Common use of BACKBILLS Clause in Contracts

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.

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.. INWARD ASSISTANCE OPERATOR SERVICE (INW) 1. INTRODUCTION 3 2. SERVICES 3 3. DEFINITIONS 3 4. RESPONSIBILITIES OF THE PARTIES 3 5. TOLL CENTER CODES 4 6. PRICING 4 7. MONTHLY BILLING 4 8. LIABILITY 4 9. TERM OF APPENDIX 4