Common use of Standards of Performance Clause in Contracts

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records ) and parallel records of the Resale Services provided to (i) CLEC (the CLEC Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 Ameritech shall provide to CLEC for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC (x) on an aggregate basis and

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

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Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 10.9, but subject to Section 10.4 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC “Requesting Carrier Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered through the Provisioning El or its Retail Customersby Non-Electronic Orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC (x) on an aggregate basis and

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 10.9, but subject to Section 10.4 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC Records “Requesting Carrier Records”) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records Records”). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered through the Provisioning El or its Retail Customersby Non-Electronic Orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a “Resale Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Requesting Carrier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such reseller's proprietary information (including CPNI). Notwithstanding anything to the contrary in this Section 10.9, Ameritech shall not be required to provide Requesting Carrier any records as set forth in this Section 10.9.3 if Requesting Carrier is reselling less than one thousand (1000) resold lines in a given Reporting Period. X.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Resale Specified Performance Breach by Ameritech, Requesting Carrier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and seek any relief it is entitled to under Applicable Law; or (b) Ameritech shall pay to Requesting Carrier as liquidated damages any amounts that Requesting Carrier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 Requesting Carrier shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 10.9, but subject to Section 10.4 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records ) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC Records “Requesting CarrierRecords ”) and (ii) on an onan aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered by the interface described in Section 10.13.2(a) or its Retail Customersby Non-Electronic orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 10.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a “Resale Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Requesting Carrier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx's proprietary information (including CPNI). Notwithstanding anything to the contrary in this Section 10.9, Ameritech shall not be required to provide Requesting Carrier any records as set forth in this Section 10.9.3 if Requesting Carrier is reselling less than one thousand (1000) resold lines in a given Reporting Period. 10.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. 10.9.5 Upon the occurrence of a Resale Specified Performance Breach by Ameritech, Requesting Carrier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and seek any relief it is entitled to under Applicable Law; or (b) Ameritech shall pay to Requesting Carrier as liquidated damages any amounts that Requesting Carrier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. 10.9.6 Requesting Carrier shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers. 10.9.7 The Parties' agreement to the procedures set forth in this Section 10.9 shall not (i) relieve either Party of its obligations to perform any other duties under this Agreement or (ii) constitute a waiver of a right of either Party to claim that the parity requirements of this Agreement and of the Act have or have not been met.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records ) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC “Requesting Carrier Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx Ameritech believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 10.9.3 Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Requesting Carrier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such reseller's proprietary information (including CPNI). 10.9.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. 10.9.5 Upon the occurrence of a Specified Performance Breach by Ameritech, Requesting Carrier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and (i) bring an action against Ameritech in an appropriate Federal district court, (ii) file a complaint against Ameritech with the FCC pursuant to Sections 207 or 208 of the Act, (iii) seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with the rules, guidelines and regulations of the Commission or (v) seek other relief under Applicable Law; or (b) Ameritech shall pay to Requesting Carrier as liquidated damages any amounts that Requesting Carrier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. 10.9.6 Requesting Carrier shall also be entitled to any credit allowances pursuant to the same terms and conditions that Ameritech offers credit allowances to its retail Customers, including those described on Schedule 10.9.6. 10.9.7 The Parties' agreement to the procedures set forth in this Section

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC Urban Media (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Urban Media (the CLEC Records “Urban Media Records”) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Urban Media (the Other Reseller Records Records”). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 Ameritech shall provide to CLEC Urban Media for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Urban Media Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Urban Media (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx's proprietary information (including CPNI). X.9.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Specified Performance Breach by Ameritech, Urban Media may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and (i) bring an action against Ameritech in an appropriate Federal district court, (ii) file a complaint against Ameritech with the FCC pursuant to Sections 207 or 208 of the Act, (iii) seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with the rules, guidelines and regulations of the Commission or (v) seek other relief under Applicable Law; or (b) Ameritech shall pay to Urban Media as liquidated damages any amounts that Urban Media is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 Urban Media shall also be entitled to any credit allowances pursuant to the same terms and conditions that Ameritech offers credit allowances to its retail Customers, including those described on Schedule 10.9.6. X.9.7 The Parties' agreement to the procedures set forth in this Section 10.9 shall not (i) relieve either Party of its obligations to perform any other duties under this Agreement or (ii) constitute a waiver of a right of either Party to claim that the parity requirements of this Agreement and of the Act have or have not been met.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC Frontier (i) in accordance with Section 10.8 as determined by this Section 10.9 10.9, but subject to Section 10.4 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Frontier (the CLEC Records “Frontier Records”) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Frontier (the Other Reseller Records Records”). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered through the Provisioning El or its Retail Customersby Non-Electronic Orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Frontier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Frontier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply 6275755.2 101408 910C 96252093 with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a “Resale Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Frontier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx's proprietary information (including CPNI). Notwithstanding anything to the contrary in this Section 10.9, Ameritech shall not be required to provide Frontier any records as set forth in this Section 10.9.3 if Frontier is reselling less than one thousand (1000) resold lines in a given Reporting Period. X.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Resale Specified Performance Breach by Ameritech, Frontier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and seek any relief it is entitled to under Applicable Law; or (b) Ameritech shall pay to Frontier as liquidated damages any amounts that Frontier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 Frontier shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC (i) Requesting Carrier in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission 10.9, but subject to Section 10.4 (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's ’s compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's ’s retail Customers (the Ameritech Resale Records ) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC “ Requesting Carrier Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure The Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's ’s retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's ’s compliance with the Resale Performance Benchmarks. If (i) Requesting Carrier has used all available Operations Support Systems functions functionality with respect to the Resale Services purchased during the Reporting Period, (ii) the Resale Services purchased were the subject of a forecast submitted in accordance with Sections 19.3 and/or 19.4, (iii) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (iiiv) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iiiv) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a “Resale Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Requesting Carrier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such reseller’s proprietary information (including CPNI). Notwithstanding anything to the contrary in this Section 10.9, Ameritech shall not be required to provide Requesting Carrier any records as set forth in this Section 10.9.3 if Requesting Carrier is reselling less than one hundred (100) resold lines in a given Reporting Period. X.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech’s failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech’s compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech’s ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech’s compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Resale Specified Performance Breach by Ameritech, Requesting Carrier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 27.3 and seek any relief it is entitled to under Applicable Law; or (b) Ameritech shall pay to Requesting Carrier as liquidated damages any amounts that Requesting Carrier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 Requesting Carrier shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech meritech Resale Records Records) and parallel records of the Resale Services provided to (i) CLEC (the CLEC Records Records) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC (the Other Reseller Records Records). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 Ameritech shall provide to CLEC for each Reporting Period, by the twenty-twenty- second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx's proprietary information (including CPNI). X.9.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Specified Performance Breach by Ameritech, CLEC may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and (i) bring an action against Ameritech in an appropriate Federal district court, (ii) file a complaint against Ameritech with the FCC pursuant to Sections 207 or 208 of the Act, (iii) seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with the rules, guidelines and regulations of the Commission or (v) seek other relief under Applicable Law; or (b) Ameritech shall pay to CLEC as liquidated damages any amounts that CLEC is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 CLEC shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers, including those described on Schedule 10.9.6. X.9.7 The Parties' agreement to the procedures set forth in this Section 10.9 shall not (i) relieve either Party of its obligations to perform any other duties under this Agreement or (ii) constitute a waiver of a right of either Party to claim that the parity requirements of this Agreement and of the Act have or have not been met.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC “Requesting Carrier Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date Date\ by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 10.9.3 Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC (xRequesting Carrier \ Since the terms of this Agreement are the result of Requesting Carrier’s adoption under Section 252(i) on an aggregate basis andof the Act of the Allegiance Agreement, the Parties agree that the term “Effective Date”, for purposes of this Section 10.9.2, shall mean __________, 2001.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC Frontier (i) in accordance with Section 10.8 as determined by this Section 10.9 10.9, but subject to Section 10.4 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Frontier (the CLEC Records “Frontier Records”) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Frontier (the Other Reseller Records Records”). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered through the Provisioning El or its Retail Customersby Non-Electronic Orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in 861229.2 102208 1516C 96252093 providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Frontier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Frontier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a “Resale Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Frontier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx's proprietary information (including CPNI). Notwithstanding anything to the contrary in this Section 10.9, Ameritech shall not be required to provide Frontier any records as set forth in this Section 10.9.3 if Frontier is reselling less than one thousand (1000) resold lines in a given Reporting Period. X.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Resale Specified Performance Breach by Ameritech, Frontier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and seek any relief it is entitled to under Applicable Law; or (b) Ameritech shall pay to Frontier as liquidated damages any amounts that Frontier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. 861229.2 102208 1516C 96252093 X.9.6 Frontier shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Focal (i) in accordance with Section SECTION 10.8 as determined by this Section SECTION 10.9 and (ii) as ------------ ------------ required by the Commission (collectively, the Resale Performance Benchmarks"RESALE PERFORMANCE BENCHMARKS"). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule SCHEDULE 10.9.2 (each, a Resale Performance Activity"RESALE PERFORMANCE ACTIVITY") relating to --------------- Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records "AMERITECH RESALE RECORDS") and parallel records of the Resale Services provided to (i) CLEC Focal (the CLEC Records "FOCAL RECORDS") and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Focal (the Other Reseller Records "OTHER RESELLER RECORDS"). Xxxxxxxxx Ameritech believes, after good faith inquiry, that Schedule SCHEDULE 10.9.2 is a --------------- complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures a criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 10.9.3 Ameritech shall provide to CLEC Focal for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Focal Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails falls to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. "SPECIFIED PERFORMANCE BREACH." Notwithstanding anything to the contrary in this Section SECTION 10.9.3, the Parties -------------- acknowledge that the Other Reseller Records shall be provided to CLEC Focal (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such reseller's proprietary information (including CPNI). 10.9.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. 10.9.5 Upon the occurrence of a Specified Performance Breach by Ameritech, Focal may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and (i) bring an action against Ameritech in ------------ an appropriate Xxxxxxx xxxxxxxx xxxxx, (xx) file a complaint against Ameritech with the FCC pursuant to Sections 207 or 208 of the Act, (iii) seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with the rules, guidelines and regulations of the Commission or (v) seek other relief under Applicable Law; or (b) Ameritech shall pay to Focal as liquidated damages any amounts that Focal is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. 10.9.6 Focal shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers, including those described on SCHEDULE -------- 10.9.6. ------ 10.9.7 The Parties' agreement to the procedures set forth in this SECTION 10.9 shall not (i) relieve either Party of its obligations to perform ------------ any other duties under this Agreement or (ii) constitute a waiver of a right of either Party to claim that the parity requirements of this Agreement and of the Act have or have not been met.

Appears in 1 contract

Samples: Interconnection Agreement (Focal Communications Corp)

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records ) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC “Requesting Carrier Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 10.9.3 Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Requesting Carrier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx's proprietary information (including CPNI). 10.9.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. 10.9.5 Upon the occurrence of a Specified Performance Breach by Ameritech, Requesting Carrier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and (i) bring an action against Ameritech in an appropriate Federal district court, (ii) file a complaint against Ameritech with the FCC pursuant to Sections 207 or 208 of the Act, (iii) seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with the rules, guidelines and regulations of the Commission or (v) seek other relief under Applicable Law; or (b) Ameritech shall pay to Requesting Carrier as liquidated damages any amounts that Requesting Carrier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. 10.9.6 Requesting Carrier shall also be entitled to any credit allowances pursuant to the same terms and conditions that Ameritech offers credit allowances to its retail Customers, including those described on Schedule 10.9.6. 10.9.7 The Parties' agreement to the procedures set forth in this Section

Appears in 1 contract

Samples: Interconnection Agreement

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Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 10.9, but subject to Section 10.4 and (ii) as required by the Commission (collectively, the Resale Resale Performance BenchmarksBenchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Resale Performance ActivityActivity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Ameritech Resale Records Records) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC Records Requesting Carrier Records) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Other Reseller Records Records). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered through the Provisioning El or its Retail Customersby Non-Electronic Orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Resale Specified Performance Breach. Breach. Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Requesting Carrier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such reseller's proprietary information (including CPNI). Notwithstanding anything to the contrary in this Section 10.9, Ameritech shall not be required to provide Requesting Carrier any records as set forth in this Section 10.9.3 if Requesting Carrier is reselling less than one thousand (1000) resold lines in a given Reporting Period. X.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Resale Specified Performance Breach by Ameritech, Requesting Carrier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and seek any relief it is entitled to under Applicable Law; or (b) Ameritech shall pay to Requesting Carrier as liquidated damages any amounts that Requesting Carrier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 Requesting Carrier shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 10.9, but subject to Section 10.4 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC Records “Requesting Carrier Records”) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records Records”). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered through the Provisioning El or its Retail Customersby Non-Electronic Orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale 8822090.1 102708 1111C 96252093 Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a “Resale Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Requesting Carrier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx’s proprietary information (including CPNI). Notwithstanding anything to the contrary in this Section 10.9, Ameritech shall not be required to provide Requesting Carrier any records as set forth in this Section 10.9.3 if Requesting Carrier is reselling less than one thousand (1000) resold lines in a given Reporting Period. X.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Resale Specified Performance Breach by Ameritech, Requesting Carrier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and seek any relief it is entitled to under Applicable Law; or (b) Ameritech shall pay to Requesting Carrier as liquidated damages any amounts that Requesting Carrier is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 Requesting Carrier may be entitled to a credit pursuant to the terms and conditions of Ameritech’s tariff (Case No. 97-1729 TP-ATA) to implement the minimum telephone services standards “(MTSS”), as such tariff is approved by Commission and modified from time to time (“MTSS Tariff”). Requesting Xxxxxxx agrees to incorporate the terms and conditions of the MTSS Tariff into this Agreement and also agrees not to submit to Ameritech a claim for recourse credit under the MTSS until applicable tariff terms and conditions are approved by the Commission. Ameritech shall have no obligation to acknowledge or credit any claim for recourse in advance of Requesting Carrier’s submission of a claim in compliance with the terms and conditions of the MTSS Tariff.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC “Requesting Carrier Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date Date\ by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 10.9.3 Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC (xRequesting Carrier \ Since the terms of this Agreement are the result of Requesting Carrier’s adoption under Section 252(i) on an aggregate basis andof the Act of the Allegiance Agreement, the Parties agree that the term “Effective Date”, for purposes of this Section 10.9.2, shall mean __________, 2002.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC 21st Century (i) in accordance with Section 10.8 10.8, as determined by this Section 10.9 10.9, and (ii) as required by the Commission (collectively, the "Resale Performance Benchmarks"). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 10.9 (each, a "Resale Performance Activity") relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the "Ameritech Resale Records Records") and parallel records of the Resale Services provided to (i) CLEC 21st Century (the CLEC Records "21st Century Resale Records") and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC 21st Century (the "Other Reseller Records Records"). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure The Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria Performance Activities will be revised in accordance with Article XVIII and the procedures set forth in the Implementation Plan if Ameritech no longer measures a criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 Ameritech shall provide to CLEC 21st Century for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC 21st Century Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, valid and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a "Specified Performance Breach. ." Notwithstanding anything to the contrary foregoing in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC 21st Century (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such reseller's proprietary information (including CPNI). Information regarding reporting and levels of content shall be set forth in the Implementation Plan. X.9.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time-frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Specified Performance Breach by Ameritech, 21st Century may elect one of the following two remedies: (A) Forego the dispute escalation procedures set forth in Section 28.3 and (i) bring an action against Ameritech in an appropriate Federal district court, (ii) file a complaint against Ameritech with the FCC pursuant to Sections 207 or 208 of the Act, (iii) seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with the rules, guidelines and regulations of the Commission and/or (v) seek other relief under Applicable Law; or (B) Ameritech shall pay to 21st Century as liquidated damages any amounts that 21st Century is entitled to receive under then-existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 21st Century shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers, including those described on Schedule 10.9.6.

Appears in 1 contract

Samples: Interconnection Agreement (21st Century Telecom Group Inc)

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC “Requesting Carrier Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date Date\ by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 10.9.3 Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC (xRequesting Carrier \ Since the terms of this Agreement are the result of Requesting Carrier’s adoption under Section 252(i) on an aggregate basis andof the Act of the Allegiance Agreement, the Parties agree that the term “Effective Date”, for purposes of this Section 10.9.2, shall mean October 24, 2000.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in Schedule inSchedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC Records “Requesting Carrier Records”) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records Records”). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description of all criteria used as of the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates or its Retail Customers. The criteria will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech no longer measures criterion in assessing its performance in providing such Resale Service to Ameritech's retail Customers or begins measuring additional criteria. X.9.3 10.9.3 Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Requesting Carrier (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx's proprietary information (including CPNI). 10.9.4 In no event shall Ameritech be deemed to have committed a Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. 10.9.5 Upon the occurrence of a Specified Performance Breach by Ameritech, Requesting Carrier may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and (i) bring an action against Ameritech in an appropriate Federal district court,

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 Ameritech shall provide Resale Services to CLEC Focal (i) in accordance with Section 10.8 as determined by this Section 10.9 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Focal (the CLEC Records “Focal Records”) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Focal (the Other Reseller Records Records”). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered through the Electronic Interface described in Section 10.13.2(a) or its Retail Customersby Non-Electronic Orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 Ameritech shall provide to CLEC Focal for each Reporting Period, by the twenty-twenty- second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Focal Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a “Resale Specified Performance Breach. .” Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC Focal (x) on an aggregate basis andand (y) in a manner that preserves the confidentiality of each other reseller and any of such xxxxxxxx's proprietary information (including CPNI). X.9.4 In no event shall Ameritech be deemed to have committed a Resale Specified Performance Breach if Ameritech's failure to meet or exceed a Resale Performance Activity is caused by a Delaying Event. If a Delaying Event (i) prevents Ameritech from performing a certain function or action that affects a Resale Performance Activity, then such occurrence shall be excluded from the calculation of such Resale Performance Activity and the determination of Ameritech's compliance with the applicable Resale Performance Benchmark or (ii) only suspends Ameritech's ability to timely perform such Resale Performance Activity, then the applicable time frame in which Ameritech's compliance with the Resale Performance Benchmark is measured shall be extended on a like-time basis equal to the duration of such Delaying Event. X.9.5 Upon the occurrence of a Resale Specified Performance Breach by Ameritech, Focal may elect one of the following two remedies: (a) Forego the dispute escalation procedures set forth in Section 28.3 and seek any relief it is entitled to under Applicable Law; or (b) Ameritech shall pay to Focal as liquidated damages any amounts that Focal is entitled to receive under then existing Commission procedures relating to the failure by Ameritech to comply with the Commission performance standards. X.9.6 Focal shall also be entitled to any Credit Allowances pursuant to the same terms and conditions that Ameritech offers Credit Allowances to its retail Customers, including those set forth in Ameritech’s retail tariffs. X.9.7 The Parties' agreement to the procedures set forth in this Section 10.9 shall not (i) relieve either Party of its obligations to perform any other duties under this Agreement or (ii) constitute a waiver of a right of either Party to claim that the parity requirements of this Agreement and of the Act have or have not been met.

Appears in 1 contract

Samples: Interconnection Agreement

Standards of Performance. X.9.1 10.9.1 Ameritech shall provide Resale Services to CLEC Requesting Carrier (i) in accordance with Section 10.8 as determined by this Section 10.9 10.9, but subject to Section 10.4 and (ii) as required by the Commission (collectively, the Resale Performance Benchmarks). X.9.2 10.9.2 To determine Ameritech's compliance with the Resale Performance Benchmarks, Ameritech shall maintain records of specific criteria listed in on Schedule 10.9.2 (each, a Resale Performance Activity) relating to Resale Services it provides to itself and to its subsidiaries, Affiliates and Ameritech's retail Customers (the Ameritech Resale Records Records”) and parallel records of the Resale Services provided to (i) CLEC Requesting Carrier (the CLEC “Requesting Carrier Records ) and (ii) on an aggregate basis, resellers of Telecommunications Services other than CLEC Requesting Carrier (the Other Reseller Records ). Xxxxxxxxx believes, after good faith inquiry, that Schedule 10.9.2 is a complete and accurate description in each case segregated on the basis of all criteria used as of whether the Effective Date by Ameritech to measure Resale Services provided to itself and to its subsidiaries, Affiliates were ordered through the Provisioning El or its Retail Customersby Non-Electronic Orders. The criteria Resale Performance Activities will be revised in accordance with the procedures set forth in the Implementation Plan if Ameritech (x) no longer measures criterion a Resale Performance Activity in assessing its performance in providing such Resale Service to Ameritech's retail Customers or (y) begins measuring additional criteriacriteria to assess such performance. X.9.3 10.9.3 Subject to Section 10.9.2 and the last sentence of this Section 10.9.3, Ameritech shall provide to CLEC Requesting Carrier for each Reporting Period, by the twenty-second (22nd) day of the following month, in a self-reporting format, the applicable Ameritech Resale Records, the CLEC Requesting Carrier Resale Records and the Other Reseller Records so that the Parties can determine Ameritech's compliance with the Resale Performance Benchmarks. If (i) Ameritech fails to comply with a Resale Performance Benchmark with respect to a Resale Performance Activity for a Reporting Period, (ii) the sample size of the Resale Performance Activity measured for such Reporting Period is statistically valid, and (iii) the amount by which the applicable Resale Performance Activity deviates from the corresponding Resale Performance Benchmark is statistically significant, then Ameritech shall have committed a Specified Performance Breach. Notwithstanding anything to the contrary in this Section 10.9.3, the Parties acknowledge that the Other Reseller Records shall be provided to CLEC (x) on an aggregate basis and

Appears in 1 contract

Samples: Interconnection Agreement

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