Common use of Transit Traffic Percentage Clause in Contracts

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. 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 twenty-five percent (1725%) of the traffic delivered hereunder to Carrier 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 exchanged 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. 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%) in Illinois, Indiana, Wisconsin and 5% 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. 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%) in Oklahoma 25% 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. 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. 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 in Kansas, twenty-three percent (1723%) 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. 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 in California, twenty-five percent (1725%) 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. 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%) in Illinois 35% 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. 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%) in Oklahoma & Texas 35% 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.new

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 in Illinois, twenty five percent (1725%) 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. 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 in Illinois twelve percent (1712%) 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 Page 12 of 32‌‌ exchanged hereunder deemed Transit Traffic after the Initial Term shall occur no more frequently than once every twenty-four (24) months.

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%) in Illinois 25% 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.