Underutilization Sample Clauses

Underutilization. 4.6.3.2.1 Underutilization of Local Only Trunk Groups, Local Interconnection Trunk Groups, Third Party Trunk Group and Meet Point Trunk Groups exists when provisioned capacity is greater than the current need. Those situations where more capacity exists than actual usage requires will be handled in the following manner: 4.6.3.2.1.1 If a Local Only Trunk Group, Local Interconnection Trunk Group, Third Party Trunk Group or a Meet Point Trunk Group is under sixty-five percent (65%) of CCS capacity on a monthly average basis for AT&T- 12STATE or under eighty percent (80%) for AT&T SOUTHEAST REGION 9-STATE, for each month of any three (3) consecutive months period, either Party may request the issuance of an order to resize the Local Only Trunk Group, Local Interconnection Trunk Group, Third Party Trunk Group or the Meet Point Trunk Group, which shall be left with not less than twenty-five percent (25%) excess capacity for AT&T-12STATE or not less than fifteen percent (15%) for AT&T SOUTHEAST REGION 9-STATE. In all cases, grade of service objectives shall be maintained. 4.6.3.2.1.2 Either Party may send a TGSR to the other Party to trigger changes to the Local Only Trunk Groups, Local Interconnection Trunk Groups, Third Party Trunk Groups or Meet Point Trunk Groups based on capacity assessment. Upon receipt of a TGSR, the receiving Party will issue an ASR to the other Party within twenty (20) business days after receipt of the TGSR. 4.6.3.2.1.3 Upon review of the TGSR, if a Party does not agree with the resizing, the Parties will schedule a joint planning discussion within the twenty
AutoNDA by SimpleDocs
Underutilization. Underutilization of Interconnection Trunks and facilities exists when provisioned capacity of trunks in service for more than six (6) months is greater than the current need. This over-provisioning is an inefficient deployment and use of network resources and results in unnecessary costs. Those situations where more capacity exists than actual usage will be handled in the following manner: a. If a final trunk group is under seventy-five percent (75%) of CCS capacity or a high usage trunk group is under 90% of CCS capacity on a monthly average basis, for each month of any three (3) consecutive months period, either Party may request the issuance of an order to resize the trunk group, which shall be left with not less than twenty-five percent (25%) excess capacity. In all cases POI requirements and grade of service objectives shall be maintained. b. CLEC will send an ASR to CenturyLink to trigger changes to the Local Interconnection Trunk Groups based on capacity assessment.
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVR, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25 percent of the difference between the MVR and the Customer’s total service charges during such annual period. If during any month of the Extension Term the Customer fails to satisfy the Extension Term MVR, the Customer will be billed and required to pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge equal to the difference between the Customer’s total service charges during such month and the Extension Term MVR.
Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 25% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period.
Underutilization. Underutilization of Interconnection Trunks and facilities exists when provisioned capacity of trunks in service for more than six (6) months is greater than the current need. This over-provisioning is an inefficient deployment and use of network resources and results in unnecessary costs. Those situations where more capacity exists than actual usage will be handled in the following manner: a. If a final trunk group is under seventy-five percent (75%) of CCS capacity or a high usage trunk group is under 90% of CCS capacity on a monthly average basis, for each month of any three
Underutilization. If, in any annual period during the Term, the Customer’s Total Service Charges do not meet or exceed the MVR, the Customer shall pay (a) all accrued but unpaid charges incurred under the agreement and (b) an underutilization charge in an amount equal to 25% of the difference between the MVR and the Customer’s total service charges during such annual period.
Underutilization. If, in any Contract Year during the Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to One Hundred percent (100%) of the difference between the AVC and Customer's Total Service Charges during that Contract Year.
AutoNDA by SimpleDocs
Underutilization. 3.7.3.1 Underutilization of Interconnection trunks and facilities exists when provisioned capacity is greater than the current need. This over provisioning is an inefficient deployment and use of network resources and results in unnecessary costs. Those situations where more capacity exists than actual usage requires will be handled in the following manner: 3.7.3.1.1 If a trunk group is under 75 percent (75%) of CCS capacity on a monthly average basis, for each month of any three (3) consecutive months period, either Party may request the issuance of an order to resize the trunk group, which shall be left with not less than 25 percent (25%) excess capacity. In all cases grade of service objectives shall be maintained. 3.7.3.1.2 Either Party may send an ASR to the other Party to trigger changes to the Local Interconnection Trunk Groups based on capacity assessment. Upon receipt of an ASR the receiving Party will issue an ASR to the other Party within twenty (20) business days after receipt of the initiating ASR. 3.7.3.1.3 Upon review of the ASR if a Party does not agree with the resizing, the Parties will schedule a joint planning discussion within twenty (20) business days. The Parties will meet to resolve and mutually agree to the disposition of the initiating ASR.
Underutilization. 8.4.1 Underutilization of Interconnection trunks and facilities exists when provisioned capacity is greater than the current need. This over provisioning is an inefficient deployment and use of network resources and results in unnecessary costs. Those situations where more capacity exists than actual usage requires will be handled in the following manner: 8.4.1.1 If a trunk group is under 75 percent (75%) of CCS capacity on a monthly average basis, for each month of any three (3) consecutive months period, either Party may request the issuance of an order to resize the trunk group, which shall be left with not less than 25 percent (25%) excess capacity. In all cases grade of service objectives shall be maintained. 8.4.1.2 Either Party may send a TGSR to the other Party to trigger changes to the Local Interconnection Trunk Groups based on capacity assessment. Upon receipt of a TGSR the receiving Party will issue an ASR to the other Party within twenty (20) business days after receipt of the TGSR. 8.4.1.3 Upon review of the TGSR if a Party does not agree with the resizing, the Parties will schedule a joint planning discussion within twenty (20) business days. The Parties will meet to resolve and mutually agree to the disposition of the TGSR. 8.4.1.4 If TDS TELECOM does not receive an ASR, or if CLEC does not respond to the TGSR by scheduling a joint discussion within the twenty (20) business day period, TDS TELECOM will attempt to contact CLEC to schedule a joint planning discussion. If CLEC will not agree to meet within an additional five (5) business days and present adequate reason for keeping trunks operational, TDS TELECOM will issue an ASR to resize the Interconnection trunks and facilities.
Underutilization. If, in any Contract Year during the Initial Term, Customer’s Total Service Charges do not meet or exceed the AVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 50% of the difference between the AVC and the Customer’s Total Service Charges during that Contract Year. If in any monthly billing period during the Extended Term, Customer’s Total Service Charges do not meet or exceed 1/12th of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an “Underutilization Charge” equal to the difference between 1/12th of the AVC and Customer’s Total Service Charges during such monthly billing period. Non-Recurring Credit(s): Achievement Credits. If during any Contract Year, Customer’s Total Service Charges (excluding Verizon International Internet Service) equals $ 400.000.00, then Customer shall receive a corresponding Achievement Credit of $ 10,000.00. The Achievement Credit will be applied against Customer’s designated Total Service Charges incurred for Interstate and International Verizon Option 2 and Option 3 services and any other services mutually agreed upon by the Customer and Verizon, provided the credit is applied to no more than 10 Customer account numbers per month. Monitoring Conditions: Customer must satisfy the following conditions throughout the Term: Customer average local loop mileage for Dedicated Access Service cannot exceed thirteen (13) miles. If Customer fails to satisfy this requirement at any time during the Term, then Verizon will notify Customer of the noncompliance and customer shall have thirty (30) days to cure such noncompliance. If Customer fails to cure the noncompliance within the cure period, Verizon reserves the right to bill Customer and Customer will pay an additional $ 275.00 per circuit for each monthly period until Customer attains compliance with this requirement. Any additional charges assessed pursuant to this provision will be billed as a lump sum charge to one Customer account number. Term: 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written...
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!