Common use of Rate True-Up Clause in Contracts

Rate True-Up. The Parties agree that the interim prices reflected herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State in which the services are being performed or any other body having jurisdiction over this agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to Interconnector. Each party shall keep its own records upon which a “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 2 contracts

Samples: Agreement, Collocation Agreement

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Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final an effective order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-true- up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector ALEC Inc., shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorALEC Inc.,. Each party Party shall keep its own records upon which a “true-true- up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.such

Appears in 2 contracts

Samples: Agreement, Agreement

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final an effective order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-true- up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector NOS Communications, Inc. shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to Interconnector. NOS Communications, Inc.. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final an effective order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector BTC shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorBTC. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector CLEC-1 shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorCLEC-1. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: Interconnection Agreement

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final an effective order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-true- up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector BBOC shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorBBOC. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: Agreement Between

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector CTSI shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorCTSI. Each party shall keep its own records upon which a “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector OptiLink shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorOptiLink. Each party shall keep its own records upon which a “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector Xxxxxxxx shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorAdelphia. Each party shall keep its own records upon which a “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be "trued-up" (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement (hereinafter "Commission"). Under the "true-up" process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service ("Total Interim Price"). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due ("Total Final Price"). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector Pathnet shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorPathnet. Each party shall keep its own records upon which a "true-up" can be based and any final payment from one party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such "true-up," the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: Collocation Agreement (Pathnet Telecommunications Inc)

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector Network Telephone shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorNetwork Telephone. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: Interconnection Agreement

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector Maxcess shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorMaxcess. Each party shall keep its own records upon which a “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: Master Agreement

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Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final an effective order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-true- up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector WinStar shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorWinStar. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final an effective order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-true- up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector MTS Communications shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorMTS Communications. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: Agreement

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final an effective order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-true- up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector KMC Telecom shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorKMC Telecom. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector BTC shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorBTC. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement Agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector KMC Telecom shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorKMC Telecom. Each party Party shall keep its own records upon which a “true-up” can be based and any final payment from one party Party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector COMPASS shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorCOMPASS. Each party shall keep its own records upon which a “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: psc.ky.gov

Rate True-Up. The Parties agree that the interim prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by final order, including any appeals, in a proceeding involving BellSouth before the regulatory authority for the State state in which the services are being performed or any other body having jurisdiction over this agreement (hereinafter “Commission”). Under the “true-up” process, the interim price for each service shall be multiplied by the volume of that service purchased to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price for that service shall be multiplied by the volume purchased to arrive at the total final amount due (“Total Final Price”). The Total Interim Price shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim Price, Interconnector Network Telephone shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to InterconnectorNetwork Telephone. Each party shall keep its own records upon which a “true-up” can be based and any final payment from one party to the other shall be in an amount agreed upon by the Parties based on such records. In the event of any disagreement as between the records or the Parties regarding the amount of such “true-up,” the Parties agree that the Commission shall be called upon to resolve such differences.

Appears in 1 contract

Samples: Interconnection Agreement

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