Transit Traffic Percentage. As of the Effective Date hereof, the Parties cannot accurately measure the amount of Transit Traffic delivered by Telco to Carrier through the Interconnection Arrangements provided for herein. Accordingly, the Parties agree that seventeen percent (17%) of the traffic delivered hereunder shall be deemed Transit Traffic. Notwithstanding the foregoing, should either Party provide to the other Party a State-specific traffic study and/or other network information regarding Transit Traffic in complete and appropriate form (determined in good faith), along with other applicable information available to the Parties (collectively, "Transit Traffic Information"), the Parties shall use such Transit Traffic Information to negotiate the appropriate percentage of traffic delivered hereunder that is deemed Transit Traffic. If such Transit Traffic Information is provided in complete and appropriate form (determined in good faith) within ninety (90) days after this Agreement is executed by duly authorized representatives of both Parties, then any revised percentage of traffic deemed Transit Traffic, which is derived using such Transit Traffic Information, shall be effective as of the date on which the Transit Traffic Information was provided to the other Party, but no earlier than the Effective Date of this Agreement; otherwise, such revised percentage of traffic deemed Transit Traffic, which is derived using such Transit Traffic Information, shall be effective as of the date such Transit Traffic Information was provided in complete and appropriate form (determined in good faith) to the other Party. Any revised percentage of traffic exchanged hereunder deemed to be Transit Traffic that becomes effective during the Initial Term of the Agreement will remain in effect during the Initial Term of the Agreement. After the expiration of the Initial Term hereof, the percentage of traffic exchanged hereunder deemed Transit Traffic during the Initial Term shall remain in effect thereafter unless either Party provides new Transit Traffic Information to the other Party. In such case, the Parties shall use that new Transit Traffic Information to renegotiate in good faith a new revised percentage of traffic exchanged hereunder deemed Transit Traffic. Renegotiation of the percentage of traffic exchanged hereunder deemed Transit Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months.
Transit Traffic Percentage. The transit traffic percentage contained in this Section is based on Carrier- specific, state-specific information available to Telco and/or supplied by Carrier. The transit traffic percentage contained in this Section will not apply to other carriers who may adopt this Agreement; such carriers must provide their own-carrier-specific, state-specific information to establish the appropriate transit traffic percentage. Accordingly, the Parties agree that 20% of the traffic delivered hereunder shall be deemed Transit Traffic. After the expiration of the Initial Term hereof, the percentage of traffic exchanged hereunder deemed Transit Traffic during the Initial Term shall remain in effect thereafter unless either Party provides new Transit Traffic Information to the other Party. In such case, the Parties shall use that new Transit Traffic Information to renegotiate in good faith a new revised percentage of traffic exchanged hereunder deemed Transit Traffic. Renegotiation of the percentage of traffic exchanged hereunder deemed Transit Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months.
