Common use of SBC-AMERITECH only Clause in Contracts

SBC-AMERITECH only. 9.5.1 Notwithstanding anything to the contrary herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill into an interest-bearing escrow account with a Third Party escrow agent, (iii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: 9.5.1.1 assess a late payment charge and where appropriate, a dishonored check charge; 9.5.1.2 require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; 9.5.1.3 refuse to accept new, or complete pending, orders; and/or 9.5.1.4 discontinue service. 9.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options: 9.5.2.1 shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and 9.5.2.2 Sections 9.5.1.3 and 9.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. 9.5.3 Once disconnection has occurred, additional charges may apply.

SBC-AMERITECH only. 9.5.1 Notwithstanding anything to the contrary herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Xxxx Due Date, (ii) pay the disputed portion of a past due bill xxxx into an interest-bearing escrow account with a Third Party escrow agent, (iii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: 9.5.1.1 assess a late payment charge and where appropriate, a dishonored check charge; 9.5.1.2 require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; 9.5.1.3 refuse to accept new, or complete pending, orders; and/or 9.5.1.4 discontinue service. 9.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options: 9.5.2.1 shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Xxxx Due Date, and 9.5.2.2 Sections 9.5.1.3 and 9.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. 9.5.3 Once disconnection has occurred, additional charges may apply.

SBC-AMERITECH only. 9.5.1 Notwithstanding anything to the contrary herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill for Resale Services or Network Elements into an interest-bearing escrow account with a Third Party escrow agent, (iii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: 9.5.1.1 assess a late payment charge and where appropriate, a dishonored check charge; 9.5.1.2 require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; 9.5.1.3 refuse to accept new, or complete pending, orders; and/or 9.5.1.4 discontinue service. 9.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options: 9.5.2.1 shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and 9.5.2.2 Sections 9.5.1.3 and 9.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. 9.5.3 Once disconnection has occurred, additional charges may apply.

SBC-AMERITECH only. 9.5.1 45.5.1 Notwithstanding anything to the contrary herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill for Resale Services or Network Elements into an interest-bearing escrow account with a Third Party escrow agent, (iii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: 9.5.1.1 45.5.1.1 assess a late payment charge and where appropriate, a dishonored check charge; 9.5.1.2 45.5.1.2 require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; 9.5.1.3 45.5.1.3 refuse to accept new, or complete pending, orders; and/or 9.5.1.4 45.5.1.4 discontinue service. 9.5.2 45.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options: 9.5.2.1 45.5.2.1 shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and 9.5.2.2 and 45.5.2.2 Sections 9.5.1.3 45.5.1.3 and 9.5.1.4 45.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. 9.5.3 45.5.3 Once disconnection has occurred, additional charges may apply.

SBC-AMERITECH only. 9.5.1 Notwithstanding anything to the contrary herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill into an interest-bearing escrow account with a Third Party escrow agent, (iii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Non- Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: 9.5.1.1 assess a late payment charge and where appropriate, a dishonored check charge; 9.5.1.2 require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; 9.5.1.3 refuse to accept new, or complete pending, orders; and/or 9.5.1.4 discontinue service. 9.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options: 9.5.2.1 shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and 9.5.2.2 Sections 9.5.1.3 and 9.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. 9.5.3 Once disconnection has occurred, additional charges may apply.

SBC-AMERITECH only. 9.5.1 Notwithstanding anything to the contrary herein, if the Non-Paying Non -Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill into an interest-bearing interest -bearing escrow account with a Third Party escrow agent, (iii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide pro vide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: 9.5.1.1 assess a late payment charge and where appropriate, a dishonored check charge; 9.5.1.2 require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; 9.5.1.3 refuse to accept new, or complete pending, orders; and/or 9.5.1.4 discontinue service. 9.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options: 9.5.2.1 shall not delay or relieve the Non-Paying Non -Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and 9.5.2.2 Sections 9.5.1.3 and 9.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. 9.5.3 Once disconnection has occurred, additional charges cha rges may apply.

SBC-AMERITECH only. 9.5.1 Notwithstanding anything to the contrary herein, if the Non-Paying Party fails to to (i) pay any undisputed amounts by the Bill Xxxx Due Date, (ii) pay the disputed portion of a past due bill xxxx into an interest-bearing escrow account with a Third Party escrow agent, (iii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: 9.5.1.1 assess a late payment charge and where appropriate, a dishonored check charge; 9.5.1.2 require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; 9.5.1.3 refuse to accept new, or complete pending, orders; and/or 9.5.1.4 discontinue service. 9.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options: 9.5.2.1 shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Xxxx Due Date, and 9.5.2.2 Sections 9.5.1.3 and 9.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. 9.5.3 Once disconnection has occurred, additional charges may apply.