Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date of this Agreement shall be May 1, 2006. 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4. 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so. 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be ten (10) days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In AT&T-OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on August 1, because CLEC has implemented 2008 (i.e. ordered facilitiesthe “Term”). This Agreement shall expire if either Party provides written notice, and submitted ASRs for trunkingwithin one hundred-eighty (180) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to Section 5.3 or 5.4the provisions of this Section.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 35, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
Appears in 2 contracts
Sources: Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to Commission approval, the an earlier Effective Date Date.
9.2 The “Initial Term” of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon two (2) years from the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later shall then automatically renew on April 30, 2009a year-to-year basis. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Initial Term, either Party may terminate this Agreement after delivering by providing written notice of termination to the other Party, with such written notice to be provided at least 180 calendar sixty (60) days advanced in advance of the date of termination.
9.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligation.
9.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For ▇▇▇▇▇▇▇▇▇▇▇, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission.
9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement.
9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 2 contracts
Sources: Facilities Based Network Interconnection Agreement, Facilities Based Network Interconnection Agreement
Effective Date Term and Termination.
5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April May 30, 20092001 (the “Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-ILEC written confirmation if CLEC wishes to pursue a successor agreement with SBC-ILEC or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-ILEC, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-ILEC under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-ILEC received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-ILEC for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-ILEC's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-ILEC notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-ILEC in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety- first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-ILEC and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on July 19, because 2007, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30July 18, 20092008 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 2 contracts
Sources: Interconnection and/or Resale Agreement, Interconnection and/or Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April May 30, 20092001 (the “Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-ILEC written confirmation if CLEC wishes to pursue a successor agreement with SBC-ILEC or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-ILEC, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-ILEC under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-ILEC received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-ILEC for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-ILEC's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-ILEC notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-ILEC in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety- first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-ILEC and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval6.1 In SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 11, because CLEC has implemented 2004 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term 87Term until terminated by either Party pursuant to Section 5.3 6.3 or 5.46.4.
5.3 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 6.4 If pursuant to Section 5.26.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and6.5 and 6.
Appears in 2 contracts
Sources: Resale Agreement, Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date of this Agreement shall be May 1, 2006.THIS SPACE INTENTIONALLY LEFT BLANK
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on date May 31, because CLEC has implemented 2003 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If AM-IN serves notice of expiration pursuant to Section 5.2 or Section 5.4, TWTC shall have fifteen (15) calendar days to provide AM-IN written confirmation if TWTC wishes to pursue a successor agreement with AM-IN or terminate its agreement. TWTC shall identify the action to be taken on each applicable (13) state(s). If TWTC wishes to pursue a successor agreement with AM-IN, TWTC will include its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with AM-IN under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of TWTC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AM-IN received TWTC’s Section 252(a)(1) request unless the date is extended by mutual agreement; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement of termination or expiration of this agreement, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), TWTC withdraws its Section 252(a)(1) request, TWTC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that TWTC does not wish to pursue a successor agreement with AM-IN for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date TWTC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following AM-IN's receipt of TWTC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If TWTC does not affirmatively state that it wishes to pursue a successor agreement with AM-IN in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the AM-IN’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date TWTC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following TWTC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, or 5.7(ii) AM- IN and TWTC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that TWTC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In SBC-13STATE, with the exception of SBC OHIO, the effective date of this Agreement (the “Effective Date”) shall be ten (10) Days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In SBC OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st Day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 7, because CLEC has implemented 2007 (i.e. ordered facilitiesthe “Term”). This Agreement shall expire if either Party provides written notice, and submitted ASRs for trunkingwithin one hundred-eighty (180) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days Days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to the provisions of this Section 5.3 or 5.44.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, Days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days Days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If SBC-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide SBC-13STATE written confirmation, within ten (10) Days, that WSP either wishes to (1) commence negotiations with SBC-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in SBC-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with SBC-13STATE, WSP shall include a written request to commence negotiations with SBC-13STATE, or adopt an agreement, under Sections 251/252 of the Act and identify which state(s) the successor agreement will cover. Upon receipt of WSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice.
4.9 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that WSP does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) Days after the date WSP serves notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) Day following SBC-13STATE's receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If WSP does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on April 28, because 2008, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 3028, 20092009 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April 3010, 20092002 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of
(i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on August 3, because CLEC has implemented 2001 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety- first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be ten (10) days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In AT&T-OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on January 31, because CLEC has implemented 2010 (i.e. ordered facilitiesthe “Term”). This Agreement shall expire if either Party provides written notice, and submitted ASRs for trunkingwithin one hundred-eighty (180) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to Section 5.3 or 5.4the provisions of this Section.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement subject to Sections 4.5 through 4.11, after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement . Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If AT&T-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide AT&T-13STATE written confirmation, within ten (10) Business Days, that WSP either wishes to (1) commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 5.5 and251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in AT&T-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with AT&T-13STATE, WSP shall include a written request to commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act and identify which state(s) the successor agreement will cover. Upon receipt of WSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AT&T-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice.
4.9 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that WSP does not wish to pursue a successor agreement with AT&T-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) days after the date WSP serves notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) day following AT&T-13STATE's receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If WSP does not affirmatively state that it wishes to pursue a successor agreement with AT&T- 13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) days after the date WSP provided or received notice of expiration or termination. Thereafter, the Parties shall have no further obligations under this Agreement except as provided in Section 4.5 above.
4.11 In the event of expiration or termination of this Agreement when there is no successor agreement between AT&T-13STATE and WSP, AT&T-13STATE and WSP shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided, WSP shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users are transitioned to another Telecommunications Carrier, if applicable.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on October 8, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30October 8, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be ten (10) days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In AT&T-OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on September 10, because CLEC has implemented 2010 (i.e. ordered facilitiesthe “Term”). This Agreement shall expire if either Party provides written notice, and submitted ASRs for trunkingwithin one hundred-eighty (180) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to Section 5.3 or 5.4the provisions of this Section.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If AT&T-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide AT&T-13STATE written confirmation, within ten (10) days, that WSP either wishes to (1) commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in AT&T-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with AT&T-13STATE, WSP shall include a written request to commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act and identify which state(s) the successor agreement will cover. Upon receipt of WSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AT&T-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice. 4.9 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that WSP does not wish to pursue a successor agreement with AT&T-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) days after the date WSP serves notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) day following AT&T-13STATE's receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on December 31, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 20092006. Absent the receipt by one Party of written notice from the other Party at least within 180 calendar one hundred and eighty (180) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of: (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date of termination of this Agreement pursuant to Sections 5.2 and 5.4.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End-Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on June 2, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30June 2, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC- 13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC- 13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on September 21, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30September 21, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on September 9, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30September 9, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 6.1 This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on March 11, because CLEC has implemented 2003 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 6.3 or 5.46.4.
5.3 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 6.4 If pursuant to Section 5.26.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and6.5 and 6.
Appears in 1 contract
Sources: Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on February 6, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30Februrary 6, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be ten (10) days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In AT&T-OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April 309, 20092009 (the “Term”). Absent the receipt by This Agreement shall expire if either Party provides written notice, within one Party of written notice from the other Party within 180 calendar hundred-eighty (180) days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to Section 5.3 or 5.4the provisions of this Section.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on 10/30/01 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i) , the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In SBC-13STATE, with the exception of SBC-OHIO, the effective date of this Agreement (the “Effective Date”) shall be ten (10) Days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In SBC-OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st Day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April 3018, 20092007 (the “Term”). Absent the receipt by This Agreement shall expire if either Party provides written notice, within one Party of written notice from the other Party within 180 calendar days hundred-eighty (180) Days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to the provisions of this Section 5.3 or 5.44.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, Days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days Days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If SBC-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide SBC-13STATE written confirmation, within ten (10) Days, that WSP either wishes to (1) commence negotiations with SBC-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in SBC-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with SBC-13STATE, WSP shall include a written request to commence negotiations with SBC-13STATE, or adopt an agreement, under Sections 251/252 of the Act and identify which state(s) the successor agreement will cover. Upon receipt of WSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice.
4.9 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that WSP does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) Days after the date WSP serves notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) Day following SBC-13STATE's receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If WSP does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on December 31, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 20092006. Absent the receipt by one Party of written notice from the other Party at least within 180 calendar one hundred and eighty (180) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of: (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date of termination of this Agreement pursuant to Sections 5.2 and 5.4.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC 's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End-Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 31, because CLEC has implemented 2001 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety- first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 12.1 This Agreement shall be and become effective on the first date that all of the following conditions precedent have been satisfied (the “Effective Date”):
(a) Each Party’s board of directors approves the execution, delivery and performance of this Agreement by each Party respectively;
(b) The Parties have entered into the supply agreements contemplated by Sections 5.3(c) and 5.3(d), in form and substance satisfactory to Commission approvalLGLS;
(c) The Parties and an independent third-party escrow agent acceptable to LGLS shall have entered into the escrow agreement contemplated by Section 5.3(e) and the Parties have entered into any other agreements or arrangements contemplated by Section 5.3(e), in form and substance satisfactory to LGLS; and
(d) [* * *]
12.2 If the Effective Date of has not occurred by January 14th, 2011, then either Party may terminate this Agreement by written notice to the other.
12.3 For the Exclusive Territory, this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement in full force and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of effect from the Effective Date, expire three years later on April 30and unless earlier terminated in accordance with the terms hereof, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after until the later of [* * *] following the first Regulatory Approval of a Product or the date of expiration of any issued patent from application [* * *]. For the Term Non-Exclusive Territory, this Agreement shall be in full force and effect on a country-by-country basis and Product-by-Product basis in each country of the Non-Exclusive Territory from the Effective Date, and unless earlier terminated in accordance with the terms hereof, shall remain in full force and effect until terminated by either Party pursuant to Section 5.3 or 5.4[* * *] following the first Regulatory Approval of a Product.
5.3 Notwithstanding any other 12.4 If a Party breaches a material provision of this Agreement, either the non-breaching Party may terminate this Agreement, as to the Product and country relating to such breach, upon forty-five (45) days’ prior written notice unless the breach is cured within the notice period, provided that if such breach requires additional time to be cured, and the breaching Party has commenced in a reasonable manner to cure such breach following receipt of such notice, then the breaching Party shall be afforded up to an additional forty-five (45) days to cure such breach..
12.5 A Party may terminate this Agreement and immediately upon written notice to the provision of any Interconnection, Resale Services, 251(c)(3other Party (i) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails becomes insolvent, or (ii) in the event of any pending or threatened bankruptcy action or any other insolvency proceeding against the other Party.
12.6 [* * *]
12.7 In the event that a Party, its Affiliates or any of their respective directors or officers, or any of its assets, properties or intellectual properties becomes or is likely to perform a material obligation become the subject of any actions, suits, claims or breaches a material term events that may adversely affect such Party’s performance of this Agreement and Agreement, the other Party fails to cure such nonperformance or breach within forty-may, at its discretion, terminate this Agreement upon forty five (45) calendar days, subject ’ prior written notice to the proviso original Party.
12.8 If LGLS does not receive Regulatory Approval for the commercial sale of a Product in the following sentenceExclusive Territory within [* * *] after NOVAVAX receives U.S. Regulatory Approval for a Seasonal Product, and after written notice thereof . Any termination of good faith discussion and trial by the Parties to resolve any issues and the Parties are unable to resolve such issues, then either party may, at its discretion, terminate this Agreement pursuant as to this Section 5.3 shall take effect immediately the Exclusive Territory, upon delivery of prior written notice to the other Party that it failed party on or after [* * *] after NOVAVAX receives U.S. Regulatory Approval for a Seasonal Product.
12.9 Notwithstanding any other provision to cure such nonperformance the contrary, in the event of expiration or termination of this Agreement due to a breach within fortyby NOVAVAX or in accordance with Section 12.5, LGLS shall have an exclusive, fully paid, perpetual, irrevocable right and license, under the NOVAVAX Proprietary Rights, to research, develop, make, have made, distribute, market, sell, offer to sell and use the Products in the Field of Use in the Exclusive Territory and a non-five (45) calendar days after written notice thereof; providedexclusive, however that if fully paid, perpetual, irrevocable right and license, under the defaulting Party initiates cure promptly after receiving notice NOVAVAX Proprietary Rights, to research, develop, make, have made, distribute, market, sell, offer to sell and use the Products in the Field of Use in the Non-Exclusive Territory.
12.10 In the event of termination of this Agreement caused by or attributable to a breach and thereafter exercises diligence to implement the curehereof by a Party, the defaulting rights and licenses granted to each Party under this Agreement and the obligations of each Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do socease.
5.4 If pursuant to Section 5.212.11 Except as expressly provided herein, the termination or expiration of this Agreement continues in full force shall not relieve any Party from its obligations arising prior to such expiration or termination.
10.1 (prosecution and effect after maintenance of patents); Section 10.3 (improvements); Article 11 (indemnification); Section 12.9 (retained rights); Section 12.13 (remedy); Article 13 (incidental and consequential damages; Article 14 (independent contractors); Section 16.2 (governing law); Section 16.5 (entire agreement); Section 16.6 (arbitration); Section 16.9 (severability); and Section 16.11 (third party beneficiaries).
12.12 Termination is not the expiration of the Term, either Party may terminate exclusive remedy under this Agreement after delivering and, whether or not termination is effected, all other rights and remedies at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 andlaw or equity will remain available.
Appears in 1 contract
Sources: License Agreement (Novavax Inc)
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on December 31, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 20092006. Absent the receipt by one Party of written notice from the other Party at least within 180 calendar one hundred and eighty (180) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, LEVEL 3 shall have ten (10) days to provide SBC-13STATE written confirmation if LEVEL 3 wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. LEVEL 3 shall identify the action to be taken on each applicable (13) state(s). If LEVEL 3 wishes to pursue a successor agreement with SBC-13STATE, LEVEL 3 shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of LEVEL 3’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of: (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date of termination of this Agreement pursuant to Sections 5.2 and 5.4.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), LEVEL 3 withdraws its Section 252(a)(1) request, LEVEL 3 must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that LEVEL 3 does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date LEVEL 3 provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of LEVEL 3's notice of withdrawal of its Section 252(a)(1) request, unless LEVEL 3 provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If LEVEL 3 does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date LEVEL 3 provided or received notice of expiration or termination. On the ninety-first (91) day following LEVEL 3 provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and LEVEL 3 shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that LEVEL 3 shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End-Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April 3010, 20092002 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 . If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 andand 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject (a) This Agreement shall become effective on the date first above written; provided, however, that with respect to Commission approvaleach Fund, the Effective Date effective date of this Agreement shall be May 1, 2006the date on which GHFS begins providing services to such Fund.
5.2 The term (b) This Agreement shall remain in effect for a period of three (3) years from the applicable effective date (i.e., the date first above written or, with respect to any Fund, the date on which GHFS begins providing services to such Fund) and shall continue in effect for successive one-year periods unless earlier terminated.
(c) This Agreement may be terminated by any party hereto for any reason upon written notice of termination delivered to the other party. Any notice of termination delivered pursuant to this Section 9(c) shall specify the date of termination, which date shall not be less than one hundred eighty days (180) days after the date of the giving of such notice. Additionally, this Agreement shall commence upon the Effective Date may be terminated by any party at any time if another party commits a material breach of its obligations under this Agreement and shall, because CLEC has implemented fails to cure such breach within thirty (i.e. ordered facilities, and submitted ASRs for trunking30) at the time days of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from served by a non-breaching party specifying in reasonable detail the other Party within 180 calendar days prior to nature of such breach. Notwithstanding the expiration of the Term to the effect that such Party does not intend to extend the Termforegoing, this Agreement shall remain in full force and effect on and after the expiration immediately terminate with respect to any Fund upon liquidation of the Term until terminated by either Party pursuant to Section 5.3 or 5.4Fund.
5.3 Notwithstanding any other provision (d) Upon termination of this Agreement, either Party may terminate other than a termination of this Agreement by the Company or any Fund resulting from GHFS’ failure to cure a breach within the applicable cure period, the Funds shall pay to GHFS: (i) if terminated within twelve (12) months of the applicable effective date, the total fees which would have been payable through the first twelve (12) months if this Agreement were not terminated, and (ii) if terminated after the provision first twelve (12) months of the applicable effective date, such compensation as may be due as of the date of such termination. In each case, the Funds shall reimburse GHFS for any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products reasonable disbursements and reasonable expenses made or incurred by GHFS and payable or reimbursable hereunder and for work done or services provided by GHFS after the termination date.
(e) Upon termination and settlement of all amounts due under this Agreement, including unpaid compensation due pursuant to Section 8 and amounts due pursuant to Section 9(d), GHFS shall, at the expense of the Fund or the Company, return to the Fund any Confidential Information provided by the Fund to GHFS pursuant to this Agreement. Notwithstanding the foregoing, at the sole discretion GHFS may retain such Confidential Information as it may be required by law to retain and/or which is automatically archived as part of the terminating PartyGHFS’ electronic back-up system, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement provided such Confidential Information is not available for general access and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, it remains subject to the proviso in the following sentence, after written notice thereof . Any termination obligations of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soconfidentiality hereunder.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Administrative Services Agreement (Equinox Frontier Heritage Fund)
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006.absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. GENERAL TERMS AND CONDITIONS-SBC-13STATE PAGE 36 OF 98 SBC-13STATE/BIRCH TELECOM OF OKLAHOMA 120799
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April 3019, 20092001 (the "TERM"). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 andand 5.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on July 29, because CLEC has implemented 2003 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of
(i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of SBC OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In SBC OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 01, because 2004 provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30May 01, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of
(i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In AT&T TEXAS, the effective date of this Agreement (the “Effective Date”) shall be ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1, 2006is deemed approved under Section 252(e)(4) of the Act.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of shall expire on three years from the Effective DateDate (the “Term”). This Agreement shall expire if either Party provides written notice, expire three years later on April 30, 2009. Absent the receipt by within one Party of written notice from the other Party within 180 calendar days hundred-eighty (180) Days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to the provisions of this Section 5.3 or 5.44.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, Days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days Days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar upon sixty (60) days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all undisputed amounts owed under this Agreement prior to the receipt of such notice of termination or the expiration of the Agreement, subject to Section 9, “Dispute Resolution"
4.6 If AT&T TEXAS serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, Carrier shall provide AT&T TEXAS written confirmation, within ten (10) Days, that Carrier either wishes to (1) commence negotiations with AT&T TEXAS, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. ▇▇▇▇▇▇▇ shall identify the action to be taken for each affected agreement identified in AT&T TEXAS’ notice.
4.7 If Carrier serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with AT&T TEXAS, Carrier shall include a written request to commence negotiations with AT&T TEXAS, or adopt an agreement, under Sections 251/252 of the Act and identify which state(s) the successor agreement will cover. Upon receipt of ▇▇▇▇▇▇▇’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the 161st day after the date on which AT&T TEXAS received Carrier’s Section 252(a)(1) request, at which time Carrier shall request an interim arrangement pursuant to 51.715 and AT&T shall continue to offer services to Carrier pursuant to the terms, conditions and rates set forth in the interim arrangement. Upon request by ▇▇▇▇▇▇▇, such interim arrangement shall be ▇▇▇▇▇▇▇’s request to enter into AT&T TEXAS’ then current interconnection agreement.
4.9 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), Carrier withdraws its Section 252(a)(1) request, Carrier must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that Carrier does not wish to pursue a successor agreement with AT&T TEXAS for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) Days after the date Carrier serves notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) Day following AT&T TEXAS' receipt of Carrier’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If Carrier does not affirmatively state that it wishes to pursue a successor agreement with AT&T TEXAS as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 6.1 This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on January 10, because CLEC has implemented 2002 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 6.3 or 5.46.4.
5.3 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 6.4 If pursuant to Section 5.26.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and6.5 and 6.
Appears in 1 contract
Sources: Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 10.1 The Effective Date of this Agreement shall be May 1, 2006the latest of the dates shown by the signatures below.
5.2 The term 10.2 This Agreement will remain in effect for three (3) years from the Effective Date above unless terminated pursuant to this Section 10 or Section 6.1. This Agreement will automatically renew for successive one-year terms unless (i) Licensee provides notice of termination to Licensor at least 60 days before the end of the then-current term; (ii) Licensor provides notice of termination to Licensee at least 180 days before the end of the then-current term; or (iii) Licensee fails to make total royalty payments in the amount of *** by the end of the then-current term.
10.3 If a party materially breaches a material provision of this Agreement, the other party may terminate this Agreement shall commence upon 30 days’ notice (or 10 days’ notice in the case of nonpayment) unless the breach is cured within the notice period.
10.4 If Licensee fails to launch a Product within 18 months of the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermAgreement, this Agreement shall remain automatically thereupon terminate. *** Confidential treatment requested
10.5 In the event Licensee, in full force and effect on and after its reasonable discretion, determines that the expiration controlled study referenced in Section 6.1 does not validate the benefits of the Term until terminated by either Party pursuant Technology, Licensee shall have the right to Section 5.3 or 5.4terminate this Agreement upon thirty (30) days’ notice to Licensor.
5.3 Notwithstanding 10.6 In the event of any other provision termination of this Agreement, either Party may terminate all the rights and licenses granted Licensee under this Agreement shall terminate and the provision of any InterconnectionLicensor’s obligations to provide goods, Resale Services, 251(c)(3) Unbundled Network Elements, functionsservices, facilities, products technology or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the information shall cease but all other Party fails to perform a material obligation or breaches a material term provisions of this Agreement and will continue in accordance with their terms.
10.7 Neither party shall incur any liability whatsoever for any damage, loss or expenses of any kind suffered or incurred by the other Party fails arising from or incident to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to (or any part thereof) by such party which complies with the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice terms of the breach and thereafter exercises diligence to implement the cureAgreement whether or not such party is aware of any such damage, the defaulting Party shall be given a reasonable period of additional time to cure such breach loss or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soexpenses.
5.4 If pursuant to Section 5.2, 10.8 Termination is not the sole remedy under this Agreement continues in full force and effect after the expiration of the Termand, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the whether or not termination is effected, all other Party of its intention to terminate this Agreement, subject to Sections 5.5 andremedies will remain available.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 6.1 This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on December 18, because CLEC has implemented 2001 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 6.3 or 5.46.4.
5.3 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 6.4 If pursuant to Section 5.26.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and6.5 and 6.
Appears in 1 contract
Sources: Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 6.1 This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on September 02, because CLEC has implemented 2002 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 6.3 or 5.46.4.
5.3 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 6.4 If pursuant to Section 5.26.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and6.5 and 6.
Appears in 1 contract
Sources: Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 31, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30May 31, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on 1yr plus 90 days (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network ElementsElement s, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-forty- five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-forty- five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party’s confidentiality obligations shall survive; and
5.5.4 Each Party’s indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true- up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and cond itions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE’s receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wis hes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety- first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on March 28, because CLEC has implemented 2002 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of
(i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on March 01, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30March 01, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 andand 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In AT&T-13STATE, with the exception of AT&T-OHIO, the effective date of this Agreement (the “Effective Date”) shall be ten (10) days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In AT&T-OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on February 9, because CLEC has implemented 2011 (i.e. ordered facilitiesthe “Term”). This Agreement shall expire if either Party provides written notice, and submitted ASRs for trunkingwithin one hundred-eighty (180) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to Section 5.3 or 5.4the provisions of this Section.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 35, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If AT&T-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide AT&T-13STATE written confirmation, within ten (10) days, that WSP either wishes to (1) commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in AT&T-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with AT&T-13STATE, WSP shall include a written request to commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act and identify which state(s) the successor agreement will cover. Upon receipt of WSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AT&T-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice.
4.9 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that WSP does not wish to pursue a successor agreement with AT&T-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) days after the date WSP serves notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) day following AT&T-13STATE’s receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If WSP does not affirmatively state that it wishes to pursue a successor agreement with AT&T- 13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) days after the date WSP provided or received notice of expiration or termination. Thereafter, the Parties shall have no further obligations under this Agreement except as provided in Section 4.5 above.
4.11 In the event of expiration or termination of this Agreement when there is no successor agreement between AT&T-13STATE and WSP, AT&T-13STATE and WSP shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided, WSP shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users are transitioned to another Telecommunications Carrier, if applicable.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on December 14, because 2007, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30December 13, 20092008 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on date = 1yr plus 90 days (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on June 17, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30June 17, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval6.1 In SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on March 15, because CLEC has implemented 2004 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term 87Term until terminated by either Party pursuant to Section 5.3 6.3 or 5.46.4.
5.3 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 6.4 If pursuant to Section 5.26.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and6.5 and 6.
Appears in 1 contract
Sources: Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on June 10, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30June 10, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 7.1 The Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on September 20, because 2007, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30September 20, 20092008 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party’s indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection and Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date of this 22.1 This Agreement shall be May 1, 2006effective ten (10) days after approval by the PUC of Nevada when it has determined that the Agreement complies with Sections 251 and 252 of the Act (“Effective Date”).
5.2 22.2 The initial term of this Agreement shall commence upon the Effective Date of this Agreement and shallexpire on October 25, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 20092000. Absent the receipt by one Party of written notice from the other Party within 180 calendar at least sixty (60) days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermTerm of this Agreement, this Agreement shall automatically renew and remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.422.3, below.
5.3 Notwithstanding any other provision of this Agreement, either 22.3 Either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term that disrupts the operation of this Agreement either Party’s network and/or End User service and the other Party fails to cure such material nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 22.4 If pursuant to Section 5.222.2, above, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement ninety (90) days after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 Section 22.5, below. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 22.4 other than its obligations under Section 22.5, below.
22.5 Upon termination or expiration of this Agreement in accordance with this Section 22, above:
(a) each Party shall comply immediately with its obligations set forth in Section 30.6, below; and
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; and
(c) each Party 's indemnification obligations shall survive.
22.6 If upon expiration or termination the Parties are negotiating a successor agreement, during such period each Party shall continue to perform its obligations and provide the services described herein that are to be included in the successor agreement until such time as the latter agreement becomes effective; provided however, that if the Parties are unable to reach agreement within six (6) months after termination or expiration of this Agreement, either Party has the right to submit this matter to the Commission for resolution. Until a survivor agreement is reached or the Commission resolves the matter, whichever is sooner, the terms, conditions, rates, and charges stated herein will continue to apply, subject to a true-up based on the Commission action, if any.
22.7 No remedy set forth in this Agreement is intended to be exclusive and each and every remedy shall be cumulative and in addition to any other rights or remedies now or hereafter existing under applicable law or otherwise.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of SBC OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In SBC OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on July 16, because 2004 provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30July 16, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of
(i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of SBC OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In SBC OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on July 15, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30July 15, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval8.1 This Agreement becomes effective on signing by both parties.
8.2 This Agreement has a fixed term until December 31st 2008. During this term neither party may terminate the Agreement without good cause. The agreement may be terminated without good cause for the first time with effect on January 1st 2009 with a 3 months notice and in writing. Should the agreement not be terminated, it is automatically extended by one further year. In all subsequent years, the Effective Date notice period is 3 months to December 31st of the current year.
8.3 The right to termination for good cause remains unaffected. Good cause shall be deemed to exist in particular if
a) insolvency, composition or bankruptcy proceedings have been initiated against one of the Parties or the initiation of such proceedings has been refused due to lack of funds sufficient to cover the costs thereof;
b) a third party acquires direct or indirect control over one of the Parties and such acquisition adversely affects the interests of the other Party;
c) IBC ceases to make payments or is in default with payment obligations under this Agreement for more than 60 days despite a written reminder from ▇▇▇▇▇ and the appointment of an appropriate time limit as stated in 6.5.;
d) one of the Parties transfers rights and/or obligations under this Agreement to third parties without the prior written consent of the other Party in violation of Clause 13;
e) the Products do not fulfil the agreed specification which is proved by a reputable institute shown in 5.5. despite a written reminder from IBC and the appointment of an appropriate time limit;
f) ▇▇▇▇▇ doesn’t fulfil the warranty-obligations of this Agreement despite a written reminder from IBC and the appointment of an appropriate time limit;
g) ▇▇▇▇▇ ▇▇▇▇▇ without a written approval from IBC Products directly to final users or installers (except for end-user or installer with a demand of above 3MWp/Year) or to customers for which IBC has explicit asked ▇▇▇▇▇ for a customer-protection under condition in 5.11.
8.4 Any termination shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior deemed to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain have been duly given only if made in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Partywriting, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement English language and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject if delivered to the proviso following addresses: If to ▇▇▇▇▇, to: Changzhou ▇▇▇▇▇ Solar Energy Co., Ltd, No. 2 ▇▇▇ ▇▇▇▇ Yi Road, Electronics Park, New District, Changzhou, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ if to IBC to: ▇▇▇-▇▇▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇; and if made in the following sentencemanner: (i) hand delivery against a receipt signed and dated by the addressee, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance (ii) registered mail with return receipt requested, or breach within forty-five (45iii) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do socourier.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Supply Contract and Distribution Agreement (Trina Solar LTD)
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date of this 21.1 This Agreement shall be May effective not later than ten (10) days after approval by the Oklahoma Commission when it has determined that the Agreement complies with Sections 251 and 252 of the Act ("Effective Date").
21.2 The terms of the Agreement will commence upon approval by the Oklahoma Corporation Commission and will expire on August 1, 2006.
5.2 The term of this Agreement shall commence upon 2000 (the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009"Term"). Absent the receipt by one Party of written notice from the other Party within 180 calendar at least sixty (60) days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermTerm of this Agreement, this Agreement shall automatically renew and remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.421.4.
5.3 Notwithstanding any other provision of this Agreement, either 21.3 Either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term that disrupts the operation of this Agreement either Party's network and/or end user service and the other Party fails to cure such material nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 21.4 If pursuant to Section 5.2, 21.2 this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement one hundred eighty (180) days after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 Section 21.5. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 21.4 other than its obligations under Section 21.5.
21.5 Upon termination or expiration of this Agreement in accordance with this Section 21.0:
(a) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; and
(b) each Party 's indemnification obligations shall survive. Upon expiration or termination the Parties will negotiate a successor agreement; during such period, each Party shall continue to perform its obligations and provide the services described herein that are to be included in the successor agreement until such time as the latter agreement becomes effective; provided however, that if the Parties are unable to reach agreement within six (6) months after termination or expiration of this Agreement, either Party has the right to submit this matter to the Commission for resolution. Until a survivor agreement is reached or the Commission resolves the matter, whichever is sooner, the terms, conditions, rates, and charges stated herein will continue to apply, subject to a true-up based on the Commission action, if any.
21.6 Except as specifically set forth in this Agreement, no remedy set forth herein is intended to be exclusive and each and every remedy shall be cumulative and in addition to any other rights or remedies now or hereafter existing under applicable law or otherwise.
Appears in 1 contract
Sources: Interconnection Agreement (Fullnet Communications Inc)
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on July 6, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30July 6, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3, 5.4 or 23.2:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the The “Effective Date Date” of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on two years plus 90 days (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network ElementsService, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 through 5.9. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with this Section 5:
5.5.1 Each Party shall continue to comply with its obligations set forth in Sections 14, 16 and 29; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement and, if applicable, place any Disputed Amounts into an escrow account that complies with Section 8.4.5 hereof.
5.6 If either Party serves notice of expiration or termination pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS or instead affirmatively state that CLEC does not wish to pursue a successor agreement with SBC ILLINOIS for a given state and allow its relationship with SBC ILLINOIS to terminate co-terminus with this Agreement. CLEC shall identify the action to be taken. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 If CLEC does issue its Section 252(a)(1) request pursuant to Section 5.6, the rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act and (ii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request.
5.8 If CLEC withdraws its Section 252(a)(1) request prior to or after the expiration date or termination date of this Agreement, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC ILLINOIS. If CLEC withdraws its Section 252(a)(1) request prior to the expiration of the Term, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term, and 2) the date that is ninety one (91) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If CLEC withdraws its Section 252(a)(1) request after the expiration of the Term then the terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the ninety-first (91st) calendar day following SBC ILLINOIS's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request and (ii) the effective date of the successor agreement that is adopted by CLEC under Section 252(i) of the Act. 5.6 after receipt of the SBC-owned ILEC’s notice of expiration or termination pursuant to Section 5.2, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the expiration of the Term. If the Term has expired when CLEC receives notice of termination from SBC ILLINOIS pursuant to Section 5.4 and CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS as described in Section 5.6, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the date that is ninety-one (91) days after CLEC received notice of termination from SBC ILLINOIS under Section 5.4.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 22.1 This Agreement shall be effective ten (10) days after approval by the Commission approval, when it has determined that the Agreement complies with Sections 251 and 252 of the Act ("Effective Date Date").
22.2 The initial term of this Agreement shall be May one (1, 2006.
5.2 The term of this Agreement ) year (the "Term") which shall commence upon on the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009Execution. Absent the receipt by one Party of written notice from the other Party within 180 calendar at least sixty (60) days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermTerm of this Agreement, this Agreement shall automatically renew and remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.422.3, below.
5.3 Notwithstanding any other provision of this Agreement, either 22.3 Either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term that disrupts the operation of this Agreement either Party's network and/or end user service and the other Party fails to cure such material nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 22.4 If pursuant to Section 5.222.2, above, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement ninety (90) days after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 Section 22.5, below. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 22.4 other than its obligations under Section 22.5, below.
22.5 Upon termination or expiration of this Agreement in accordance with this Section 22.0, above:
(a) each-Party shall comply immediately with its obligations set forth in Section 30.6, below; and
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; and
(c) each Party 's indemnification obligations shall survive.
22.6 If upon expiration or termination, the Parties are negotiating a successor agreement; during such period, each Party shall continue to perform its obligations and provide the services described herein that are to be included in the successor agreement until such time as the latter agreement becomes effective; provided however, that if the Parties are unable to reach agreement within six (6) months after termination or expiration of this Agreement, either Party has the right to submit this matter to the Commission for resolution. Until a survivor agreement is reached or the Commission resolves the matter, whichever is sooner, the terms, conditions, rates, and charges stated herein will continue to apply, subject to a true-up based on the Commission action, if any.
22.7 Except as set forth in Section 28.5, below, no remedy set forth in this Agreement is intended to be exclusive and each and every remedy shall be cumulative and in addition to any other rights or remedies now or hereafter existing under applicable law or otherwise.
Appears in 1 contract
Sources: Exhibit (Dti Holdings Inc)
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 31, because CLEC has implemented 2003 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC- 13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 20.1 This Agreement shall be effective (“Effective Date”) upon approval by the Commission under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1, 2006is deemed approved under Section 252(e)(4) of the Act.
5.2 20.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire May 28, because CLEC has implemented 2004 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within at least 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermTerm of this Agreement, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 20.3 or 5.420.5, below.
5.3 Notwithstanding 20.3 Except as specifically otherwise provided in Appendix Structured Access, White Pages, Resale and UNE and notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, Party in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such material nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 20.3, and pursuant to Section 44 Billing and Payment of Charges, shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided. Provided, however however, that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party nothing contained in this paragraph shall be given deemed to prevent either Party from seeking relief of any kind, including but not limited to a reasonable period restraining order or injunctive relief, from any court or regulatory agency to prevent any termination of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days this Agreement, notwithstanding the defaulting Party’s good faith efforts to do sodispute resolution provisions of Section 46 of this Agreement.
5.4 20.4 If pursuant to Section 5.220.2, above, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement ninety (90) days after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Section 20.5 and 20.6, below. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 20.4 other than its obligations under Section 20.5 and 20.6, below. Page 40 of 562 GENERAL TERMS AND CONDITIONS Page 36 of 93 NEVADA/MCIMETRO ACCESS TRANSMISSION SERVICES LLC
20.5 Upon termination or expiration of this Agreement in accordance with this Section 20.2, 20.3 or 20.4, above:
(a) each Party shall continue to comply with its obligations set forth in Section 54, below; and
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; or place any Disputed Amounts into an escrow account that complies with Section 44.4 hereof; and
(c) Each Party's confidentiality obligations shall survive; and
(d) each Party 's indemnification obligations shall survive.
20.6 If either Party serves notice of expiration pursuant to Section 20.2 or Section 20.4, CLEC shall have twenty (20) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 5.5 and251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
20.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; unless negotiations are in progress or arbitration has been demanded provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement. In the event a successor agreement is not established via negotiation or arbitration ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request, the parties agree to continue to operate under the non-monetary terms and conditions of this Agreement until such successor agreement is established; provided, however, that the rates and charges of such successor agreement shall apply retroactively back Page 41 of 562 GENERAL TERMS AND CONDITIONS to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
20.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 20.5 of this Agreement.
20.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 20.5 of this Agreement.
20.10 In the event of termination of this Agreement pursuant to Section 20.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on June 16, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30June 16, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of SBC OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In SBC OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing. Each Party agrees to cooperate with the other and to promptly seek such Commission approval following the execution of this Agreement.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on March 7, because CLEC has implemented 2008 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided. Except as otherwise provided in this Agreement, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cureif, the defaulting Party shall be given a reasonable period of additional time to cure within such breach or default if the default cannot be cured within forty-five calendar days notwithstanding (45) day period, a Party disputes the defaulting Party’s good faith efforts to do sonotice of termination, and the issue has not already been address through dispute resolution, then termination will not take effect unless and until such dispute is resolved in accordance with Section 10 herein.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 If a Section 252(a)(1) request is provided in accordance with Section 5.6, the rates, terms and conditions of this Agreement shall continue in full force and effect until the effective date of a successor agreement established (i) by negotiation or pursuant to Section 252(i) of the Act within 160 days of SBC- 13STATE’s receipt of the Section 252(a)(1) request (if no arbitration petition is filed within such timeframe in accordance with Section 252 of the Act); (ii) by negotiation or pursuant to Section 252(i) of the Act in the course of an arbitration proceeding to establish the successor agreement in accordance with Section 252 of the Act; or (iii) by arbitration in accordance with Section 252 of the Act.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the The “Effective Date Date” of this Agreement shall be May 1as follows: For Illinois, 2006Indiana, Michigan, Missouri, and Texas: This Agreement shall be filed with and is subject to approval by the applicable state Commission and shall become effective ten (10) days following approval by such Commission. For Ohio: Based on the Public Utilities Commission of Ohio Rules, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st day after filing. For California: Pursuant to Resolution ALJ 257, this filing will become effective, absent rejection of the Advice Letter by the Commission, upon thirty (30) days after the filing date of the Advice Letter to which this Agreement is appended. For Wisconsin: Pursuant to Wisconsin Statute § 196.40, this Agreement shall become effective ten (10) days after the mailing date of the final order approving this Agreement.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilitiesas provided in Section 5.1 hereof, and submitted ASRs for trunking) at shall expire on October 21, 2019 (the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network ElementsService, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.take
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 through 5.9. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with this Section 5:
5.5.1 Each Party shall continue to comply with its obligations set forth in Sections 14, 16 and 29; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement and, if applicable, place any Disputed Amounts into an escrow account that complies with Section 8.4.5 hereof
5.6 If at any time within one hundred and eighty (180) days before the expiration of the term either party serves a notice of expiration, or at any time after expiration of the term, either Party serves a notice of termination pursuant to Section 5.4, CLEC shall have ten (10) calendar days to provide AT&T-21STATE written confirmation if CLEC wishes to pursue a successor agreement with AT&T-21STATE or instead affirmatively state that CLEC does not wish to pursue a successor agreement with AT&T-21STATE for a given state and allow its relationship with AT&T-21STATE to terminate co-terminus with this Agreement. CLEC shall identify the action to be taken in each of the applicable state(s). If CLEC wishes to pursue a successor agreement with AT&T-21STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with AT&T- 21STATE under Sections 251/252 of the Act and identify each of the state(s) to which the successor agreement will apply. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 If CLEC does issue its Section 252(a)(1) request pursuant to Section 5.6, the rates, terms and conditions of this Agreement shall continue in full force and effect until the effective date of its successor agreement.
5.8 If CLEC withdraws its Section 252(a)(1) request prior to or after the expiration date or termination date of this Agreement, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with AT&T-21STATE. If CLEC withdraws its Section 252(a)(1) request prior to the expiration of the Term, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term, and 2) the date that is ninety one (91) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If CLEC withdraws its Section 252(a)(1) request after the expiration of the Term then the terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the ninety-first (91st) calendar day following AT&T-21STATE’s receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request and (ii) the effective date of the successor agreement that is adopted by CLEC under Section 252(i) of the Act.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with AT&T-21STATE in its, as applicable, notice of expiration or termination or the written confirmation described in Section 5.6 after receipt of the AT&T-owned ILEC’s notice of expiration or termination pursuant to Section 5.2, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the expiration of the Term. If the Term has expired when CLEC receives notice of termination from AT&T-21STATE pursuant to Section 5.4 and CLEC does not affirmatively state that it wishes to pursue a successor agreement with AT&T-21STATE as described in Section 5.6, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the date that is ninety-one (91) days after CLEC received notice of termination from AT&T-21STATE under Section 5.4. 5.10 In the event of termination of this Agreement pursuant to Section 5.9, AT&T-21STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Wholesale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on November 26, because CLEC has implemented 2001 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-ILEC written confirmation if CLEC wishes to pursue a successor agreement with SBC-ILEC or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-ILEC, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-ILEC under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC- ILEC received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-ILEC for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-ILEC's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-ILEC notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-ILEC in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC-ILEC and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire three (i.e. ordered facilities, and submitted ASRs for trunking3) at the time of years after the Effective Date, expire three years later on April 30, 2009Date (the “Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar one hundred and eighty (180) days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, LEVEL 3 shall have ten (10) days to provide SBC-13STATE written confirmation if LEVEL 3 wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. LEVEL 3 shall identify the action to be taken on each applicable (13) state(s). If LEVEL 3 wishes to pursue a successor agreement with SBC-13STATE, LEVEL 3 shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of LEVEL 3’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of: (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date of termination of this Agreement pursuant to Sections 5.2 and 5.4.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), LEVEL 3 withdraws its Section 252(a)(1) request, LEVEL 3 must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that LEVEL 3 does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date LEVEL 3 provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of LEVEL 3's notice of withdrawal of its Section 252(a)(1) request, unless LEVEL 3 provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If LEVEL 3 does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date LEVEL 3 provided or received notice of expiration or termination. On the ninety-first (91) day following LEVEL 3 provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and LEVEL 3 shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that LEVEL 3 shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End-Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 1, because CLEC has implemented 2002 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 . If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 andand 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In SBC-13STATE, with the exception of SBC-OHIO, the effective date of this Agreement (the “Effective Date”) shall be upon Commission approval of this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In SBC-OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st Day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on October 26, because CLEC has implemented 2006 (i.e. ordered facilitiesthe “Term”). This Agreement shall expire if either Party provides written notice, and submitted ASRs for trunkingwithin one hundred-eighty (180) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days Days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to the provisions of this Section 5.3 or 5.4.4. Page 21 of 88
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, Days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days Days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar upon sixty (60) days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all undisputed amounts owed under this Agreement prior to the receipt of such notice of termination or the expiration of the Agreement, subject to Section 6, “Dispute Resolution"
4.6 If SBC-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, ALLTEL shall provide SBC-13STATE written confirmation, within ten (10) Days, that ALLTEL either wishes to (1) commence negotiations with SBC-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. ALLTEL shall identify the action to be taken for each affected agreement identified in SBC-13STATE’s notice.
4.7 If ALLTEL serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with SBC-13STATE, ALLTEL shall include a written request to commence negotiations with SBC-13STATE, or adopt an agreement, under Sections 251/252 of the Act and identify which state(s) the successor agreement will cover. Upon receipt of ALLTEL’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the 161st day after the date on which SBC-13STATE received ALLTEL’s Section 252(a)(1) request, at which time ALLTEL shall request an interim arrangement pursuant to 51.715 and SBC shall continue to offer services to ALLTEL pursuant to the terms, conditions and rates set forth in the interim arrangement. Upon request by ALLTEL, such interim arrangement shall be ALLTEL’s request to enter into SBC-13STATE’s then current interconnection agreement.
4.9 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), ALLTEL withdraws its Section 252(a)(1) request, ALLTEL must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that ALLTEL does not wish to pursue a successor agreement with SBC- 13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) Days after the date ALLTEL serves notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) Day following SBC- 13STATE's receipt of ALLTEL’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement. Page 22 of 88
4.10 If ALLTEL does not affirmatively state that it wishes to pursue a successor agreement with SBC- 13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) Days after the date ALLTEL provided or received notice of expiration or termination. Thereafter, the Parties shall have no further obligations under this Agreement except as provided in Section 4.5 above.
4.11 For any Interconnection arrangements covered by this Agreement that may already be in place, the Parties agree that, once this Agreement is deemed effective, the rates contained in Attachment I shall be applied to those arrangements. To the extent that a Party is not able to bill the new rates for the pre- existing Interconnection arrangements on the Effective date, the parties agree that, once billing is possible, the rate will be applied to the pre-existing Interconnection arrangements retroactively to the Effective date of this Agreement.
4.12 The Parties agree to continue uninterrupted service under this agreement during negotiations of a subsequent agreement. This agreement will continue in effect until the subsequent agreement becomes effective, subject to Section 4.3.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on 1yr plus 90 days (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i) , the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on 10/30/01 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 . If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 andand 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 6.1 This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on August 16, because CLEC has implemented 2001 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 6.3 or 5.46.4.
5.3 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 6.4 If pursuant to Section 5.26.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and6.5 and 6.
Appears in 1 contract
Sources: Resale Agreement
Effective Date Term and Termination. 5.1 Subject to 4.1 In SBC-13STATE, with the exception of SBC-OHIO, the effective date of this Agreement (the “Effective Date”) shall be ten (10) Days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the Effective Date of date this Agreement shall be May 1is deemed approved under Section 252(e)(4) of the Act. In SBC-OHIO, 2006based on PUC-OH rule, the Agreement is effective upon filing and is deemed approved by operation of law on the 91st Day after filing.
5.2 4.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on January 31, because CLEC has implemented 2006 (i.e. ordered facilitiesthe “Term”). This Agreement shall expire if either Party provides written notice, and submitted ASRs for trunkingwithin one hundred-eighty (180) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days Days prior to the expiration of the Term Term, to the other Party to the effect that such Party does not intend to extend the Term. Absent the receipt by one Party of such written notice, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant Term, subject to the provisions of this Section 5.3 or 5.44.
5.3 4.3 Notwithstanding any other provision of this Agreement, either Party (at its sole discretion) may terminate this Agreement Agreement, and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating PartyInterconnection and services, in the event that the other Party (1) fails to perform a material obligation or breaches a material term of this Agreement and the other Party (2) fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, Days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to Should the other nonperforming or breaching Party that it failed fail to cure such nonperformance or breach within forty-five (45) calendar days Days after such written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curenotice, the defaulting noticing Party shall be given may thereafter terminate this Agreement immediately upon delivery of a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sowritten termination notice.
5.4 4.4 If pursuant to Section 5.24.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 4.5 and 4.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 4.4 other than its obligations under Sections 4.5 and 4.6.
4.5 Upon termination or expiration of this Agreement in accordance with Sections 4.2, 4.3 or 4.4:
4.5.1 Each Party shall continue to comply with its obligations set forth in Section 36, “Survival of Obligations”; and
4.5.2 Each Party shall promptly pay all amounts owed under this Agreement, subject to Section 6, “Dispute Resolution”.
4.6 If SBC-13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide SBC-13STATE written confirmation, within ten (10) Days, that WSP either wishes to (1) commence negotiations with SBC-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in SBC-13STATE’s notice.
4.7 If WSP serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, and also wishes to pursue a successor agreement with SBC-13STATE, WSP shall include a written request to commence negotiations with SBC-13STATE, or adopt an agreement, under Sections 251/252 of the Act and identify which state(s) the successor agreement will cover. Upon receipt of WSP’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
4.8 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received WSP’s Section 252(a)(1) request, at which time the Agreement shall terminate without further notice.
4.9 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), WSP withdraws its Section 252(a)(1) request, WSP must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that WSP does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) Days after the date WSP serves notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) Day following SBC-13STATE's receipt of WSP’s notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 4.5 of this Agreement.
4.10 If WSP does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE as provided in Section 4.6 or Section 4.7 above, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the The Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire two (i.e. ordered facilities, and submitted ASRs for trunking2) at the time of years from the Effective Date, expire three years later on April 30, 2009Date (the “Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreemen t pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set for th in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, SCC shall have ten (10) days to provide SBC-13STATE written confirmation if SCC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. SCC shall identify the action to be taken on each applicable (13) state(s). If SCC wishes to pursue a successor agreement with SBC-13STATE, SCC shall attach to its written confirmation or no ▇▇▇▇ of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of SCC’s Section 252(a)(1) requ est, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received SCC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro -active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), SCC withdraws its Section 252(a)(1) request, SCC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that SCC does not wish to pursue a successor agreement with SBC- 13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date SCC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of SCC's notice of withdrawal of its Section 252(a)(1) request, unless SCC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If SCC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC-13STATE’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date SCC provided or received notice of expiration or termination. On the ninety -first (91) day following SCC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and SCC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that SCC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its Telematics Customers and 911 Call Routing Customers, as those terms are defined in Appendix 911, have been transitioned to a new provider by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 31, because CLEC has implemented 2003 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 andto
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April 30, 2009from the date (the “Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, Baraga shall have ten (10) days to provide AM-MI written confirmation if Baraga wishes to pursue a successor agreement with AM-MI or terminate its agreement. Baraga shall identify the action to be taken on each applicable (13) state(s). If Baraga wishes to pursue a successor agreement with AM-MI, Baraga shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with AM-MI under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of Baraga Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AM-MI received Baraga Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), Baraga withdraws its Section 252(a)(1) request, Baraga must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that Baraga does not wish to pursue a successor agreement with AM-MI for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date Baraga provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following AM-MI receipt of Baraga notice of withdrawal of its Section 252(a)(1) request, unless Baraga provided AM-MI notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If Baraga does not affirmatively state that it wishes to pursue a successor agreement with AM-MI in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of AM-MI’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date Baraga provided or received notice of expiration or termination. On the ninety-first (91) day following Baraga provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, AM-MI and Baraga shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that Baraga shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 13.1 This Restated Agreement is intended to Commission approval, be effective retroactively to the Effective Date of this Agreement and will continue in force as follows:
(a) The license granted by MacroMed to Genex under Section 2 above shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the continue until expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration last of the Term until Licensed Patents to expire; and
(b) Genex’s rights to royalties and other payments under Section 3 above shall continue for so long as MacroMed derives any revenue from the Product, paid according to Section 3.
(c) MacroMed’s rights to royalties and other payments under Section 3 above shall continue for so long as Genex derives any revenue from the Product, paid according to Section 3.
13.2 This Restated Agreement may be terminated by either Party pursuant written mutual agreement of the Parties, or unilaterally due to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision material breach of this Restated Agreement; provided, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, that in the event that the other Party fails to perform case of a material obligation or breaches breach, the Party which claims a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after must submit written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice notification to the other Party which shall have sixty (60) days to remedy the breach. However, if the breach is a failure to pay a monetary sum owed under this Restated Agreement, then the 60 days will be shortened to ten (10) days. In addition, if the breach is a non-monetary breach and is of such a nature that it failed the breaching Party reasonably needs more than sixty (60) days to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the curebreach, the defaulting breaching Party shall will be given a reasonable reasonable, extended period of additional time in which to cure such the breach or default if provided the default cannot be cured within forty-five calendar days notwithstanding breaching Party is working diligently to cure the defaulting Party’s good faith efforts to do sobreach.
5.4 If 13.3 Termination shall not relieve either Party of any of its obligations, monetary or otherwise, pursuant to Section 5.2this Restated Agreement which have accrued prior to the termination of this Restated Agreement.
13.4 Upon termination of this Restated Agreement, this Agreement continues in full force all obligations and effect after the expiration rights of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice Parties other than obligations that have accrued prior to the other Party termination of its intention to terminate this Restated Agreement, subject to shall terminate forthwith, except as otherwise provided in various provisions of this Restated Agreement. Sections 5.5 and1, 10, 11, 12, 13.3, 13.4 and 14 shall survive termination of this Restated Agreement.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on April 22, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 3022, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections
7.5 and 7.6.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on September 24, because CLEC has implemented 2001 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i) , the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 6.1 This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 6.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on June 10, because CLEC has implemented 2003 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 6.3 or 5.46.4.
5.3 6.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 6.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 6.4 If pursuant to Section 5.26.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and6.5 and 6.
Appears in 1 contract
Sources: Resale Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approvalIn SBC-13STATE, with the exception of AM-OH, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AM-OH, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on March 16, because 2004, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30March 16, 20092005 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 andand 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on July 30, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April July 30, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to 22.1 This Agreement shall be effective ten (10) days after approval by the Kansas Commission approval, when it has determined that the Agreement complies with Sections 251 and 252 of the Act ("Effective Date Date").
22.2 The initial term of this Agreement shall be May one (1, 2006.
5.2 The term of this Agreement ) year (the "Term") which shall commence upon on the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009Execution. Absent the receipt by one Party of written notice from the other Party within 180 calendar at least sixty (60) days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermTerm of this Agreement, this Agreement shall automatically renew and remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.422.3, below.
5.3 Notwithstanding any other provision of this Agreement, either 22.3 Either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term that disrupts the operation of this Agreement either Party's network and/or end user service and the other Party fails to cure such material nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination The Party receiving notice of such violation may invoke the Dispute Resolution procedures of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure and such nonperformance or breach within forty-five (45) calendar days after written notice thereof; providedday period shall not begin to run until the Dispute Resolution procedures are completed, however provided however, that if in the defaulting event the Party initiates cure promptly after receiving giving notice of the breach and thereafter exercises diligence violation reasonably believes the alleged violation of the Agreement is causing imminent network harm or significantly interfering with the Party's ability to implement the cureserve its customers, the defaulting Party shall be given a reasonable period of additional time may discontinue or refuse to cure such breach or default if provide service as provided for in Section 21.4 but either Party may thereafter invoke the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soDispute Resolution procedures.
5.4 22.4 If pursuant to Section 5.222.2, above, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement ninety (90) days after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Section 22.5, below. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 22.4 other than its obligations under Section 22.5, below.
22.5 Upon termination or expiration of this Agreement in accordance with this Section 22.0, above:
(a) each Party shall comply immediately with its obligations set forth in Section 30.6.2, below; and
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement; and
(c) each Party 's indemnification obligations shall survive. GENERAL TERMS AND CONDITIONS - KS PAGE 32 OF 50 SWBT/BIRCH TELECOM OF KANSAS, INC. 100198
22.6 In the event the Agreement would otherwise terminate (other than by being superseded by a new agreement between the Parties), CLEC may elect to continue to operate under the terms and conditions of the Agreement (or upon such other terms and conditions as the Parties may agree) during a holdover period as herein described ("Holdover Period") provided CLEC complies with the steps detailed herein. Within ten (10) days of receiving notice of termination from SWBT, CLEC shall send a request for negotiations for a new agreement under Sections 5.5 and251 and 252 of the Communications Act. CLEC may then operate under the terms of this Agreement until the Parties reach agreement or have completed the processes provided for in Section 252 of the Communications Act provided that if the Parties have not reached agreement, CLEC must seek arbitration at the earliest time permitted under Section 252. In any event, SWBT may not terminate this Agreement while any agreement between the Parties that would supersede this Agreement is pending approval at the Commission.
22.7 No remedy set forth in this Agreement is intended to be exclusive and each and every remedy shall be cumulative and in addition to any other rights or remedies now or hereafter existing under applicable law or otherwise.
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Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on May 31, because CLEC has implemented 2003 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety-first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement. In the event of termination of this Agreement pursuant to Section 5.9, SBC-13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
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Sources: Interconnection Agreement