Common use of SCOPE AND INTENT OF AGREEMENT Clause in Contracts

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers. This Agreement also governs the collocation of certain equipment of Nextel in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. The services and facilities to be provided to Nextel by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

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SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-end user customers. This Agreement also governs the collocation of certain equipment of Nextel Appalachian in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s 's cost recovery covered in this Agreement. The services and facilities to be provided to Nextel Appalachian by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to Appalachian before such a tariff becomes effective, and Appalachian may provide input on such proposed tariff. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreementagreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes the purchase of interconnection and the exchange of traffic between their respective end-user customerscertain telecommunication services. This Agreement also governs the collocation purchase by eti of certain equipment of Nextel telecommunications services provided by GTE in the premises of GTEits franchise areas for resale by eti. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. eti agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Nextel eti by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Resale Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes the purchase of interconnection and the exchange of traffic between their respective end-user customerscertain telecommunication services. This Agreement also governs the collocation purchase by First Choice of certain equipment of Nextel telecommunications services provided by GTE in the premises of GTEits franchise areas for resale by First Choice. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. First Choice agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Nextel First Choice by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Resale Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes the purchase of interconnection and the exchange of traffic between their respective end-user customerscertain telecommunication services. This Agreement also governs the collocation purchase by Max-Tel of certain equipment of Nextel telecommunications services provided by GTE in the premises of GTEits franchise areas for resale by Max-Tel. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. Xxx-Xxx agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Nextel Max-Tel by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Resale Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-end user customers. This Agreement also governs the collocation of certain equipment of Nextel Wireless 2000 in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s 's cost recovery covered in this Agreement. The services and facilities to be provided to Nextel Wireless 2000 by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to Wireless 2000 before such a tariff becomes effective, and Wireless 2000 may provide input on such proposed tariff. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreementagreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes the purchase of interconnection and the exchange of traffic between their respective end-user customerscertain telecommunication services. This Agreement also governs the collocation purchase by Suretel of certain equipment of Nextel telecommunications services provided by GTE in the premises of GTEits franchise areas for resale by Suretel. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. Suretel agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Nextel Suretel by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Resale Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers. This Agreement also governs the collocation of certain equipment of Nextel AWS in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Illinois Commerce Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. The services Services and facilities to be provided to Nextel AWS by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services Services and facilities be modified by tariff or by Orderorder, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes the purchase of interconnection and the exchange of traffic between their respective end-user customerscertain telecommunication services. This Agreement also governs the collocation purchase by DTI of certain equipment of Nextel telecommunications services provided by GTE in the premises of GTEits franchise areas for resale by DTI. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. DTI agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. GTE's execution of this Agreement is not a concession or waiver in any manner concerning its position that certain of the rates, terms and conditions contained herein are unlawful, illegal and improper. The services and facilities to be provided to Nextel DTI by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Resale Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-end user customers. This Agreement also governs the collocation of certain equipment of Nextel 360° in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s 's cost recovery covered in this Agreement. The services and facilities to be provided to Nextel 360° by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to 360° before such a tariff becomes effective, and 360° may provide input on such proposed tariff. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreementagreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers. This Agreement also governs the collocation of certain equipment of Nextel Mountaineer in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. The services and facilities to be provided to Nextel Mountaineer by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-end user customers. This Agreement also governs the collocation of certain equipment of Nextel Bluegrass in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s 's cost recovery covered in this Agreement. The services and facilities to be provided to Nextel Bluegrass by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. GTE will provide notification to Bluegrass before such a tariff becomes effective, and Bluegrass may provide input on such proposed tariff. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreementagreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers. This Agreement also governs the collocation of certain equipment of Nextel in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Michigan Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. The services and facilities to be provided to Nextel by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers. This Agreement also governs the collocation of certain equipment of Nextel AWS in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. The services Services and facilities to be provided to Nextel AWS by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services Services and facilities be modified by tariff or by Orderorder, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes the purchase of interconnection and the exchange of traffic between their respective end-user customerscertain telecommunication services. This Agreement also governs the collocation purchase by dPi of certain equipment of Nextel telecommunications services provided by GTE in the premises of GTEits franchise areas for resale by dPi. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. dPi agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Nextel dPi by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Resale Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes the purchase of interconnection and the exchange of traffic between their respective end-user customerscertain telecommunication services. This Agreement also governs the collocation purchase by Max-Tel of certain equipment of Nextel telecommunications services provided by GTE in the premises of GTEits franchise areas for resale by Max-Tel. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. Max-Tel agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. The services and facilities to be provided to Nextel Max-Tel by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Resale Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers. This Agreement also governs the collocation of certain equipment of Nextel Spectrum in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTEeither Party’s cost recovery covered in this Agreement. The Certain services and facilities facilities, not identified in Appendix C, to be provided to Nextel Spectrum by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers. This Agreement also governs the collocation of certain equipment of Nextel AirTouch in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Michigan Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. The services and facilities to be provided to Nextel AirTouch by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes of interconnection and the exchange of traffic between their respective end-user customers. This Agreement also governs the collocation of certain equipment of Nextel Spectrum in the premises of GTE. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Michigan Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTEeither Party’s cost recovery covered in this Agreement. The Certain services and facilities facilities, not identified in Appendix C, to be provided to Nextel Spectrum by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

SCOPE AND INTENT OF AGREEMENT. Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area in which they both operate within the State for purposes the purchase of interconnection and the exchange of traffic between their respective end-user customerscertain telecommunication services. This Agreement also governs the collocation purchase by NOW of certain equipment of Nextel telecommunications services provided by GTE in the premises of GTEits franchise areas for resale by NOW. This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. This Agreement will be submitted to the Kentucky Public Service Commission (the "Commission") for approval. The Parties agree that their entrance into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to GTE’s cost recovery covered in this Agreement. NOW agrees to negotiate reciprocal terms and conditions with GTE based on this Agreement. GTE's execution of this Agreement is not a concession or waiver in any manner concerning its position that certain rates, terms and conditions contained herein are unlawful, illegal and improper. The services and facilities to be provided to Nextel NOW by GTE in satisfaction of this Agreement may be provided pursuant to GTE tariffs and then current practices. Should such services and facilities be modified by tariff or by Order, including any modifications resulting from other Commission proceedings, federal court review or other judicial action, and unless otherwise specified herein, such modifications will be deemed to automatically supersede any rates and terms and conditions of this Agreement. The Parties shall cooperate with one another for the purpose of incorporating required modifications into this Agreement.

Appears in 1 contract

Samples: Resale Agreement

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