Common use of Termination for Nonpayment and Procedures for Disconnection Clause in Contracts

Termination for Nonpayment and Procedures for Disconnection. 27.14.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due; provided, however, that the Party allegedly due payment: (1) notifies the other Party in writing of the amounts due pursuant to the notice provisions of this Agreement, (2) uses any dispute resolution process permitted under Section 28.3, (3) obtains a favorable final, nonappealable and nonreviewable ruling in that process, and (4) does not receive payment within thirty (30) calendar days of the date on which such ruling becomes nonappealable and nonreviewable. 27.14.2 Pending the resolution of any dispute raised in accordance with Section 28.3 of this Agreement, whether by settlement or by final and nonappealable arbitration award, ruling, order or judgment, each Party shall continue to perform all of its obligations under this Agreement, and shall not, based upon an act or omission that is the subject of the dispute that is pending resolution, exercise any right of termination or disconnection under this Section 27.14, unless otherwise directed by the other Party. Notwithstanding the foregoing, SBC-AMERITECH may disconnect Resale and/or UNE services provided under this Agreement for nonpayment, as set forth below. 27.14.3 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC-AMERITECH for Resale and/or UNE services provided under this Agreement as and when due and payable and has not presented a dispute under Section 28.2 of this Agreement, the procedures for notice and disconnection as set forth in Sections 27.14.6 through 27.14.14, below shall apply. 27.14.4 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC-AMERITECH for Resale and/or UNE services provided under this Agreement as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 28.2.2 of this Agreement, but neither Party has sought or requested Formal Dispute Resolution under Section 28.3.3 of this Agreement, within sixty (60) days of the date of the letter initiating informal dispute resolution under Section 28.2.2 (the “Informal Dispute Period”), then SBC-AMERITECH shall notify CLEC and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. This notice shall further specify that any of CLEC’s Resale end users that will be affected by such disconnection shall be caused to be defaulted to SBC- AMERITECH local service. On the same day it sends the notice letter required by this Section 27.14.4, SBC-AMERITECH will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 27.14.8 through 27.14.14 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows:

Termination for Nonpayment and Procedures for Disconnection. 27.14.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due; provided, however, that the Party allegedly due payment: (1) notifies the other Party in writing of the amounts due pursuant to the notice provisions of this Agreement, (2) uses any dispute resolution process permitted under Section 28.3, (3) obtains a favorable final, nonappealable and nonreviewable ruling in that process, and (4) does not receive payment within thirty (30) calendar days of the date on which such ruling becomes nonappealable and nonreviewable. 27.14.2 Pending the resolution of any dispute raised in accordance with Section 28.3 of this Agreement, whether by settlement or by final and nonappealable arbitration award, ruling, order or judgment, each Party shall continue to perform all of its obligations under this Agreement, and shall not, based upon an act or omission that is the subject of the dispute that is pending resolution, exercise any right of termination or disconnection under this Section 27.14, unless otherwise directed by the other Party. Notwithstanding the foregoing, SBC-AMERITECH may disconnect Resale and/or UNE services provided under this Agreement for nonpayment, as set forth below. 27.14.3 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC-AMERITECH for Resale and/or UNE services provided under this Agreement as and when due and payable and has not presented a dispute under Section 28.2 of this Agreement, the procedures for notice and disconnection as set forth in Sections 27.14.6 through 27.14.14, below shall apply. 27.14.4 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC-AMERITECH for Resale and/or UNE services provided under this Agreement as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 28.2.2 of this Agreement, but neither Party has sought or requested Formal Dispute Resolution under Section 28.3.3 of this Agreement, within sixty (60) days of the date of the letter initiating informal dispute resolution under Section 28.2.2 (the “Informal Dispute Period”), then SBC-AMERITECH shall notify CLEC and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. This notice shall further specify that any of CLEC’s Resale end users that will be affected by such disconnection shall be caused to be defaulted to SBC- SBC-AMERITECH local service. On the same day it sends the notice letter required by this Section 27.14.4, SBC-AMERITECH will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 27.14.8 through 27.14.14 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows:

Termination for Nonpayment and Procedures for Disconnection. 27.14.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due; provided, however, that the Party allegedly due payment: (1) notifies the other Party in writing of the amounts due pursuant to the notice provisions of this Agreement, (2) uses any dispute resolution process permitted under Section 28.3, (3) obtains a favorable final, nonappealable and nonreviewable ruling in that process, and (4) does not receive payment within thirty (30) calendar days of the date on which such ruling becomes nonappealable and nonreviewable. 27.14.2 Pending the resolution of any dispute raised in accordance with Section 28.3 of this Agreement, whether by settlement or by final and nonappealable arbitration award, ruling, order or judgment, each Party shall continue to perform all of its obligations under this Agreement, and shall not, based upon an act or omission that is the subject of the dispute that is pending resolution, exercise any right of termination or disconnection under this Section 27.14, unless otherwise directed by the other Party. Notwithstanding the foregoing, SBC-AMERITECH SBC may disconnect Resale and/or UNE services provided under this Agreement for nonpayment, as set forth below. 27.14.3 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC-AMERITECH SBC for Resale and/or UNE services provided under this Agreement as and when due and payable and has not presented a dispute under Section 28.2 of this Agreement, the procedures for notice and disconnection as set forth in Sections 27.14.6 through 27.14.14, below shall apply. 27.14.4 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC-AMERITECH SBC for Resale and/or UNE services provided under this Agreement as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 28.2.2 of this Agreement, but neither Party has sought or requested Formal Dispute Resolution under Section 28.3.3 of this Agreement, within sixty (60) days of the date of the letter initiating informal dispute resolution under Section 28.2.2 (the “Informal Dispute Period”), then SBC-AMERITECH SBC shall notify CLEC and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. This notice shall further specify that any of CLEC’s Resale end users that will be affected by such disconnection shall be caused to be defaulted to SBC- AMERITECH SBC local service. On the same day it sends the notice letter required by this Section 27.14.4, SBC-AMERITECH SBC will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 27.14.8 through 27.14.14 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows:

Termination for Nonpayment and Procedures for Disconnection. 27.14.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due; provided, however, that the Party allegedly due payment: (1) notifies the other Party in writing of the amounts due pursuant to the notice provisions of this Agreement, (2) uses any dispute resolution process permitted under Section 28.3, (3) obtains a favorable final, nonappealable and nonreviewable ruling in that process, and (4) does not receive payment within thirty (30) calendar days of the date on which such ruling becomes nonappealable and nonreviewable. 27.14.2 Pending the resolution of any dispute raised in accordance with Section 28.3 of this Agreement, whether by settlement or by final and nonappealable arbitration award, ruling, order or judgment, each Party shall continue to perform all of its obligations under this Agreement, and shall not, based upon an act or omission that is the subject of the dispute that is pending resolution, exercise any right of termination or disconnection under this Section 27.14, unless otherwise directed by the other Party. Notwithstanding the foregoing, SBC-AMERITECH may disconnect Resale and/or UNE services provided under this Agreement for nonpayment, as set forth below. 27.14.3 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC-AMERITECH for Resale and/or UNE services provided under this Agreement as and when due and payable and has not presented a dispute under Section 28.2 of this Agreement, the procedures for notice and disconnection as set forth in Sections 27.14.6 through 27.14.14, below shall apply. 27.14.4 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC-AMERITECH for Resale and/or UNE services provided under this Agreement as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 28.2.2 of this Agreement, but neither Party has sought or requested Formal Dispute Resolution under Section 28.3.3 of this Agreement, within sixty (60) days of the date of the letter initiating informal dispute resolution under Section 28.2.2 (the “Informal Dispute Period”), then SBC-SBC- AMERITECH shall notify CLEC and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. This notice shall further specify that any of CLEC’s Resale end users that will be affected by such disconnection shall be caused to be defaulted to SBC- SBC-AMERITECH local service. On the same day it sends the notice letter required by this Section 27.14.4, SBC-AMERITECH will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 27.14.8 through 27.14.14 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows: