Common use of Binding Forecasts Clause in Contracts

Binding Forecasts. The Parties acknowledge that Ameritech and Carrier already have established connections between their networks which accommodate current traffic levels and that neither Party can foresee unusual changes in historic traffic growth patterns. Accordingly, binding forecasts shall not be required under this Agreement unless a Party reasonably anticipates an extraordinary change in traffic volumes between their networks over a short period of time. In the event either Party reasonably anticipates an extraordinary change in traffic volumes between their networks over a short period of time, then upon advanced written notice provided by either Party, the Parties shall enter into negotiations to establish a forecast (a “Binding Forecast”) that commits the terminating carrier to use and the originating carrier to provide Interconnection Facilities to be utilized as set forth in such Binding Forecast. The Parties shall negotiate the terms of such Binding Forecast in good faith and may include in such Binding Forecast provisions regarding price, quantity, liability for failure to perform under a Binding Forecast and any other terms desired by the Parties.

Binding Forecasts. The Parties acknowledge that Ameritech and Carrier already have established connections between their networks which accommodate current traffic levels and that neither Party can foresee unusual changes in historic traffic growth patterns. Accordingly, binding forecasts shall not be required under this Agreement unless a Party reasonably anticipates an extraordinary a twenty percent (20%) change in traffic volumes between their networks over a short six (6) month period of time. (an “Extraordinary Change”)- In the event that either Party reasonably anticipates an extraordinary change in traffic volumes between their networks over a short period of timeExtraordinary Change, then upon advanced written notice provided by either Party, the Parties shall enter into negotiations to establish a forecast (a “Binding Forecast”) that commits the terminating carrier to use and the originating carrier to provide Interconnection Facilities to be utilized as set forth in such Binding Forecast. The Parties shall negotiate the terms of such Binding Forecast in good faith and may include in such Binding Forecast provisions regarding price, quantity, liability for failure to perform under a Binding Forecast and any other terms desired by the Parties.