.6.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below10.7; or
11.10.2.5.3 8.6.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below10.7.
8.6.3 Disputed Amounts in escrow will be subject to Late Payment Charges as set forth in Section 8.1.5.
8.6.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 10.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection and Resale Agreement, Interconnection and Resale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 11.11.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.11.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 11.11.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 11.11.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.11.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.11.2.1 The escrow account must be an interest bearing account;
11.10.2.2 11.11.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 11.11.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.11.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 11.11.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, MFN Agreement
Requirements to Establish Escrow Accounts. 11.10.1 10.12.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.12.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.12.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.12.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 10.12.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.12.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.12.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 10.12.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.12.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.12.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.12.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 10.12.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 12.7 below; or
11.10.2.5.3 10.12.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 12.7 below.
Appears in 3 contracts
Samples: Peering Agreement, Telecommunications, Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 11.11.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.11.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 11.11.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 11.11.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.11.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.11.2.1 The escrow account must be an interest bearing account;
11.10.2.2 11.11.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 11.11.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.11.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 11.11.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 2 contracts
Samples: Interconnection Agreement, MFN Agreement
Requirements to Establish Escrow Accounts. 11.10.1 17.12.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 17.12.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 17.12.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 17.12.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 17.12.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The 17.12.2.1 the escrow account must be an interest bearing account;
11.10.2.2 17.12.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 17.12.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 17.12.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 17.12.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 17.12.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 17.12.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 19.7 below; or
11.10.2.5.3 17.12.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 19.7 below.
Appears in 2 contracts
Samples: Wholesale Agreement, Wholesale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 10.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.6.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.6.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.6.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 10.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 10.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 2 contracts
Samples: Interconnection and Resale Agreement, Interconnection and Resale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 10.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.6.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.6.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.6.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 10.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 10.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.6.2.5.1 authorized in writing by both the Disputing disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 10.6.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below12.7; or
11.10.2.5.3 10.6.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below12.7.
10.6.3 Disputed Amounts in escrow will be subject to Late Payment Charges as set forth in Section 10.1.5.
10.6.4 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provisions set forth in Section 12.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 11.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 11.9.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 11.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.9.2.1 The escrow account must be an interest bearing account;
11.10.2.2 11.9.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 11.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.9.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 11.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 : authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 or made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 or made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 2 contracts
Samples: Clec Agreement, Clec Agreement
Requirements to Establish Escrow Accounts. 11.10.1 11.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 11.9.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 11.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.9.2.1 The escrow account must be an interest bearing account;
11.10.2.2 11.9.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 11.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.9.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 11.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 11.9.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 11.9.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 11.9.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 2 contracts
Samples: General Terms and Conditions (Lightyear Network Solutions, Inc.), Clec Agreement
Requirements to Establish Escrow Accounts. 11.10.1 11.8.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.8.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;; and
11.10.1.2 11.8.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 11.8.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.8.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.8.2.1 The escrow account must be an interest bearing account;; Page 23 of 48 Contract Id: 4826327 Version: 4Q15 - Commercial Transit Agreement – CLEC – 12/16/15
11.10.2.2 11.8.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 11.8.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.8.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 11.8.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 11.8.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 11.8.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 11.8.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Wholesale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 8.6.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 8.6.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 8.6.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 8.6.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH (credit transactions) (electronic funds) transfers.
11.10.2 8.6.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 8.6.2.1 The escrow account must be an interest bearing account;
11.10.2.2 8.6.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing disputing Party;
11.10.2.3 8.6.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 8.6.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 8.6.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 8.6.2.5.1 authorized in writing by both the Disputing disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 8.6.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below10.7; or
11.10.2.5.3 8.6.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below10.7. Disputed Amounts in escrow will be subject to Late Payment Charges as set forth in Section 8.1.5.
Appears in 1 contract
Requirements to Establish Escrow Accounts. 11.10.1 10.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 10.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:: Page 25 of 247 365 WIRELESS, LLC
11.10.2.1 10.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 10.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 10.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 12.7 below; or
11.10.2.5.3 10.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 12.7 below.
Appears in 1 contract
Samples: Wholesale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;; CN:07072017-8312 000031
11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 10.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 10.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 10.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); oror :
11.10.2.5.2 10.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; 12.7 below or
11.10.2.5.3 10.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s arbitrator ‘s award pursuant to Section 13.7 12.7 below.,
Appears in 1 contract
Requirements to Establish Escrow Accounts. 11.10.1 7.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 7.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 7.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 7.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 7.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party disputing party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party billing party that the escrow account will meet all of the following criteria:
11.10.2.1 7.2.1 The escrow account must be an interest bearing account;
11.10.2.2 7.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Partydisputing party;
11.10.2.3 7.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 7.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 7.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 7.2.5.1 authorized in writing by both the Disputing Party disputing party and the Billing Party billing party (that is, signature(s) from representative(s) of the Disputing Party disputing party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 7.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 9.8 below; or
11.10.2.5.3 7.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 9.8 below.
Appears in 1 contract
Samples: Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 15.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 15.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 15.9.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 15.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 15.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 15.9.2.1 The escrow account must be an interest bearing account;
11.10.2.2 15.9.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 15.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 15.9.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 15.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 15.9.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 15.9.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section Section 13.7 below; of the General Terms and Conditions: or
11.10.2.5.3 15.9.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.of the General Terms and Conditions
Appears in 1 contract
Samples: Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 11.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 11.9.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 11.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.9.2.1 The escrow account must be an interest bearing account;
11.10.2.2 11.9.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 11.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.9.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 11.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 11.9.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 11.9.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; below or
11.10.2.5.3 11.9.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 5.2.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 5.2.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 5.2.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 5.2.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 1 As of the Effective Date of this Agreement PFN has established nine consecutive months timely payment history with AT&T by virtue of its payment of Structure Center bills to AT&T. Page 6517 of 322383 5.2. 2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 5.2.2.1 The escrow account must be an interest bearing account;
11.10.2.2 5.2.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 5.2.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 5.2.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 5.2.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 5.2.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 5.2.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below12.3 of the General Terms and Conditions; or
11.10.2.5.3 5.2.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below12.3 of the General Terms and Conditions.
Appears in 1 contract
Samples: Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 11.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;; and
11.10.1.2 11.9.1.2 The financial institution proposed as the Third Party escrow Pyaretscrow agent may not be an Affiliate of bean Affiliateof either Party; and
11.10.1.3 11.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.9.2.1 The escrow account must be an interest bearing account;
11.10.2.2 11.9.2.2 all charges associated with opening and maintaining the escrow account will accountwill be borne by the Disputing Party;
11.10.2.3 11.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.9.2.4 all interest earned on deposits to the tohet escrow account will accountwill be disbursed to the ht e Parties in the same proportion as the principal; and
11.10.2.5 11.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 : authorized in writing by both the Disputing Dispuntig Party and the Billing Party (that is, signature(ssginature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 or made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 or made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Clec Agreement
Requirements to Establish Escrow Accounts. 11.10.1 17.14.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 17.14.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 17.14.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 17.14.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 17.14.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 17.14.2.1 The escrow account must be an interest bearing account;
11.10.2.2 17.14.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 17.14.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 17.14.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 17.14.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 17.14.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 17.14.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 19.7 below; or
11.10.2.5.3 17.14.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 19.7 below.
Appears in 1 contract
Requirements to Establish Escrow Accounts. 11.10.1 10.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 10.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 10.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); oror :
11.10.2.5.2 10.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; 12.7 below or
11.10.2.5.3 10.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s arbitrator ‘s award pursuant to Section 13.7 12.7 below.,
Appears in 1 contract
Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
or Page 29 of 129 Contract Id: 8409226 Version: 3Q16 – ICA – 08/30/16 11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Wholesale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.. CN:03232023-11438 000031
11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 10.12.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.12.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.12.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.12.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.. CN:03292017-7376 000028
11.10.2 10.12.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.12.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.12.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 10.12.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.12.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.12.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.12.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 10.12.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 12.7 below; or
11.10.2.5.3 10.12.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 12.7 below.
Appears in 1 contract
Samples: Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;; Contract Id: 78839652439671 General Terms and Conditions/AT&T-21STATE Page 28 of 56 UNITI FIBER Version: 2Q17 – ICA – 06/29/17
11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 15.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 15.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 15.9.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 15.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 15.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 15.9.2.1 The escrow account must be an interest bearing account;
11.10.2.2 15.9.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 15.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 15.9.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 15.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 15.9.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 15.9.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; of the General Terms and Conditions: or
11.10.2.5.3 15.9.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 belowof the General Terms and Conditions.
Appears in 1 contract
Samples: General Terms and Conditions (Lightyear Network Solutions, Inc.)
Requirements to Establish Escrow Accounts. 11.10.1 10.12.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.12.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.12.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.12.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 10.12.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.12.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.12.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 10.12.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.12.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.12.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.12.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 10.12.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 12.7 below; or
11.10.2.5.3 10.12.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 12.7 below.. CN:04072021-10285 000028
Appears in 1 contract
Samples: Telecommunications
Requirements to Establish Escrow Accounts. 11.10.1 11.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 11.9.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 11.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.9.2.1 The escrow account must be an interest bearing account;
11.10.2.2 11.9.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 11.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.9.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 11.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 11.9.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 11.9.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; below or
11.10.2.5.3 11.9.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: General Terms and Conditions
Requirements to Establish Escrow Accounts. 11.10.1 10.12.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 10.12.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 10.12.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 10.12.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 . Page 30 of 339 Contract Id: 8363332 10.12.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 10.12.2.1 The escrow account must be an interest bearing account;
11.10.2.2 10.12.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 10.12.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 10.12.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 10.12.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 10.12.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 10.12.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 12.7 below; or
11.10.2.5.3 10.12.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 12.7 below.
Appears in 1 contract
Samples: Wholesale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 11.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;; and
11.10.1.2 11.9.1.2 The financial institution proposed as the Third Party escrow Pyaretscrow agent may not be an Affiliate of bean Affiliateof either Party; and
11.10.1.3 11.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.9.2.1 The escrow account must be an interest bearing account;
11.10.2.2 11.9.2.2 all charges associated with opening and maintaining the escrow account will accountwill be borne by the Disputing Party;
11.10.2.3 11.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 11.9.2.4 all interest earned on deposits to the tohet escrow account will accountwill be disbursed to the ht e Parties in the same proportion as the principal; and
11.10.2.5 11.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 11.9.2.5.1 authorized in writing by both the Disputing Dispuintg Party and the ht e Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 11.9.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 11.9.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Clec Agreement
Requirements to Establish Escrow Accounts. 11.10.1 11.9.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 11.9.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;States;
11.10.1.2 11.9.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 11.9.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 11.9.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 11.9.2.1 The escrow account must be an interest bearing account;account;
11.10.2.2 11.9.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 11.9.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;agent;
11.10.2.4 11.9.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 11.9.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 11.9.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); oror
11.10.2.5.2 11.9.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 11.9.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 5.2.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 5.2.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 5.2.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 5.2.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 1 As of the Effective Date of this Agreement PFN has established nine consecutive months timely payment history with AT&T by virtue of its payment of Structure Center bills to AT&T. 5.2. 2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 5.2.2.1 The escrow account must be an interest bearing account;
11.10.2.2 5.2.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 5.2.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 5.2.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 5.2.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 5.2.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 5.2.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below12.3 of the General Terms and Conditions; or
11.10.2.5.3 5.2.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below12.3 of the General Terms and Conditions.
Appears in 1 contract
Samples: Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 The escrow account must be an interest bearing account;
11.10.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;; Page 32 of 276 Contract Id: 4800340 Version: 1Q16 – ICA – 03/10/16
11.10.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 below; or
11.10.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 below.
Appears in 1 contract
Samples: Wholesale Agreement
Requirements to Establish Escrow Accounts. 11.10.1 17.14.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 17.14.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 17.14.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 17.14.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 17.14.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party that the escrow account will meet all of the following criteria:
11.10.2.1 17.14.2.1 The escrow account must be an interest bearing account;
11.10.2.2 17.14.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Party;
11.10.2.3 17.14.2.3 that none of the funds deposited into the escrow account or the interest earned xxxxxxx thereon may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 17.14.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 17.14.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 17.14.2.5.1 authorized in writing by both the Disputing Party and the Billing Party (that is, signature(s) from representative(s) of the Disputing Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 17.14.2.5.2 made in accordance with the final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 19.7 below; or
11.10.2.5.3 17.14.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 19.7 below.
Appears in 1 contract
Samples: Interconnection Agreement
Requirements to Establish Escrow Accounts. 11.10.1 30.14.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
11.10.1.1 30.14.1.1 The financial institution proposed as the Third Party escrow agent must be located within the continental United States;
11.10.1.2 30.14.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of either Party; and
11.10.1.3 30.14.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to handle ACH credit transfers.
11.10.2 30.14.2 In addition to the foregoing requirements for the Third Party escrow agent, the Disputing Attaching Party and the financial institution proposed as the Third Party escrow agent must agree in writing furnished to the Billing Party AT&T that the escrow account will meet all of the following criteria:
11.10.2.1 30.14.2.1 The escrow account must be an interest bearing account;
11.10.2.2 30.14.2.2 all charges associated with opening and maintaining the escrow account will be borne by the Disputing Attaching Party;
11.10.2.3 that 30.14.2.3 none of the funds deposited into the escrow account or the interest earned xxxxxxx may be used to pay the financial institution’s charges for serving as the Third Party escrow agent;
11.10.2.4 30.14.2.4 all interest earned on deposits to the escrow account will be disbursed to the Parties in the same proportion as the principal; and
11.10.2.5 30.14.2.5 disbursements from the escrow account will be limited to those:
11.10.2.5.1 30.14.2.5.1 authorized in writing by both the Disputing Attaching Party and the Billing Party AT&T (that is, signature(s) from representative(s) of the Disputing Attaching Party only are not sufficient to properly authorize any disbursement); or
11.10.2.5.2 30.14.2.5.2 made in accordance with the a final, non-appealable order of the arbitrator appointed pursuant to the provisions of Section 13.7 belowa state or federal commission; or
11.10.2.5.3 30.14.2.5.3 made in accordance with the final, non-appealable order of the court that had jurisdiction to enter the arbitrator’s award pursuant to Section 13.7 belowreview a state or federal commission order.
Appears in 1 contract
Samples: Telecommunications
