Common use of Resale Provisions Clause in Contracts

Resale Provisions. Pursuant to the Forbearance Orders, CLEC’s ability to order new services and retain existing services from CenturyLink for resale pursuant to Sections 6, including Directory Listings and Directory Assistance that pertain to Resale, of the Agreement are altered as follows: a. Effective Date to February 2, 2020 – During the time period from the Effective Date of this Amendment until February 2, 2020, CLEC may order any services for resale pursuant to the applicable terms and conditions of the Agreement. In addition, CLEC may make changes in existing resold services, also pursuant to the applicable terms of the Agreement, until February 2, 2020. b. February 2, 2020 to August 2, 2022 – After February 2, 2020, CLEC cannot order any services for resale from CenturyLink pursuant to the applicable provisions of the Agreement. Any orders for new services for resale will be pursuant solely to the terms of the applicable Tariff for the service including any ICB agreements entered into under the applicable Tariffs. i. For any services procured for resale under the terms of the Agreement (“Existing Resale Services”) on February 2, 2020 or prior, CenturyLink will continue to provide such Existing Resale Services pursuant to the terms of the Agreement, including any discounts delineated in Exhibit A of the Agreement. ii. CLEC cannot make any changes to such Existing Resale Services, as they will be treated in a “grandfathered” status, with continued receipt or disconnection of the Existing Resale Services the only options under the Agreement available to CLEC. If CLEC issues an order to change such services, it will be treated as new services for resale and will be provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it will no longer submit any orders for resale services under the Agreement from CenturyLink after February 2, 2020. CLEC agrees that it is the CLEC’s responsibility to ensure that no further orders for resold services under the Agreement are submitted after February 2, 2020. If resold services are ordered after February 2, 2020 CLEC agrees that the Agreement is no longer in effect and resold services are being ordered per the applicable tariff at the full rates in the tariff. 1. In order to ensure compliance with these provisions, the Parties agree that CenturyLink, on no more than quarterly basis, CenturyLink may conduct an audit of CLEC’s order activity after February 2, 2020, in order to identify any mistaken instances of attempting to order resold services under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink may issue a xxxx using the effective date of the changes that the applicable service was originally ordered (“Resale True-Up Xxxx”) removing the discount for such services and billing under the Tariffs at full tariffed prices. CLEC agrees not to contest such Resale True-Up Bills unless such billing is not consistent with the applicable Tariff.

Resale Provisions. Pursuant to the Forbearance Orders, CLEC’s 's ability to order new services and retain existing services from CenturyLink for resale pursuant to Sections 6, including Directory Listings and Directory Assistance that pertain to Resale, of the Agreement are altered as follows: a. Effective Date to February 2, 2020 – During the time period from the Effective Date of this Amendment until February 2, 2020, CLEC may order any services for resale pursuant to the applicable terms and conditions of the Agreement. In addition, CLEC may make changes in existing resold services, also pursuant to the applicable terms of the Agreement, until February 2, 2020. b. February 2, 2020 to August 2, 2022 – After February 2, 2020, CLEC cannot order any services for resale from CenturyLink pursuant to the applicable provisions of the Agreement. Any orders for new services for resale will be pursuant solely to the terms of the applicable Tariff for the service including any ICB agreements entered into under the applicable Tariffs. i. For any services procured for resale under the terms of the Agreement (“Existing Resale Services”) on February 2, 2020 or prior, CenturyLink will continue to provide such Existing Resale Services pursuant to the terms of the Agreement, including any discounts delineated in Exhibit A of the Agreement. ii. CLEC cannot make any changes to such Existing Resale Services, as they will be treated in a “grandfathered” status, with continued receipt or disconnection of the Existing Resale Services the only options under the Agreement available to CLEC. If CLEC issues an order to change such services, it will be treated as new services for resale and will be provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it will no longer submit any orders for resale services under the Agreement from CenturyLink after February 2, 2020. CLEC agrees that it is the CLEC’s 's responsibility to ensure that no further orders for resold services under the Agreement are submitted after February 2, 2020. If resold services are ordered after February 2, 2020 CLEC agrees that the Agreement is no longer in effect and resold services are being ordered per the applicable tariff at the full rates in the tariff. 1. In order to ensure compliance with these provisions, the Parties agree that CenturyLink, on no more than quarterly basis, CenturyLink may conduct an audit of CLEC’s 's order activity after February 2, 2020, in order to identify any mistaken instances of attempting to order resold services under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink may issue a xxxx bill using the effective date of the changes that the applicable service was originally ordered (“Resale True-Up XxxxBill”) removing the discount for such services and billing under the Tariffs at full tariffed prices. CLEC agrees not to contest such Resale True-Up Bills unless such billing is not consistent with the applicable Tariff.

Resale Provisions. Pursuant to the Forbearance OrdersOrder, CLEC’s ability to order new services and retain existing services from CenturyLink for resale pursuant to Sections 6, including Directory Listings and Directory Assistance that pertain to Resale, of the Agreement are is altered as follows: a. Effective Date to February 2, 2020 – During the time period from the Effective Date of this Amendment until February 2, 2020, CLEC may order any services for resale pursuant to the applicable terms and conditions of the Agreement. In addition, CLEC may make changes in existing resold services, also pursuant to the applicable terms of the Agreement, until February 2, 2020. b. February 2, 2020 to August 2, 2022 – After February 2, 2020, CLEC cannot order any services for resale from CenturyLink pursuant to the applicable provisions of the Agreement. CenturyLink will process and complete any orders received prior to February 2, 2020, so long as those orders do not have a delivery date of any future date and are asked to be delivered on a normal or expedited timeframe in the ordinary course of business. Any orders for new services for resale will be pursuant solely to the terms of the applicable Tariff for the service including any ICB agreements entered into under the applicable Tariffs. i. For any services procured for resale under the terms of the Agreement (“Existing Resale Services”) on February 2, 2020 or prior, CenturyLink will continue to provide such Existing Resale Services pursuant to the terms of the Agreement, including any discounts delineated in Exhibit A Table 1 of the Agreement. ii. CLEC cannot make any changes to such Existing Resale Services, as they will be treated in a “grandfathered” status, with continued receipt or disconnection of the Existing Resale Services the only options under the Agreement available to CLEC. If CLEC issues an order to change such services, it will be treated as new services for resale and will be provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it will no longer submit any orders Order for resale services under the Agreement from CenturyLink after February 2, 2020. CLEC agrees that it is the CLEC’s responsibility to ensure that no further orders Order for resold services under the Agreement are submitted after February 2, 2020. If resold services are ordered after February 2, 2020 CLEC agrees that the Agreement is no longer in effect and resold services are being ordered per the applicable tariff at the full rates in the tariff. CenturyLink may request CLEC put something in the Remarks section on the LSR when submitting resold orders after February 2, 2020. 1. In order to ensure compliance with these provisions, the Parties agree that CenturyLink, on no more than quarterly basis, CenturyLink may conduct an audit of CLEC’s order activity after February 2, 2020, in order to identify any mistaken instances of attempting to order resold services under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink may issue a xxxx using the effective date of the changes that the applicable service was originally ordered (“Resale True-Up Xxxx”) removing the discount for such services and billing under the Tariffs at full tariffed prices. CLEC agrees not to contest such Resale True-Up Bills unless such billing is not consistent with the applicable Tariff.

Resale Provisions. Pursuant to the Forbearance Orders, CLEC’s ability to order new services and retain existing services from CenturyLink for resale pursuant to Sections 6, including Directory Listings and Directory Assistance that pertain to Resale, of the Agreement are is altered as follows: a. Effective Date to February 2, 2020 – During the time period from the Effective Date of this Amendment until February 2, 2020, CLEC may order any services for resale pursuant to the applicable terms and conditions of the Agreement. In addition, CLEC may make changes in existing resold services, also pursuant to the applicable terms of the Agreement, until February 2, 2020. b. February 2, 2020 to August 2, 2022 – After February 2, 2020, CLEC cannot order any services for resale from CenturyLink pursuant to the applicable provisions of the Agreement. Any orders for new services for resale will be pursuant solely to the terms of the applicable Tariff for the service including any ICB agreements entered into under the applicable Tariffs. i. For any services procured for resale under the terms of the Agreement (“Existing Resale Services”) on February 2, 2020 or prior, CenturyLink will continue to provide such Existing Resale Services pursuant to the terms of the Agreement, including any discounts delineated in Exhibit A Table 1 of the Agreement. ii. CLEC cannot make any changes to such Existing Resale Services, as they will be treated in a “grandfathered” status, with continued receipt or disconnection of the Existing Resale Services the only options under the Agreement available to CLEC. If CLEC issues an order to change such services, it will be treated as new services for resale and will be provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it will no longer submit any orders for resale services under the Agreement from CenturyLink after February 2, 2020. CLEC agrees that it is the CLEC’s responsibility to ensure that no further orders for resold services under the Agreement are submitted after February 2, 2020. If resold services are ordered after February 2, 2020 CLEC agrees that the Agreement is no longer in effect and resold services are being ordered per the applicable tariff at the full rates in the tariff. CenturyLink may request CLEC put something in the Remarks section on the LSR when submitting resold orders after February 2, 2020. 1. In order to ensure compliance with these provisions, the Parties agree that CenturyLink, on no more than quarterly basis, CenturyLink may conduct an audit of CLEC’s order activity after February 2, 2020, in order to identify any mistaken instances of attempting to order resold services under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink may issue a xxxx using the effective date of the changes that the applicable service was originally ordered ELECTRONICALLY FILED - 2020 April 22 9:57 AM - SCPSC - Docket # 2007-442-C - Page 4 of 10 (“Resale True-Up Xxxx”) removing the discount for such services and billing under the Tariffs at full tariffed prices. CLEC agrees not to contest such Resale True-Up Bills unless such billing is not consistent with the applicable Tariff.

Resale Provisions. Pursuant to the Forbearance OrdersOrder, CLEC’s CLECs ability to order new services and retain existing services from CenturyLink for resale pursuant to Sections Section 6, including Directory Listings and Directory Assistance that pertain to Resale, of the Agreement are altered as follows: a. Effective Date to February 2, 2020 – During the time period from the Effective Date of this Amendment until February 2, 2020, CLEC may order any services for resale pursuant to the applicable terms and conditions of the Agreement, including the discounts delineated in Exhibit A of the Agreement (wholesale discount). In addition, CLEC may make changes in existing resold services, also pursuant to the applicable terms of the Agreement, until February 2, 2020. b. After February 2, 2020 to August 2, 2022 – After February 2, 2020, CLEC cannot order any services CLEC orders for resale from CenturyLink pursuant to the applicable provisions of the AgreementAgreement will no longer receive a wholesale discount. Any orders for such new services for resale will be pursuant solely are subject to the terms of the applicable retail Tariff for the service including any ICB agreements entered into under the applicable Tariffsrates. i. For any services procured for resale under the terms of the Agreement (“Existing Existing Resale Services”Services) on February 2, 2 2020 or prior, CenturyLink will continue to provide such Existing Resale Services pursuant to the terms of the Agreement, including any the wholesale discounts delineated in Exhibit A of the Agreementuntil August 2, 2022. ii. CLEC cannot make For any changes to such Existing Resale Services, as they will be treated in a “grandfathered” status, with continued receipt or disconnection services procured for resale under the terms of the Existing Resale Services the only options under the Agreement available to CLEC. If CLEC issues an order to change such services, it will be treated as new services for resale and will be provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it will no longer submit any orders for resale services under the Agreement from CenturyLink after February 2, 2020. CLEC agrees that it is , CenturyLink will continue to provide Resale Services pursuant to the CLEC’s responsibility to ensure that no further orders for resold services under terms of the Agreement are submitted after February 2Agreement, 2020. If resold services are ordered after February 2, 2020 CLEC agrees that removing the Agreement is no longer in effect and resold services are being ordered per the applicable tariff at the full rates in the tariffwholesale discounts. 1. In order to ensure compliance with these provisions, the Parties agree that CenturyLink, on no more than quarterly basis, CenturyLink may conduct an audit internal review of CLEC’s CLECs resale order activity in order to accurately bill new resale services ordered by CLEC after February 2, 2020, in order to identify any mistaken instances of attempting to order resold services 2020 under the terms of the AgreementAgreement and to which a wholesale discount was applied by CenturyLink. 2. Should such instances occur, the Parties further agree that CenturyLink may issue a xxxx applicable credits or debits using the effective date of the changes that the applicable service new resale service(s) was originally ordered (“Resale True-Up Bill) removing the wholesale discount for such resale service(s); 3. A Resale True-Up Xxxx”Bill will be issued no more than twelve (12) removing months following the discount for such services and billing under effective date that the Tariffs at full tariffed prices. CLEC agrees not to contest such Resale True-Up Bills unless such billing is not consistent with the applicable Tariffnew resale service(s) was ordered.