BACKBILLS Clause Samples
BACKBILLS. 10.1 Limitation on Back-billing and Credit Claims; Exceptions to Limitation for Certain Situations (True-Ups):
10.1.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to back-bill for or claim credit for any charges for services provided pursuant to this Agreement that are found to be unbilled, under-billed or over-billed, but only when such charges appeared or should have appeared on a bill dated within the twelve (12) months immediately preceding the date on which the Billing Party provided written notice to the Billed Party of the amount of the back-billing or the Billed Party provided written notice to the Billing Party of the claimed credit amount. The Parties agree that the twelve (12) month limitation on back-billing and credit claims set forth in the preceding sentence shall be applied prospectively only after the Effective Date of this Agreement, meaning that the twelve (12) month period for any back-billing or credit claims may only include billing periods that fall entirely after the Effective Date of this Agreement and will not include any portion of any billing period that began prior to the Effective Date of this Agreement. Nothing herein shall prohibit either Party from rendering bills or collecting for any Interconnection Service(s) more than twelve (12) months after the Interconnection Service(s) was provided when the ability or right to charge or the proper charge for the Interconnection Service(s) was the subject of an arbitration or other Commission docket or any FCC order, including any appeal of such arbitration, docket or FCC order. In such cases (hereinafter a “true-up”), the time period for billing shall be the longer of (a) the period specified by the commission in the final order allowing or approving such charge or (b) eighteen (18) months from the date of the final order allowing or approving such charge or (c) twelve (12) months from the date of approval of any executed amendment to this Agreement required to implement such charge.
10.1.1.1 If the failure to bill or underbilling is caused solely by the acts, failure or refusal to act, errors or omissions of the billed Party, the twelve (12) month period provided in subsection 10.1.2 shall be extended by a period equal to the delay caused by such conduct of the billed Party, and the billed Party shall be liable for such Back-billed charges. Where such failure to bill or underbilling is caused in part by the billed Party and in part by the bi...
BACKBILLS. 10.1 A Party may send bills to the other Party containing amounts found to be unbilled or underbilled (“Backbill(s)”), as follows:
10.1.1 Except as provided in Section 10.1.5 below, for erroneous failure to bill or underbilling of any charges incurred by a Party under this Agreement, the billing Party may submit a Backbill to the billed Party for charges incurred by the billed Party up to one hundred eighty (180) days prior to the Backbill date. For the purposes of this Section, charges shall be deemed incurred for: (i) services charged on a usage-sensitive basis, upon the last day of the billing cycle in which such usage was recorded, and (ii) all other services, upon the first day of the billing cycle in which the billed Party used such service; or
10.1.2 For failure to bill or underbilling where data exchange with third party carriers is required, the billing Party may submit a Backbill to the billed Party for charges incurred by the billed Party up to one hundred eighty (180) days prior to the Backbill date; or
10.1.3 Where a billing Party is required by regulatory agencies, arbitrators, courts, or legislatures to implement new pricing structures, the billing Party may submit to the billed Party, up to one hundred eighty (180) days after the implementation date required in the regulatory action, the date of the final, non-appealable arbitration or order, or the effective date of the legislation or tariff (each such date hereinafter referred to as a “Governmental Requirement Date”), a Backbill for charges incurred by the billed Party as a result of, and since the applicable Governmental Requirement Date; or
10.1.4 Except as provided in Section 10.1.5 below, neither Party will be liable for charges contained in Backbills that are sent outside the time periods defined in Section 10.1.1 through Section 10.1.3.
10.1.5 A billing Party may send Backbills outside of the time periods defined in Section 10.1.1 through Section 10.1.3, but otherwise subject to the limitations in this Agreement applicable to billing disputes, for charges incurred by the billed Party where the failure to bill or underbilling is caused solely by the acts, failure or refusal to act, errors or omissions of the billed Party, and the billed Party shall be liable for such Backbilled charges. Where such failure to bill or underbilling is caused in part by the billed Party and in part by the billing Party, the Parties may agree upon other time periods for Backbilling.