SBC INDIANA definition
Examples of SBC INDIANA in a sentence
Further, to the extent CLEC resells services that require certification on the part of the End User, CLEC shall ensure that the End User meets all associated tariff eligibility requirements, has obtained proper certification, continues to be eligible for the program(s), and complies with all rules and regulations as established by the appropriate Commission and the state specific SBC SOUTHWEST REGION 5-STATE, SBC WISCONSIN, SBC OHIO and SBC INDIANA tariffs.
This Performance Remedy Plan sets forth the terms and conditions under which SBC INDIANA will report performance to Nexor Communications Inc.
SBC INDIANA bears the burden of proof and must pay the remedies in advance of the expedited hearing, subject to refund, including interest, if it prevails.
In order to ensure parity and benchmark performance where CLECs order low volumes of advanced and nascent services, SBC INDIANA will make increased voluntary payments to the State Fund designated by the Commission on those measurements listed in section 12.3 below (the “Qualifying Measurements”).
SBC INDIANA will not be excused from payment of liquidated damages or assessments on specific grounds (e.g. Force Majeure, third party systems or equipment problems), unless SBC INDIANA prevails in a waiver of liability filed with the Commission seeking expedited resolution.
Determine the Tier 2 measurement results that are non-compliant for three consecutive months for the aggregate of all CLECs. If the non-compliant classification continues for three consecutive months, an additional assessment will apply in the third month and in each succeeding month as calculated below, until SBC INDIANA reports performance that meets the applicable criterion.
SBC INDIANA will not be excused from payment of liquidated damages or assessments on any other grounds except as addressed in Section 7.2 or by application of the procedural threshold provided for below.
SBC INDIANA agrees that the application of the assessments and damages provided for herein is not intended to foreclose other non-contractual legal and regulatory claims and remedies that may be available to a CLEC.
SBC INDIANA and CLEC further agree that liquidated damages payable under this provision are not intended to be a penalty.
By incorporating these liquidated damages terms into an interconnection agreement and tariff, SBC INDIANA and CLEC agree that proof of damages from any “noncompliant” performance measure would be difficult to ascertain and, therefore, liquidated damages are a reasonable approximation of any contractual damage resulting from a non-compliant performance measure.