Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 48B (the "GTE Terms") may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix 48A (the "AT&T Terms") if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case No. 96-478. The rates, terms and conditions that are specified in Appendix 48A (the AT&T Terms) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of COMM SOUTH's election to replace the specified”GTE Terms” with the specified AT&T Terms, which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission and effective. GTE and COMM SOUTH agree that if the AT&T Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the AT&T Terms or, as appropriate, the substitution of GTE Terms for all stayed or enjoined AT&T Terms, and such amendment shall be effective retroactive to the Effective Date of the AT&T Terms. GTE and COMM SOUTH further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket No. 98-96-. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“action”). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 48. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. COMM SOUTH acknowledges that GTE may seek to enforce such action before a commi...
Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix D (the "GTE Terms") may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix E (the "AT&T Terms") if and when the AT&T Agreement becomes effective after approval by order of the Commission in Docket No. 96-478. The rates, terms and conditions that are specified in Appendix E (the “AT&T Terms”) shall not take effect for purposes of this Agreement until thirty
Amendment of Certain Rates, Terms and Conditions. III-16 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES . . . . . . . . . . . . . . . . IV-1 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
Amendment of Certain Rates, Terms and Conditions. III-11 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES ................................ IV-1 1. General ...................................................................... IV-1
Amendment of Certain Rates, Terms and Conditions. The rates, terms, and ------------------------------------------------- conditions in this Agreement that are specified in Attachment 46A (the "AT&T Terms") were taken from the GTE/ AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Order No. 99-028 in Docket No. ARB 5. The rates, terms, and conditions not included in this Agreement but referenced in Attachment 00X (xxx "XXX Xxxxx") were excluded from the AT&T Agreement by the Commission in Docket No. ARB 5. GTE and XXX agree that if the "AT&T Terms" are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the "AT&T Terms" or, as appropriate, the substitution of "GTE Terms" for all stayed and enjoined "AT&T Terms", and such amendments shall be effective retroactive to the Effective Date of this Agreement.
Amendment of Certain Rates, Terms and Conditions. III-12 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES V-1
Amendment of Certain Rates, Terms and Conditions. III-16 ARTICLE IV INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 1. Services Covered by This Article . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 1.1 Types of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2. Billing and Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2.1 Rates and Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2.2 Billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 00X (xxx "XXX Xxxxx") may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix 48A (the "AT&T Terms") if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case No. 96-478 The rates, terms and conditions that are specified in Appendix 48A (the “AT&T Terms¦) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of UTI's election to replace the specified “GTE Terms¦ with the specified “AT&T Terms¦, which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission and effective. GTE and UTI agree that if the “AT&T Terms¦ are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms¦ or, as appropriate, the substitution of “GTE Terms¦ for all stayed or enjoined “AT&T Terms¦, and such amendment shall be effective retroactive to the Effective Date of the “AT&T Terms.¦ GTE and UTI further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket No. 96-478. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC's First Report and Order, in whole or in part (“action¦). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 48. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. UTI acknowledges that GTE may seek to enforce such action before a commission or court...
Amendment of Certain Rates, Terms and Conditions. 6199 GENERAL RULES GOVERNING RESOLD SERVICES IV-I 1. ................................................................................................................................IV-I 2. of GTE IV-l 2.1 of Tariff Liability IV-l
Amendment of Certain Rates, Terms and Conditions. III-13 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES AND UNBUNDLED ELEMENTS ................................................... IV-1 1. General ...................................................................... IV-1 2. Liability of GTE ................................................................. IV-1 2.1 Inapplicability of Tariff Liability ....................................... IV-1 2.2 QTC Tariffs or Contracts ........................................... IV-1 2.3 No Liability for Errors .............................................. IV-1 3. Unauthorized Changes .......................................................... IV-1 3.1 Procedures ...................................................... IV-1 4. Impact of Payment of Charges on Service ........................................... IV-2 5. Unlawful Use of Service ......................................................... IV-2 6. Timing of Messages ............................................................. IV-3
