AM-IN Clause Samples
AM-IN. As used herein, AM-IN means the applicable SBC owned ILEC doing business in Indiana.
AM-IN will also provide any written notification to the Indiana Utility Regulatory Commission as required by rule 170 IAC 7-6.
AM-IN tariffed and Individual Case Basis (ICB) contracts that are assumed will receive an interim wholesale discount of 3.39%. Final wholesale discount will be applied on a going forward basis awaiting the outcome of the pending cost docket.
AM-IN shall not be liable for damages to an End User’s premises resulting from the furnishing of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services, including, if applicable, the installation and removal of equipment and associated wiring, unless the damage is caused by AM-IN’s gross negligence or willful misconduct. AM-IN does not guarantee or make any warranty with respect to unbundled elements when used in an explosive atmosphere.
AM-IN. As used herein, AM-IN means the applicable above listed ILEC doing business in Indiana.
AM-IN agrees to use its best efforts to obtain for TWTC, under commercially reasonable terms, any necessary Intellectual Property rights to each unbundled network element necessary for TWTC to use such unbundled network element in the same manner as used by AM-IN. AM-IN shall have no obligation to attempt to obtain any Intellectual Property right(s) that would permit TWTC to use any unbundled network element in a different manner than used by AM-IN.
AM-IN. AM-IN represents and warrants that it has full power and authority to perform its obligations hereunder.
AM-IN. 9.5.1 Notwithstanding anything to the contrary herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill for Resale Services or Network Elements into an interest-bearing escrow account with a Third Party escrow agent, (iii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options:
9.5.1.1 assess a late payment charge and where appropriate, a dishonored check charge;
9.5.1.2 require provision of a deposit or increase an existing deposit pursuant to a revised deposit request;
9.5.1.3 refuse to accept new, or complete pending, orders; and/or
9.5.1.4 discontinue service.
9.5.1.4.1 Notwithstanding any inconsistent provisions in this Agreement, discontinuing service by AM-IN shall be done as required by Indiana Utility Regulatory Commission rule 170 IAC 7-6.
9.5.2 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options:
9.5.2.1 shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
9.5.2.2 Sections 9.5.1.3 and 9.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark.
9.5.3 Once disconnection has occurred, additional charges may apply.
AM-IN and TWTC shall each be responsible for one-half (1/2) of expenses payable to a Third Party for Commission fees or other charges (including regulatory fees and any costs of notice or publication, but not including attorney’s fees) associated with the filing of this agreement.
AM-IN represents and warrants that it is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. AM-IN represents and warrants that SBC Telecommunications, Inc. has full power and authority to execute and deliver this Agreement as agent for