Common use of Rate True-Up Clause in Contracts

Rate True-Up. The Parties agree that the prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by an effective order, 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, WebShoppe shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to WebShoppe. 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.

Rate True-Up. The Parties parties agree that the prices fees reflected as interim herein shall be “trued-up” (up or down) based on final prices fees either determined by further agreement or by an effective order, in a proceeding involving BellSouth AT&T before the regulatory authority for the state state, in which the services are being performed Licensee has either attached to or occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true- true-up” process, the interim price fees for each service structure shall be multiplied by the volume of that service purchased structure either attached to or occupied by Licensee to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price fees for that service structure shall be multiplied by the volume purchased of that structure either attached to or occupied by Licensee 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, WebShoppe Licensee shall pay the difference to BellSouth. AT&T. If the Total Final Price is less than the Total Interim Price, BellSouth AT&T shall pay the difference to WebShoppeLicensee. Each 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 parties based on such records. In the event of any disagreement as between the records or the Parties parties regarding the amount of such “true-up,” the Parties parties agree that the Commission shall be called upon to resolve such differences.

Rate True-Up. The Parties agree that the prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by an effective order, 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, WebShoppe 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 WebShoppeALEC Inc.,. 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.

Rate True-Up. The Parties parties agree that the prices fees reflected as interim herein shall be “trued-up” (up or down) based on final prices fees either determined by further agreement or by an effective order, in a proceeding involving BellSouth AT&T before the regulatory authority for the state state, in which the services are being performed Licensee has either attached to or occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true- true-up” process, the interim price fees for each service structure shall be multiplied by the volume of that service purchased structureeither attached to or occupied by Licensee to arrive at the total interim amount paid for that service (“Total Interim Price”). The final price fees for that service structure shall be multiplied by the volume purchased of that structureeither attached to or occupied by Licensee 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, WebShoppe Licensee shall pay the difference to BellSouth. AT&T. If the Total Final Price is less than the Total Interim Price, BellSouth AT&T shall pay the difference to WebShoppeLicensee. Each Party shall keep its own records upon which a whicha “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 parties based on such records. In the event of any disagreement as between the records or the Parties parties regarding the amount of such “true-up,” the Parties parties agree that the Commission shall be called upon to resolve such differences.

Rate True-Up. The Parties agree that the prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by an effective order, 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- 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, WebShoppe 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 WebShoppeCLEC-1. Each Party shall keep its own records upon which a “true- 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.

Rate True-Up. The Parties agree that the prices reflected as interim herein shall be “trued-up” (up or down) based on final prices either determined by further agreement or by an effective order, 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- 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, WebShoppe Powertel shall pay the difference to BellSouth. If the Total Final Price is less than the Total Interim Price, BellSouth shall pay the difference to WebShoppePowertel. Each Party shall keep its own records upon which a “true- 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. This agreement shall not survive the expiration or term of this Agreement.

Rate True-Up. The Parties parties agree that the prices fees reflected as interim herein interimherein shall be “trued-up” (up or down) based on final prices fees either determined by further agreement or by an effective order, in a proceeding involving BellSouth AT&T before the regulatory authority for the state state, in which the services are being performed Licensee has either attached toor occupied AT&T structures (Rights of Way, Conduits, Ducts, and/or Poles), or any other body having jurisdiction over this Agreement (hereinafter “Commission”). Under the “true- true-up” process, the interim price fees for each service structure shall be multiplied by the volume of that service purchased structure either attached to arrive or occupied by Licensee toarrive at the total interim amount interimamount paid for that service (“Total Interim PriceInterimPrice”). The final price fees for that service structure shall be multiplied by the volume purchased of that structure either attached to arrive or occupied by Licensee toarrive at the total final amount due (“Total Final Price”). The Total Interim Price InterimPrice shall be compared with the Total Final Price. If the Total Final Price is more than the Total Interim PriceInterimPrice, WebShoppe Licensee shall pay the difference to BellSouth. AT&T. If the Total Final Price is less than the Total Interim Price, BellSouth AT&T shall pay the difference to WebShoppeLicensee. Each Party shall keep its own records upon which a “true- true-up” can be based and any final payment from one Party fromone party to the other shall be in an amount agreed upon by the Parties parties based on such records. In the event of any disagreement as between the records or the Parties parties regarding the amount of such “true-up,” the Parties parties agree that the Commission shall be called upon to resolve such differences.