Common use of Performance Remedies Clause in Contracts

Performance Remedies. The question of what remedies or other action might be appropriate in any situation where ACI believes, based on a statistically significant number of reports described above, that ▇▇▇▇ Atlantic is not complying with the performance standards referenced in subsection 27.1 above shall be resolved, in the first instance, through negotiations between the Parties and, failing prompt and successful negotiations, through the complaint processes of the Commission, the FCC, or a court of competent jurisdiction. BA agrees to join ACI in encouraging the Commission to develop expedited procedures for the resolution of any performance-related complaints.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement (Rhythms Net Connections Inc)