Common use of Service Eligibility Audits Clause in Contracts

Service Eligibility Audits. In order to confirm reasonable compliance with these requirements, Qwest may perform Service Eligibility Audits of CLEC's records. Service Eligibility Audits shall be performed in accordance with the following guidelines: 2.9.1.5.1 Qwest may, upon thirty (30) Days written notice to CLEC that has purchased high capacity combination and Commingled facilities, conduct a Service Eligibility Audit to ascertain whether those high capacity facilities were eligible for UNE treatment at the time of Provisioning or conversion and on an ongoing basis thereafter. 2.9.1.5.2 CLEC shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest and shall maintain and provide Qwest with relevant records (e.g., network and circuit configuration data, local telephone numbers) which demonstrate that CLEC's high capacity combination and Commingled facilities meet the Service Eligibility Criteria. 2.9.1.5.3 An independent auditor hired and paid for by Qwest shall perform any Service Eligibility Audits, provided, however, that if a Service Eligibility Audit reveals that CLEC's high capacity combination and Commingled facility circuit(s) do not meet or have not met the Service Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the audit. To the extent the independent auditor's report concludes that CLEC complied in all material respects with the Service Eligibility Criteria, Qwest shall reimburse CLEC for its costs associated with the Service Eligibility Audit. 2.9.1.5.4 An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA) and during normal business hours, unless there is a mutual agreement otherwise. 2.9.1.5.5 Qwest shall not exercise its Service Eligibility Audit rights with respect to CLEC (excluding Affiliates), more than once in any calendar year, unless an audit finds non-compliance. If a Service Eligibility Audit does find non-compliance, Qwest shall not exercise its Service Eligibility Audit rights for sixty (60) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-compliance, then Qwest shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year. 2.9.1.5.6 At the same time that Qwest provides notice of a Service Eligibility Audit to CLEC under this paragraph, Qwest shall send a copy of the notice to the Federal Communications Commission. 2.9.1.5.7 Service Eligibility Audits conducted by Qwest for the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that Qwest may have pursuant to other provisions of this Agreement. 2.9.1.5.8 Qwest shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Qwest shall not require a Service Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. 2.9.1.5.9 CLEC shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. 2.9.1.5.10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above, the CLEC must convert all non-compliant circuits to Private Line/Special Access circuits and CLEC must true-up any difference in payments within thirty (30) days.

Service Eligibility Audits. In order to confirm reasonable compliance with these requirements, Qwest CenturyLink may perform Service Eligibility Audits of CLEC's records. Service Eligibility Audits shall be performed in accordance with the following guidelines: 2.9.1.5.1 Qwest 9.1.1.10.5.1 CenturyLink may, upon thirty (30) Days written notice to CLEC that has purchased high capacity combination and Commingled facilities, conduct a Service Eligibility Audit to ascertain whether those high capacity facilities were eligible for UNE treatment at the time of Provisioning or conversion and on an ongoing basis thereafter. 2.9.1.5.2 9.1.1.10.5.2 CLEC shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest CenturyLink and shall maintain and provide Qwest CenturyLink with relevant records (e.g., network and circuit configuration data, local telephone numbers) which demonstrate that CLEC's high capacity combination and Commingled facilities meet the Service Eligibility Criteria. 2.9.1.5.3 9.1.1.10.5.3 An independent auditor hired and paid for by Qwest CenturyLink shall perform any Service Eligibility Audits, provided, however, that if a Service Eligibility Audit reveals that CLEC's high capacity combination and Commingled facility circuit(s) do not meet or have not met the Service Eligibility Criteria, then CLEC shall reimburse Qwest CenturyLink for the cost of the audit. To the extent the independent auditor's report concludes that CLEC complied in all material respects with the Service Eligibility Criteria, Qwest CenturyLink shall reimburse CLEC for its costs associated with the Service Eligibility Audit. 2.9.1.5.4 9.1.1.10.5.4 An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA) and during normal business hours, unless there is a mutual agreement otherwise. 2.9.1.5.5 Qwest 9.1.1.10.5.5 CenturyLink shall not exercise its Service Eligibility Audit rights with respect to CLEC (excluding Affiliates), more than once in any calendar year, unless an audit finds non-compliance. If a Service Eligibility Audit does find non-compliance, Qwest CenturyLink shall not exercise its Service Eligibility Audit rights for sixty (60) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-non- compliance, then Qwest CenturyLink shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year. 2.9.1.5.6 9.1.1.10.5.6 At the same time that Qwest CenturyLink provides notice of a Service Eligibility Audit to CLEC under this paragraph, Qwest CenturyLink shall send a copy of the notice to the Federal Communications Commission. 2.9.1.5.7 9.1.1.10.5.7 Service Eligibility Audits conducted by Qwest CenturyLink for the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that Qwest CenturyLink may have pursuant to other provisions of this Agreement. 2.9.1.5.8 Qwest 9.1.1.10.5.8 CenturyLink shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Qwest CenturyLink shall not require a Service Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. 2.9.1.5.9 9.1.1.10.5.9 CLEC shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. 2.9.1.5.10 9.1.1.10.5.10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above, the CLEC must convert all non-compliant circuits to Private Lineprivate line/Special Access special access circuits and CLEC must true-up any difference in payments within thirty (30) days.

Service Eligibility Audits. In order to confirm reasonable compliance with these requirements, Qwest may perform Service Eligibility Audits of CLEC's records. Service Eligibility Audits shall be performed in accordance with the following guidelines: 2.9.1.5.1 Qwest may, upon thirty (30) Days written notice to CLEC that has purchased high capacity combination and Commingled facilities, conduct a Service Eligibility Audit to ascertain whether those high capacity facilities were eligible for UNE treatment at the time of Provisioning or conversion and on an ongoing basis thereafter. 2.9.1.5.2 CLEC shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest and shall maintain and provide Qwest with relevant records (e.g., network and circuit configuration data, local telephone numbers) which demonstrate that CLEC's high capacity combination and Commingled facilities meet the Service Eligibility Criteria. 2.9.1.5.3 An independent auditor hired and paid for by Qwest shall perform any Service Eligibility Audits, provided, however, that if a Service Eligibility Audit reveals that CLEC's high capacity combination and Commingled facility circuit(s) do not meet or have not met the Service Eligibility Criteria, then CLEC shall reimburse Qwest for the cost of the auditindependent auditor. To the extent the independent auditor's report concludes that CLEC complied in all material respects with the Service Eligibility Criteria, Qwest shall reimburse CLEC for its costs associated with the Service Eligibility Audit. 2.9.1.5.4 An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA) and during normal business hours, unless there is a mutual agreement otherwise. The auditor shall perform an “examination engagement” and issue an opinion regarding CLEC’s compliance with the service eligibility criteria. 2.9.1.5.5 Qwest shall not exercise its Service Eligibility Audit rights with respect to CLEC (excluding Affiliates), more than once in any calendar year, unless an audit finds non-compliance. If a Service Eligibility Audit does find non-compliance, Qwest shall not exercise its Service Eligibility Audit rights for sixty one hundred eighty (60180) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-compliance, then Qwest shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year and shall be entitled to only one audit in the subsequent calendar year. 2.9.1.5.6 At the same time that Qwest provides notice of a Service Eligibility Audit to CLEC under this paragraph, Qwest shall send a copy of the notice to the Federal Communications Commission. 2.9.1.5.7 Service Eligibility Audits conducted by Qwest for the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that Qwest may have pursuant to other provisions of this Agreement. 2.9.1.5.8 Qwest shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Qwest shall not require a Service Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. 2.9.1.5.9 CLEC shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC has no obligation to keep any records that it does not keep in the ordinary course of its business. 2.9.1.5.10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above, the CLEC must convert all non-compliant circuits to Private Line/Special Access circuits and circuits. CLEC must true-up any difference in payments within thirty (30) days.

Service Eligibility Audits. In order to confirm reasonable compliance with these requirements, Qwest Windstream may perform Service Eligibility Audits of CLEC's NT&T’s records. Service Eligibility Audits shall be performed in accordance with the following guidelines: 2.9.1.5.1 Qwest 1.1.10.5.1 Windstream may, upon thirty (30) Days written notice to CLEC NT&T that has purchased high capacity combination and Commingled facilities, conduct a Service Eligibility Audit to ascertain whether those high capacity facilities were eligible for UNE treatment at the time of Provisioning or conversion and on an ongoing basis thereafter. 2.9.1.5.2 CLEC 1.1.10.5.2 NT&T shall make reasonable efforts to cooperate with any Service Eligibility Audit by Qwest Windstream and shall maintain and provide Qwest Windstream with relevant records (e.g., network and circuit configuration data, local telephone numbers) which demonstrate that CLEC's NT&T’s high capacity combination and Commingled facilities meet the Service Eligibility Criteria. 2.9.1.5.3 1.1.10.5.3 An independent auditor hired and paid for by Qwest Windstream shall perform any Service Eligibility Audits, provided, however, that if a Service Eligibility Audit reveals that CLEC's Windstream’s high capacity combination and Commingled facility circuit(s) do not meet or have not met the Service Eligibility Criteria, then CLEC NT&T shall reimburse Qwest Windstream for the cost of the audit. To the extent the independent auditor's report concludes that CLEC NT&T complied in all material respects with the Service Eligibility Criteria, Qwest Windstream shall reimburse CLEC NT&T for its costs associated with the Service Eligibility Audit. 2.9.1.5.4 1.1.10.5.4 An independent auditor must perform its evaluation in accordance with the standards established by the American Institute for Certified Public Accountants (AICPA) and during normal business hours, unless there is a mutual agreement otherwise. 2.9.1.5.5 Qwest 1.1.10.5.5 Windstream shall not exercise its Service Eligibility Audit rights with respect to CLEC NT&T (excluding Affiliates), more than once in any calendar year, unless an audit finds non-compliance. If a Service Eligibility Audit does find non-compliance, Qwest Windstream shall not exercise its Service Eligibility Audit rights for sixty (60) Days following that audit, and if any subsequent Service Eligibility Audit does not find non-compliance, then Qwest Windstream shall not exercise its Service Eligibility Audit rights for the remainder of the calendar year. 2.9.1.5.6 1.1.10.5.6 At the same time that Qwest Windstream provides notice of a Service Eligibility Audit to CLEC NT&T under this paragraph, Qwest Windstream shall send a copy of the notice to the Federal Communications Commission. 2.9.1.5.7 1.1.10.5.7 Service Eligibility Audits conducted by Qwest Windstream for the purpose of determining compliance with Service Eligibility Criteria shall not effect or in any way limit any audit or Dispute Resolution rights that Qwest Windstream may have pursuant to other provisions of this Agreement. 2.9.1.5.8 Qwest 1.1.10.5.8 Windstream shall not use any other audit rights it may have under this Agreement to audit for compliance with the Service Eligibility Criteria of this Section. Qwest Windstream shall not require a Service Eligibility Audit as a prior prerequisite to Provisioning combination and Commingled facilities. 2.9.1.5.9 CLEC 1.1.10.5.9 NT&T shall maintain appropriate records to support its Service Eligibility Criteria. However, CLEC NT&T has no obligation to keep any records that it does not keep in the ordinary course of its business. 2.9.1.5.10 1.1.10.5.10 If a Service Eligibility Audit demonstrates that a high capacity combination and Commingled facilities do not meet the Service Eligibility Criteria above, the CLEC NT&T must convert all non-compliant circuits to Private Lineprivate line/Special Access special access circuits and CLEC NT&T must true-true- up any difference in payments within thirty (30) days.