Common use of Amendment or Other Changes to the Act; Reservation of Rights Clause in Contracts

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If such Amendment to the Act affects any pricing, rates or charges of the services provided under this Agreement, the Parties agree to mutually negotiate such prices, rates or charges for the service. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §252 of the Act. Except as otherwise provided for in this section 13.3 and section 14.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.

Appears in 5 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order or arbitration award purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the pricing, terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If such Amendment amendment to the Act this Agreement affects any pricing, rates or charges of the services provided under this Agreement, such amendment shall be retroactively effective as determined by the Parties agree Commission or other agency or court with jurisdiction over this Agreement, and each Party reserves its rights and remedies with respect to mutually negotiate the collection of such prices, rates or charges for the serviceon a retroactive basis. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §252 of the Act. Except as otherwise provided for in this section 13.3 (13.3) and section 14.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.

Appears in 3 contracts

Samples: Reciprocal Compensation Agreement, Reciprocal Compensation Agreement, Reciprocal Compensation Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order or arbitration award purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an and “Amendment to the Act”), either Party may by providing written notice to the other Party require request that the affected provisions be renegotiated and amended accordingly to reflect the pricing, terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If any such Amendment amendment to the Act this Agreement affects any pricing, rates or charges of the services provided under this Agreement, such amendment shall be retroactively effective as determined by the Parties agree Commission or other agency or court with jurisdiction over this Agreement, and each party reserves it rights and remedies with respect to mutually negotiate the collection of such prices, rates or charges for the serviceon a retroactive basis. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §§ 252 of the Act. Except as otherwise provided for in this section 13.3 (15.3) and section 14.0Section 16.0, neither Party party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder hereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If such Amendment to the Act affects any pricing, rates or charges of the services provided under this Agreement, the Parties agree to mutually negotiate such prices, rates or charges for the service. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §252 of the Act. Except as otherwise provided for in this section 13.3 and section 14.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder hereunder by the FCC and/or the Commission.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder there under by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable non-appealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order or arbitration award purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an and “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the pricing, terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If any such Amendment amendment to the Act this Agreement affects any pricing, rates or charges of the services provided under this Agreement, such amendment shall be retroactively effective as determined by the Parties agree Commission or other agency or court with jurisdiction over this Agreement, and each Party reserves it rights and remedies with respect to mutually negotiate the collection of such prices, rates or charges for the serviceon a retroactive basis. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §§ 252 of the Act. Except as otherwise provided for in this section 13.3 (14.3) and section 14.0Section 15.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If such Amendment to the Act affects any pricing, rates or charges of the services provided under this Agreement, the Parties agree to mutually negotiate such prices, rates or charges for the service. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition petitio n for arbitration pursuant to §252 of the Act. Except as otherwise provided for in this section 13.3 and section 14.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If such Amendment to the Act affects any pricing, rates or charges of the services provided under this Agreement, the Parties agree to mutually negotiate such prices, rates or charges for the service. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §252 of the Act. Except as otherwise provided for in this section Section 13.3 and section Section 14.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.

Appears in 1 contract

Samples: Interconnection Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legally binding legislative, regulatory, or judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s 's First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order or arbitration award purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated in good faith and this Agreement be amended accordingly to reflect the pricing, terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If any such Amendment amendment to the Act this Agreement affects any pricing, rates or charges of the services provided under this Agreementhereunder, each Party reserves its rights and remedies with respect to the Parties agree to mutually negotiate collection of such prices, rates or charges for on a retroactive basis; including the serviceright to seek a surcharge before the applicable regulatory authority. If In the event that such new provisions terms are not renegotiated within thirty ninety (3090) days after such notice, either Party may petition or if at any time during such 90-day period the Parties shall have ceased to negotiate such new terms for arbitration pursuant to §252 a continuous period of the Act. Except as otherwise provided for in this section 13.3 and section 14.0fifteen (15) days, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.the

Appears in 1 contract

Samples: Interconnection Agreement

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Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder there under by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-95- 185 or any applicable Commission order or arbitration award purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an and “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the pricing, terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If any such Amendment amendment to the Act this Agreement affects any pricing, rates or charges of the services provided under this Agreement, such amendment shall be retroactively effective as determined by the Parties agree Commission or other agency or court with jurisdiction over this Agreement, and each Party reserves it rights and remedies with respect to mutually negotiate the collection of such prices, rates or charges for the serviceon a retroactive basis. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §§ 252 of the Act. Except as otherwise provided for in this section 13.3 (14.3) and section 14.0Section 15.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder there under by the FCC and/or the Commission.

Appears in 1 contract

Samples: Interconnection Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder there under by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order or arbitration award purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an and “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the pricing, terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If any such Amendment amendment to the Act this Agreement affects any pricing, rates or charges of the services provided under this Agreement, such amendment shall be retroactively effective as determined by the Parties agree Commission or other agency or court with jurisdiction over this Agreement, and each Party reserves it rights and remedies with respect to mutually negotiate the collection of such prices, rates or charges for the serviceon a retroactive basis. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §§ 252 of the Act. Except as otherwise provided for in this section 13.3 (14.3) and section 14.0Section 15.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder there under by the FCC and/or the Commission.

Appears in 1 contract

Samples: Interconnection Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Nos. 96-98 and 95-185 or any applicable Commission order purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an “Amendment Amendme nt to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If such Amendment to the Act affects any pricing, rates or charges of the services provided under this Agreement, the Parties agree to mutually negotiate such prices, rates or charges for the service. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §252 of the Act. Except as otherwise provided for in this section 13.3 and section 14.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission as of the Effective Date. In the event of any amendment of the Act, or any final and nonappealable legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act, the FCC’s First Report and Order in CC Docket Do cket Nos. 96-98 and 95-185 or any applicable Commission order purporting to apply the provisions of the Act occurring after the Effective Date (individually and collectively, an “Amendment to the Act”), either Party may by providing written notice to the other Party require that the affected provisions be renegotiated and amended accordingly to reflect the terms and conditions of each such Amendment to the Act relating to any of the provisions in this Agreement. If such Amendment to the Act affects any pricing, rates or charges of the services provided under this Agreement, the Parties agree to mutually negotiate such prices, rates or charges for the service. If such new provisions are not renegotiated within thirty (30) days after such notice, either Party may petition for arbitration pursuant to §252 of the Act. Except as otherwise provided for in this section 13.3 and section 14.0, neither Party waives any rights it might have under the Act and the rules and regulations promulgated thereunder by the FCC and/or the Commission.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

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