Common use of Waiver of Rights; Successor Terms Clause in Contracts

Waiver of Rights; Successor Terms. (a) Subject to Section 2 above, the terms of this Amendment shall be effective on the Amendment Effective Date and shall continue in effect until January 23, 2012 (the “Initial Term”) and, thereafter, shall automatically renew for successive periods of one (1) year (each such successive period, an “Extended Term”) unless either Party, at least six (6) months prior to the last day of the Initial Term, notifies the other Party in writing that it wishes to terminate the terms of this Amendment. If the terms of this Amendment renew automatically for an Extended Term(s) as set forth above, then either Party may terminate the terms of this Amendment by providing written notice of termination at least six (6) months in advance of the date of termination. To the extent necessary to give effect to the foregoing terms of this Section 8(a), each Party irrevocably waives, with respect to the other Party, any and all rights that it may have or that it may obtain, from the beginning of time through and including the Initial Tem (and, as applicable, any Extended Term for which this Amendment remains effective), under the Act (including, but not limited to, under Section 252(i) thereof), under any other applicable law, under the Interconnection Agreements, or otherwise (i) to adopt the terms of any other interconnection agreement, law, regulation, order, arbitration award or the like relating to the subject matter of this Amendment; or (ii) to seek through negotiation, arbitration, or otherwise terms or provisions that would modify, replace, alter or otherwise change the terms of this Amendment prior to the end of the Initial Term (and, as applicable, any Extended Term for which the terms of Amendment remains effective). The effective date of any termination under this Section 8(a), which shall not be before the end of the Initial Term, may be referred to as the “Termination Date” and the date of provision of such notice may be referred to as the “Termination Notice Date”.

Waiver of Rights; Successor Terms. (a) Subject to Section 2 above, the terms of this Amendment shall be effective on the Amendment Effective Date and shall continue in effect until January 23, 2012 8(b) below: (the “Initial Term”i) and, thereafter, shall automatically renew for successive periods of one (1) year (each such successive period, an “Extended Term”) unless either Party, at least six (6) months prior to the last day of the Initial Term, notifies the other Party in writing that it wishes to terminate the terms of this Amendment. If the terms of this Amendment renew automatically for an Extended Term(s) as set forth above, then either Party may terminate the terms of this Amendment by providing written notice of termination at least six (6) months in advance of the date of termination. To the extent necessary to give effect to the foregoing terms of this Section 8(a), each Party irrevocably waives, with respect to the other Party, any and all rights that it may have or that it may obtain, from the beginning of time through and including the Initial Tem (andFebruary 1, as applicable, any Extended Term for which this Amendment remains effective)2010, under the Act (including, but not limited to, under Section 252(i) thereof), under any other applicable law, under the Interconnection AgreementsAgreement(s), or otherwise (i) to adopt the terms of any other interconnection agreement, law, regulation, order, arbitration award or the like relating to the subject matter of this Amendment; or or (ii) to seek through negotiation, arbitration, or otherwise terms or provisions that would modify, replace, alter or otherwise change the terms and provisions of this Amendment prior to February 2, 2010; provided, however, that, for the end avoidance of the Initial Term (andany doubt, as applicablenothing in this Section 8(a) shall prohibit a Party from adopting an interconnection agreement if otherwise permitted under applicable law, any Extended Term for which provided, that, in accordance with Section 8(b) below, the terms of this Amendment remains effectiveshall apply to and amend such adopted interconnection agreement as to the matters set forth herein for the duration of the period set forth in Section 8(b) below (as it applies in the case of an Adopted Replacement Agreement). The . (b) Notwithstanding Section 8(a) above, any other provision of the Amended Agreement, or otherwise (but subject to Section 7 of the Amendment), either Party may, with nine (9) months written notice given no earlier than May 1, 2009, terminate the terms of this Amendment (the effective date of any termination under this Section 8(a)such termination, which shall not be before the end of the Initial TermFebruary 1, may be referred to as 2010, being the “Termination Date” and the date of provision of such notice may be referred to as being the “Termination Notice Date”). In the event of such termination: (i) if, as of the Termination Date, the Interconnection Agreement (or, in the case of Choice One NY, in the State of New York, the arrangement under which Verizon and Choice One NY are operating) remains effective between the Parties and has not been replaced by a new or successor interconnection agreement, the terms of the Interconnection Agreement (or, in the case of Choice One NY, in the State of New York, the arrangement under which Verizon and Choice One NY are operating), excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as the Interconnection Agreement (or, in the case of Choice One NY, in the State of New York, the arrangement under which Verizon and Choice One NY are operating) is replaced by a new or successor interconnection agreement; (ii) if, as of the Termination Date, the Interconnection Agreement (or, in the case of Choice One NY, in the State of New York, the arrangement under which Verizon and Choice One NY are operating) has been replaced by an interconnection agreement adopted pursuant to Section 252(i) of the Act or other provision of applicable law (an “Adopted Replacement Agreement”) that remains effective between the Parties, the terms of such Adopted Replacement Agreement, excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as such Adopted Replacement Agreement is replaced by a new or successor interconnection agreement. If the Parties enter into a voluntarily negotiated Interconnection Agreement that becomes effective prior to February 2, 2010, the terms of such voluntarily negotiated Interconnection Agreement, including those terms addressing the matters set forth in this Amendment, shall govern during the period that such Interconnection Agreement is effective. If a Party provides notice of termination of this Amendment, in accordance with the terms of this Section, each Party on and after the Termination Notice Date, may in writing initiate negotiations under Sections 251 and 252 of the Act for terms to replace the terms set forth in this Amendment. (c) Neither Party hereby waives any other rights accorded to it under applicable law, except to the extent expressly stated in this Amendment. Subject to and without limiting the provisions of Section 2 of this Attachment, nothing in this Amendment should be construed or interpreted as limiting in any way either Party’s rights to pursue in any forum regulatory or legislative reform and/or changes to applicable law.

Waiver of Rights; Successor Terms. (a) Subject to Section 2 above, the terms of this Amendment shall be effective on the Amendment Effective Date and shall continue in effect until January 23, 2012 8(b) below: (the “Initial Term”i) and, thereafter, shall automatically renew for successive periods of one (1) year (each such successive period, an “Extended Term”) unless either Party, at least six (6) months prior to the last day of the Initial Term, notifies the other Party in writing that it wishes to terminate the terms of this Amendment. If the terms of this Amendment renew automatically for an Extended Term(s) as set forth above, then either Party may terminate the terms of this Amendment by providing written notice of termination at least six (6) months in advance of the date of termination. To the extent necessary to give effect to the foregoing terms of this Section 8(a), each Party irrevocably waives, with respect to the other Party, any and all rights that it may have or that it may obtain, from the beginning of time through and including the Initial Tem (andFebruary 1, as applicable, any Extended Term for which this Amendment remains effective)2010, under the Act (including, but not limited to, under Section 252(i) thereof), under any other applicable law, under the Interconnection AgreementsAgreement(s), or otherwise (i) to adopt the terms of any other interconnection agreement, law, regulation, order, arbitration award or the like relating to the subject matter of this Amendment; or or (ii) to seek through negotiation, arbitration, or otherwise terms or provisions that would modify, replace, alter or otherwise change the terms and provisions of this Amendment prior to February 2, 2010; provided, however, that, for the end avoidance of the Initial Term (andany doubt, as applicablenothing in this Section 8(a) shall prohibit a Party from adopting an interconnection agreement if otherwise permitted under applicable law, any Extended Term for which provided, that, in accordance with Section 8(b) below, the terms of this Amendment remains effectiveshall apply to and amend such adopted interconnection agreement as to the matters set forth herein for the duration of the period set forth in Section 8(b) below (as it applies in the case of an Adopted Replacement Agreement). The .. (b) Notwithstanding Section 8(a) above, any other provision of the Amended Agreement, or otherwise (but subject to Section 7 of the Amendment), either Party may, with nine (9) months written notice given no earlier than May 1, 2009, terminate the terms of this Amendment (the effective date of any termination under this Section 8(a)such termination, which shall not be before the end of the Initial TermFebruary 1, may be referred to as 2010, being the “Termination Date” and the date of provision of such notice may be referred to as being the “Termination Notice Date”). In the event of such termination: (i) if, as of the Termination Date, the Interconnection Agreement remains effective between the Parties and has not been replaced by a new or successor interconnection agreement, the terms of the Interconnection Agreement, excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as the Interconnection Agreement is replaced by a new or successor interconnection agreement; (ii) if, as of the Termination Date, the Interconnection Agreement has been replaced by an interconnection agreement adopted pursuant to Section 252(i) of the Act or other provision of applicable law (an “Adopted Replacement Agreement”) that remains effective between the Parties, the terms of such Adopted Replacement Agreement, excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as such Adopted Replacement Agreement is replaced by a new or successor interconnection agreement. If the Parties enter into a voluntarily negotiated Interconnection Agreement that becomes effective prior to February 2, 2010, the terms of such voluntarily negotiated Interconnection Agreement, including those terms addressing the matters set forth in this Amendment, shall govern during the period that such Interconnection Agreement is effective. If a Party provides notice of termination of this Amendment, in accordance with the terms of this Section, each Party on and after the Termination Notice Date, may in writing initiate negotiations under Sections 251 and 252 of the Act for terms to replace the terms set forth in this Amendment. (c) Neither Party hereby waives any other rights accorded to it under applicable law, except to the extent expressly stated in this Amendment. Subject to and without limiting the provisions of Section 2 of this Attachment, nothing in this Amendment should be construed or interpreted as limiting in any way either Party’s rights to pursue in any forum regulatory or legislative reform and/or changes to applicable law.

Waiver of Rights; Successor Terms. (a) Subject to Section 2 above, the terms of this Amendment shall be effective on the Amendment Effective Date and shall continue in effect until January 23, 2012 8(b) below: (the “Initial Term”i) and, thereafter, shall automatically renew for successive periods of one (1) year (each such successive period, an “Extended Term”) unless either Party, at least six (6) months prior to the last day of the Initial Term, notifies the other Party in writing that it wishes to terminate the terms of this Amendment. If the terms of this Amendment renew automatically for an Extended Term(s) as set forth above, then either Party may terminate the terms of this Amendment by providing written notice of termination at least six (6) months in advance of the date of termination. To the extent necessary to give effect to the foregoing terms of this Section 8(a), each Party irrevocably waives, with respect to the other Party, any and all rights that it may have or that it may obtain, from the beginning of time through and including the Initial Tem (andFebruary 2, as applicable, any Extended Term for which this Amendment remains effective)2010, under the Act (including, but not limited to, under Section 252(i) thereof), under any other applicable law, under the Interconnection Agreements, or otherwise (iA) to adopt the terms of any other interconnection agreement, lawregulation (where the regulation (or order adopting such regulation) acknowledges that parties may negotiate terms that differ from the relevant terms of such regulation), regulationorder (including, without limitation, an order establishing a rule of general applicability where such order of general applicability acknowledges that parties may negotiate terms that differ from the relevant terms of such order), arbitration award award, or the like relating to the subject matter of this Amendment; or or (iiB) to seek through negotiation, arbitration, or otherwise terms or provisions that would modify, replace, alter or otherwise change the terms and provisions of this Amendment prior to February 2, 2010, and (ii) the end of Parties agree that, if they establish a new or replacement interconnection agreement(s) beyond the Initial Term (andInterconnection Agreement, as applicable, any Extended Term for which they shall implement the terms of this Amendment remains effectiveinto such new or replacement interconnection agreement(s). The . (b) Notwithstanding Section 8(a) above, any other provision of the Amended Agreement, or otherwise, either Party may, with sixty (60) days written notice given no earlier than December 2, 2009, terminate the terms of this Amendment (the effective date of any such termination under this Section 8(a), which shall not be before the end of the Initial Term, may be referred to herein as the “Termination Date” ”). In the event of such termination: (i) if, as of the Termination Date, the Interconnection Agreement remains effective between the Parties and has not been replaced by a new or replacement interconnection agreement, the date terms of the Interconnection Agreement, excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as the Interconnection Agreement is replaced by a new or successor interconnection agreement; and (ii) if, as of the Termination Date, the Interconnection Agreement has been replaced by an interconnection agreement adopted pursuant to Section 252(i) of the Act or other provision of applicable law (an “Adopted Replacement Agreement”) that remains effective between the Parties, the terms of such notice may Adopted Replacement Agreement, excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as such Adopted Replacement Agreement is replaced by a new or successor interconnection agreement. If the Parties enter into a voluntarily negotiated interconnection agreement that becomes effective prior to February 2, 2010, the terms of such voluntarily negotiated Interconnection Agreement, including those terms addressing the matters set forth in this Amendment, shall govern during the period that such interconnection agreement is effective. Notwithstanding anything set forth in this Section 8, either Party’s termination of the terms of this Amendment pursuant to this Section 8 shall not be referred deemed to permit either Party: (i) to xxxx the other Party for any amount that, prior to the Termination Date, the billing Party was barred from billing to the other Party under Section 3 above, or (ii) to dispute any amount that the Party, prior to the termination date, was barred from disputing under Section 5 above. (c) Neither Party hereby waives any other rights accorded to it under applicable law, except to the extent expressly stated in this Amendment. Subject to and without limiting the provisions of Section 2 of this Attachment, nothing in this Amendment should be construed or interpreted as the “Termination Notice Date”limiting in any way either Party’s rights to pursue in any forum regulatory or legislative reform and/or changes to applicable law.

Waiver of Rights; Successor Terms. (a) Subject to Section 2 above, the terms of this Amendment shall be effective on the Amendment Effective Date and shall continue in effect until January 23, 2012 8(b) below: (the “Initial Term”i) and, thereafter, shall automatically renew for successive periods of one (1) year (each such successive period, an “Extended Term”) unless either Party, at least six (6) months prior to the last day of the Initial Term, notifies the other Party in writing that it wishes to terminate the terms of this Amendment. If the terms of this Amendment renew automatically for an Extended Term(s) as set forth above, then either Party may terminate the terms of this Amendment by providing written notice of termination at least six (6) months in advance of the date of termination. To the extent necessary to give effect to the foregoing terms of this Section 8(a), each Party irrevocably waives, with respect to the other Party, any and all rights that it may have or that it may obtain, from the beginning of time through and including the Initial Tem (andFebruary 1, as applicable, any Extended Term for which this Amendment remains effective)2010, under the Act (including, but not limited to, under Section 252(i) thereof), under any other applicable law, under the Interconnection AgreementsAgreement(s), or otherwise (i) to adopt the terms of any other interconnection agreement, law, regulation, order, arbitration award or the like relating to the subject matter of this Amendment; or or (ii) to seek through negotiation, arbitration, or otherwise terms or provisions that would modify, replace, alter or otherwise change the terms and provisions of this Amendment prior to February 2, 2010; provided, however, that, for the end avoidance of the Initial Term (andany doubt, as applicablenothing in this Section 8(a) shall prohibit a Party from adopting an interconnection agreement if otherwise permitted under applicable law, any Extended Term for which provided, that, in accordance with Section 8(b) below, the terms of this Amendment remains effectiveshall apply to and amend such adopted interconnection agreement as to the matters set forth herein for the duration of the period set forth in Section 8(b) below (as it applies in the case of an Adopted Replacement Agreement). The . (b) Notwithstanding Section 8(a) above, any other provision of the Amended Agreement, or otherwise (but subject to Section 7 of the Amendment), either Party may, with nine (9) months written notice given no earlier than May 1, 2009, terminate the terms of this Amendment (the effective date of any termination under this Section 8(a)such termination, which shall not be before the end of the Initial TermFebruary 1, may be referred to as 2010, being the “Termination Date” and the date of provision of such notice may be referred to as being the “Termination Notice Date”). In the event of such termination: (i) if, as of the Termination Date, the Interconnection Agreement remains effective between the Parties and has not been replaced by a new or successor interconnection agreement, the terms of the Interconnection Agreement, excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as the Interconnection Agreement is replaced by a new or successor interconnection agreement; (ii) if, as of the Termination Date, the Interconnection Agreement has been replaced by an interconnection agreement adopted pursuant to Section 252(i) of the Act or other provision of applicable law (an “Adopted Replacement Agreement”) that remains effective between the Parties, the terms of such Adopted Replacement Agreement, excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as such Adopted Replacement Agreement is replaced by a new or successor interconnection agreement. If the Parties enter into a voluntarily negotiated Interconnection Agreement that becomes effective prior to February 2, 2010, the terms of such voluntarily negotiated Interconnection Agreement, including those terms addressing the matters set forth in this Amendment, shall govern during the period that such Interconnection Agreement is effective. If a Party provides notice of termination of this Amendment, in accordance with the terms of this Section, each Party on and after the Termination Notice Date, may in writing initiate negotiations under Sections 251 and 252 of the Act for terms to replace the terms set forth in this Amendment. (c) Neither Party hereby waives any other rights accorded to it under applicable law, except to the extent expressly stated in this Amendment. Subject to and without limiting the provisions of Section 2 of this Attachment, nothing in this Amendment should be construed or interpreted as limiting in any way either Party’s rights to pursue in any forum regulatory or legislative reform and/or changes to applicable law.

Waiver of Rights; Successor Terms. (a) Subject to Section 2 above, the terms of this Amendment shall be effective on the Amendment Effective Date and shall continue in effect until January 23, 2012 8(b) below: (the “Initial Term”i) and, thereafter, shall automatically renew for successive periods of one (1) year (each such successive period, an “Extended Term”) unless either Party, at least six (6) months prior to the last day of the Initial Term, notifies the other Party in writing that it wishes to terminate the terms of this Amendment. If the terms of this Amendment renew automatically for an Extended Term(s) as set forth above, then either Party may terminate the terms of this Amendment by providing written notice of termination at least six (6) months in advance of the date of termination. To the extent necessary to give effect to the foregoing terms of this Section 8(a), each Party irrevocably waives, with respect to the other Party, any and all rights that it may have or that it may obtain, from the beginning of time through and including the Initial Tem (andFebruary 1, as applicable, any Extended Term for which this Amendment remains effective)2010, under the Act (including, but not limited to, under Section 252(i) thereof), under any other applicable law, under the Interconnection AgreementsAgreement(s), or otherwise (i) to adopt the terms of any other interconnection agreement, law, regulation, order, arbitration award or the like relating to the subject matter of this Amendment; or or (ii) to seek through negotiation, arbitration, or otherwise terms or provisions that would modify, replace, alter or otherwise change the terms and provisions of this Amendment prior to February 2, 2010; provided, however, that, for the end avoidance of the Initial Term (andany doubt, as applicablenothing in this Section 8(a) shall prohibit a Party from adopting an interconnection agreement if otherwise permitted under applicable law, any Extended Term for which provided, that, in accordance with Section 8(b) below, the terms of this Amendment remains effectiveshall apply to and amend such adopted interconnection agreement as to the matters set forth herein for the duration of the period set forth in Section 8(b) below (as it applies in the case of an Adopted Replacement Agreement). The . (b) Notwithstanding Section 8(a) above, any other provision of the Amended Agreement, or otherwise (but subject to Section 7 of the Amendment), either Party may, with nine (9) months written notice given no earlier than May 1, 2009, terminate the terms of this Amendment (the effective date of any termination under this Section 8(a)such termination, which shall not be before the end of the Initial TermFebruary 1, may be referred to as 2010, being the “Termination Date” and the date of provision of such notice may be referred to as being the “Termination Notice Date”). In the event of such termination: (i) if, as of the Termination Date, the Interconnection Agreement (or, in the case of Choice One NY, in the State of New York, the arrangement under which Verizon and Choice One NY are operating) remains effective between the Parties and has not been replaced by a new or successor interconnection agreement, the terms of the Interconnection Agreement (or, in the case of Choice One NY, in the State of New York, the arrangement under which Verizon and Choice One NY are operating), excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as the Interconnection Agreement (or, in the case of Choice One NY, in the State of New York, the arrangement under which Verizon and Choice One NY are operating) is replaced by a new or successor interconnection agreement; (ii) if, as of the Termination Date, the Interconnection Agreement (or, in the case of Choice One NY, in the State of New York, the arrangement under which Verizon and Choice One NY are operating) has been replaced by an interconnection agreement adopted pursuant to Section 252(i) of the Act or other provision of applicable law (an “Adopted Replacement Agreement”) that remains effective between the Parties, the terms of such Adopted Replacement Agreement, excluding the terms of this Amendment, shall govern as to the matters set forth herein until such time as such Adopted Replacement Agreement is replaced by a new or successor interconnection agreement. If the Parties enter into a voluntarily negotiated Interconnection Agreement that becomes effective prior to February 2, 2010, the terms of such voluntarily negotiated Interconnection Agreement, including those terms addressing the matters set forth in this Amendment, shall govern during the period that such Interconnection Agreement is effective. If a Party provides notice of termination of this Amendment, in accordance with the terms of this Section, each Party on and after the Termination Notice Date, may in writing initiate negotiations under Sections 251 and 252 of the Act for terms to replace the terms set forth in this Amendment. (c) Neither Party hereby waives any other rights accorded to it under applicable law, except to the extent expressly stated in this Amendment. Subject to and without limiting the provisions of Section 2 of this Attachment, nothing in this Amendment should be construed or interpreted as limiting in any way either Party’s rights to pursue in any forum regulatory or legislative reform and/or changes to applicable law. THIS AMENDMENT ( “Amendment”), effective as of February 2, 2007 (the “Amendment Effective Date”), amends each interconnection agreement in the Verizon East service territory (as listed in Attachment 1 hereto) between a Verizon incumbent local exchange carrier (“ILEC”) affiliate (individually and, collectively, “Verizon” or the “Verizon Parties") and a competitive local exchange carrier (“CLEC”) affiliate of One Communications Corp. (individually and, collectively, “One Communications” or the "One Communications Parties") (such interconnection agreements being referred to herein individually as an "Interconnection Agreement" and collectively as the "Interconnection Agreements"). This Amendment also supplements, in the State of New York, the arrangements under which Verizon and Choice One Communications of New York Inc. (“Choice One NY”) are operating. Verizon and One Communications are referred to herein individually as a “Party” and collectively as the “Parties”.