Section 252(i) Obligations. 29.11.1 To the extent required under Applicable Law, BA shall make available without unreasonable delay to TCG any individual interconnection, service or network element contained in any agreement to which it is a party that is approved by the Commission pursuant to Section 252 of the Act upon the same rates, terms, and conditions as those provided in the agreement. BA agrees to notify TCG on a quarterly basis via an “all users of access” letter or similar notice of any such agreement once BA has filed it with the Commission for approval. 29.11.2 To the extent the exercise of the foregoing options requires a rearrangement of facilities by the providing Party, the opting Party shall be liable for the non-recurring charges associated therewith. 29.11.3 The Party electing to exercise such option shall do so by delivering written notice to the first Party. Upon receipt of said notice by the first Party, the Parties shall amend this Agreement to provide the same rates, terms and conditions to the notifying Party for the remaining term of this Agreement; provided, however, that the Party exercising its option under this subsection 29.11 must continue to provide the same services or arrangements to the first Party as required by this Agreement, subject either to the rates, terms, and conditions applicable to the first Party in its agreement with the third party or to the rates, terms, and conditions of this Agreement, whichever is more favorable to the first Party in its sole determination. 29.11.4 BA represents and warrants that, as of the date of this Agreement, it has not entered into any comparable Interconnection agreement with any other CLEC in BA’s service territory that is significantly more favorable than the terms contained herein. BA makes no warranty or representation with respect to its Interconnection arrangements with its affiliates or ITCs.
Appears in 3 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Section 252(i) Obligations. 29.11.1 To the extent required under Applicable Law, BA shall make available without unreasonable delay to TCG ETC any individual interconnection, service or network element contained in any agreement to which it is a party that is approved by the Commission pursuant to Section 252 of the Act Act, upon the same rates, terms, and conditions as those provided in the agreement. BA agrees to notify TCG on a quarterly basis via an “all users of access” letter or similar notice ETC of any such agreement once BA has filed it with the Commission for approval.
29.11.2 To the extent the exercise of the foregoing options requires a rearrangement of facilities by the providing Party, the opting Party shall be liable for the non-recurring charges associated therewith.
29.11.3 The Party electing to exercise such option shall do so by delivering written notice to the first Party. Upon receipt of said notice by the first Party, the Parties shall amend this Agreement to provide the same rates, terms and conditions to the notifying Party for the remaining term of this Agreement; provided, however, that the Party exercising its option under this subsection 29.11 must continue to provide the same services or arrangements to the first Party as required by this Agreement, subject either to the rates, terms, and conditions applicable to the first Party in its agreement with the third party or to the rates, terms, and conditions of this Agreement, whichever is more favorable to the first Party in its sole determination.
29.11.4 BA represents and warrants that, as of the date of this Agreement, it has not entered into any comparable Interconnection agreement with any other CLEC in BA’s service territory that is significantly more favorable than the terms contained herein. BA makes no warranty or representation with respect to its Interconnection arrangements with its affiliates or ITCs.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Section 252(i) Obligations. 29.11.1 To the extent required under Applicable Law, BA shall make available without unreasonable delay to TCG Commonwealth any individual interconnection, service or network element contained in any agreement to which it is a party that is approved by the Commission pursuant to Section 252 of the Act Act, upon the same rates, terms, and conditions as those provided in the agreement. BA ▇▇ agrees to notify TCG on a quarterly basis via an “all users of access” letter or similar notice Commonwealth of any such agreement once BA has filed it with the Commission for approval.
29.11.2 To the extent the exercise of the foregoing options requires a rearrangement of facilities by the providing Party, the opting Party shall be liable for the non-recurring charges associated therewith.
29.11.3 The Party electing to exercise such option shall do so by delivering written notice to the first Party. Upon receipt of said notice by the first Party, the Parties shall amend this Agreement to provide the same rates, terms and conditions to the notifying Party for the remaining term of this Agreement; provided, however, that the Party exercising its option under this subsection 29.11 must continue to provide the same services or arrangements to the first Party as required by this Agreement, subject either to the rates, terms, and conditions applicable to the first Party in its agreement with the third party or to the rates, terms, and conditions of this Agreement, whichever is more favorable to the first Party in its sole determination.
29.11.4 BA represents and warrants that, as of the date of this Agreement, it has not entered into any comparable Interconnection agreement with any other CLEC in BA’s service territory that is significantly more favorable than the terms contained herein. BA makes no warranty or representation with respect to its Interconnection arrangements with its affiliates or ITCs.
Appears in 1 contract
Sources: Interconnection Agreement
Section 252(i) Obligations. 29.11.1 To the extent , and only to the extent, required under Applicable Law, BA shall make available without unreasonable delay to TCG ACI any individual interconnection, service or network element contained in any agreement to which it BA is a party that is approved by the Commission pursuant to Section 252 of the Act Act, upon the same rates, terms and conditions, as those provided in such agreement. In addition, BA shall make available to ACI without unreasonable delay to ACI any individual interconnection, services or network elements not provided for in this Agreement, that is contained in any Agreement to which BA is a party and that has been approved by the Commission pursuant to Section 252 of the Act, upon the same rates, terms, and conditions as those provided in the such agreement. BA agrees to notify TCG ACI on a quarterly basis via an “all users of access” letter or similar written notice or by providing information on a publicly available BA Internet website of any such agreement once BA has filed it with the Commission for approval.
29.11.2 To the extent the exercise of the foregoing options requires a rearrangement of facilities by the providing Party, the opting Party shall be liable for the non-recurring charges associated therewith.
29.11.3 The Party electing to exercise such option shall do so by delivering written notice to the first Party. Upon receipt of said notice by the first Party, the Parties shall amend this Agreement to provide the same rates, terms and conditions to the notifying Party for the remaining term of this Agreement; provided, however, that the Party exercising its option under this subsection 29.11 must continue to provide the same services or arrangements to the first Party as required by this Agreement, subject either to the rates, terms, and conditions applicable to the first Party in its agreement with the third party or to the rates, terms, and conditions of this Agreement, whichever is more favorable to the first Party in its sole determination.
29.11.4 BA represents and warrants that, as of the date of this Agreement, it has not entered into any comparable Interconnection agreement with any other CLEC in BA’s service territory that is significantly more favorable than the terms contained herein. BA makes no warranty or representation with respect to its Interconnection arrangements with its affiliates or ITCs.
Appears in 1 contract
Sources: Interconnection Agreement