Common use of BACKBILLS Clause in Contracts

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 billing Party, the Parties may agree upon other time periods for Back-billing. 10.1.2 Back-billing and credit claims, and true-ups, as limited above, will apply to all Interconnection Services purchased under this Agreement. To the extent that Back-billing and Credit Claims for Intercarrier Compensation are dealt with under Appendix XVIII Reciprocal Compensation, Back- bill and Credit Claims for Intercarrier Compensation is excluded from this Section 10.0 and is addressed in Appendix XVIII Reciprocal Compensation. 1. INTRODUCTION 1.1 This Appendix sets forth terms and conditions for Inward Assistance Operator Services provided by UAT&T MICHIGANU to PFN. 1.2 Intentionally Omitted.

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 Page 60 of 223 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 billing Party, the Parties may agree upon other time periods for Back-billing. 10.1.2 Back-billing and credit claims, and true-ups, as limited above, will apply to all Interconnection Services purchased under this Agreement. To the extent that Back-billing and Credit Claims for Intercarrier Compensation are dealt with under Appendix XVIII Reciprocal Compensation, Back- bill and Credit Claims for Intercarrier Compensation is excluded from this Section 10.0 and is addressed in Appendix XVIII Reciprocal Compensation. 1. INTRODUCTIONPage 62 of 223 Page 63 of 223 1.1 This Appendix sets forth terms and conditions for Inward Assistance Operator Services provided by UAT&T MICHIGANU to PFN. 1.2 Intentionally Omitted.