Common use of Xxxx-and-Keep Clause in Contracts

Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ Customers is roughly balanced between the Parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request, pursuant to Article II, Section 5.1.1, that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (60) percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other that mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in Section 5.4 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Xxxx-and-Keep Arrangement described in this Section.

Appears in 8 contracts

Samples: 252 Agreement, 252 Agreement, 252 Agreement

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Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ Customers end-user customers is roughly balanced between the Parties parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request, pursuant to Article II, Section 5.1.1, request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (60) 60 percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other that mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in this Section 5.4 3.2.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Xxxx-and-Keep Arrangement described in this SectionSection 3.2.2, except as set forth in Section 3.1 above.

Appears in 7 contracts

Samples: psc.ky.gov, Interconnection Agreement, Interconnection Agreement

Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ Customers end user customers is roughly balanced between the Parties parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and-and- Keep Arrangement with respect to termination of Local Traffic only. Either Party may request, pursuant to Article II, Section 5.1.1, request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (60) 60 percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other that mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in this Section 5.4 3.2.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Xxxx-and-Keep Arrangement described in this SectionSection 3.2.2, except as set forth in Section 3.1 above.

Appears in 2 contracts

Samples: Resale and Unbundling Agreement, psc.ky.gov

Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ Customers end-user customers is roughly balanced between the Parties parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and-and- Keep Arrangement with respect to termination of Local Traffic only. Either Party may request, pursuant to Article II, Section 5.1.1, request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (60) 60 percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other that mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in this Section 5.4 3.2.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Xxxx-and-Keep Arrangement described in this SectionSection 3.2.2, except as set forth in Section 3.1 above.

Appears in 2 contracts

Samples: Resale and Unbundling Agreement, Resale and Unbundling Agreement

Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ Customers is roughly balanced between the Parties parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-Xxxx- and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request, pursuant to Article II, Section 5.1.1, request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (60) 60 percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other that mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A APPENDIX C of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in this Section 5.4 3.2.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Xxxx-and-Keep Arrangement described in this SectionSection 3.2.2, except as set forth in Section 3.1 above.

Appears in 1 contract

Samples: Rhythms Net Connections Inc

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Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ Customers is roughly balanced between the Parties parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request, pursuant to Article II, Section 5.1.1, request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregateon an end office by end office basis, that either Party is terminating more than sixty (60) 60 percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other request that mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A and following such notice it shall begin and continue for the duration section 3.3.1 of this Agreement. Furthermore, regardless of the Term results of any traffic study or the request of or failure to request a traffic study by either or both Parties, either Party may terminate the Xxxx-and-Keep Arrangement established pursuant to this Agreement unless otherwise agreedsection with twelve months notice. Nothing in Section 5.4 this section 3.3.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Xxxx-and-Keep Arrangement described in this Sectionsection 3.3.2.

Appears in 1 contract

Samples: psc.ky.gov

Xxxx-and-Keep. The Parties shall assume that Local Traffic -------------- originated by or terminating to the Parties’ Customers ' end-user customers is roughly balanced between the Parties parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request, pursuant to Article II, Section 5.1.1, request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (60) 60 percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other that mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in this Section 5.4 3.2.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Xxxx-and-Keep Arrangement described in this SectionSection 3.2.2, except as set forth in Section 3.1 above.

Appears in 1 contract

Samples: Madison River Capital LLC

Xxxx-and-Keep. The Parties shall assume that Local ------------- Traffic originated by or terminating to the Parties’ Customers ' end- user customers is roughly balanced between the Parties parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request, pursuant to Article II, Section 5.1.1, request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (60) 60 percent of the Parties' total terminated minutes for Local Traffic, either Party may notify the other that mutual compensation will commence on a going forward basis pursuant to the rates set forth in Appendix A of this Agreement and following such notice it shall begin and continue for the duration of the Term of this Agreement unless otherwise agreed. Nothing in this Section 5.4 3.2.2 shall be interpreted to (i) change compensation set forth in this Agreement for traffic or services other than Local Traffic, including but not limited to internetwork facilities, access traffic or wireless traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the purpose of compensation under the Xxxx-Xxxx- and-Keep Arrangement described in this SectionSection 3.2.2, except as set forth in Section 3.1 above.

Appears in 1 contract

Samples: Unbundling Agreement (Madison River Capital LLC)

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