Common use of Interim Rates Clause in Contracts

Interim Rates. Through March 31, 2001, the rates in Section 1 are interim and refundable and subject to true-up at the conclusion of the forthcoming ACS-GCI Anchorage arbitration (U-96-89). Pursuant to such “truing up” process, refunds will be made from ACS to AFS or vice versa, as appropriate. If, however, new loop prices are not approved by the RCA in U-96-89 before March 31, 2001, AFS rates for wire loops will be no more than the loop rates charged to GCI.3 Such post-March 31, 2001 rates are also interim, but not refundable, and not subject to the true- up process. Thus, it is the Parties’ express agreement that the interim prices listed in Part C – Attachment 1, Section 1 will be replaced by the prices to be established between ACS and GCI for the Anchorage market in U-96-89. The Parties recognize that the RCA has ordered a proceeding in that docket to establish new interconnection prices, and to replace the prices formerly approved therein by the APUC on January 14, 1997. The Parties expressly agree that, upon the date the Commission makes effective such new prices in Docket U-96-89, those prices shall automatically replace the interim prices now set forth herein. 4 The Parties further agree that if the prices to be established in U-96-89 are subsequently modified, through the course of any appeal or challenge, or by subsequent action of the RCA or FCC, that the prices incorporated from that docket into this Agreement at Part C – Attachment 1, Sections 1 and 2, shall also automatically be modified accordingly at the same time. The Parties further acknowledge and agree that, by prospectively incorporating such prices to be established in U-96-89 into this agreement, ACS does not waive, and retains, its rights to appeal or otherwise challenge all issues in that proceeding, specifically including, but not limited to, prices and any and all issues related to such prices.

Interim Rates. Through March 31, 2001, the rates in Section 1 are interim and refundable and subject to true-up at the conclusion of the forthcoming ACS-GCI Anchorage arbitration (U-96-89). Pursuant to such “truing up” process, refunds will be made from ACS to AFS TALD or vice versa, as appropriate. If, however, new loop ioop prices are not approved by the RCA in U-96-89 before March 31, 2001, AFS TALD rates for wire loops will be no more than the loop rates charged to GCI.3 GCI.2 Such post-March 31, 2001 rates are also interim, but not refundable, and not subject to the true- up process. Thus, it is the Parties’ express agreement that the interim prices listed in Part C – — Attachment 1, Section 1 will be replaced by the prices to be established between ACS and GCI for the Anchorage market in U-96-89. The Parties recognize that the RCA has ordered a proceeding in that docket to establish new interconnection prices, and to replace the prices formerly approved therein by the APUC on January 14, 1997. The Parties expressly agree that, upon the date the Commission makes effective such new prices in Docket U-96-89, those prices shall automatically replace the interim prices now set forth herein. 4 herein.3 The Parties further agree that if the prices to be established in U-96-89 are subsequently modified, through the course of any appeal or challenge, or by subsequent action of the ofthe RCA or FCC, that the prices incorporated from that docket into this Agreement at Part C – — Attachment 1, Sections 1 and 2, shall also automatically be modified accordingly at the same time. The Parties further acknowledge and agree that, by prospectively incorporating such prices to be established in U-96-89 into this agreement, ACS does not waive, and retains, its rights to appeal or otherwise challenge all issues in that proceeding, specifically including, but not limited to, prices and any and all issues related to such prices.