Limitation on Back Sample Clauses
The 'Limitation on Back' clause sets a restriction on the extent to which a party can seek remedies or claims for issues that occurred in the past, prior to a certain date or event. In practice, this clause may specify that claims can only be made for incidents arising after the contract's effective date, or it may limit liability for historical breaches or conditions. Its core function is to protect parties from being held responsible for past actions or circumstances, thereby providing certainty and reducing the risk of unexpected liabilities.
Limitation on Back billing and Credit Claims; Exceptions to Limitation for Certain Situations (True-Ups):
12.19.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to:
12.19.1.1 Back-▇▇▇▇ for or claim credit for any charges for services provided pursuant to this Agreement that are found to be unbilled, under-billed or over-billed, but only when such charges appeared or should have appeared on a ▇▇▇▇ dated within the twelve (12) months immediately preceding the date on which the Billing Party provided written notice to the Billed Party of the amount of the back-billing or the Billed Party provided written notice to the Billing Party of the claimed credit amount. The Parties agree that the twelve (12) month limitation on back-billing and credit claims set forth in the preceding sentence shall be applied prospectively only after the Effective Date of this Agreement, meaning that the twelve (12) month period for any back-billing or credit claims may only include billing periods that fall entirely after the Effective Date of this Agreement and will not include any portion of any billing period that began prior to the Effective Date of this Agreement. Nothing herein shall prohibit either Party from rendering bills or collecting for any Interconnection Service(s) more than twelve (12) months after the Interconnection Service(s) was provided when the ability or right to charge or the proper charge for the Interconnection Service(s) was the subject of an arbitration or other Commission docket or any FCC order, including any appeal of such arbitration, docket or FCC order. In such cases (hereinafter a “true- up”), the time period for billing shall be the longer of (a) the period specified by the commission in the final order allowing or approving such charge or (b) eighteen (18) months from the date of the final order allowing or approving such charge or (c) twelve (12) months from the date of approval of any executed amendment to this Agreement required to implement such charge.
12.19.1.2 Back-billing and credit claims, and true-ups, as limited above, will apply to all Interconnection Services purchased under this Agreement, except that Intercarrier Compensation is specifically excluded from this Section 12.0 and is addressed separately in the Attachment – 02 Network Interconnection.