Common use of TBD Prices Clause in Contracts

TBD Prices. If a provision references prices in an Attachment and there are no corresponding prices in such Attachment, such price shall be considered "To Be Determined" (TBD). With respect to all TBD prices, prior to either Party ordering any such TBD item, the Parties shall meet and confer to establish a price. If the Parties are unable to reach agreement on a price for such item, an interim price shall be set for such item that is equal to the price for the nearest analogous item for which a price has been established. Any interim prices so set shall be subject to modification by any subsequent decision of the Commission. If an interim price is different from the rate subsequently established by the Commission, any underpayment shall be paid by the billed Party to the billing Party, and any overpayment shall be refunded by the billing Party to the billed Party, within 45 Business Days after the establishment of the price by the Commission. ARTICLE IV‌

Appears in 1 contract

Sources: Traffic Exchange Agreement

TBD Prices. If a provision references prices in an Attachment and there are no corresponding prices in such Attachment, such price shall be considered "To Be Determined" (TBD). With respect to all TBD prices, prior to either Party TWTC ordering any such TBD item, the Parties shall meet and confer to establish a price. If the Parties are unable to reach agreement on a price for such item, an interim price shall be set for such item that is equal to the price for the nearest analogous item for which a price has been established. Any interim prices so set shall be subject to modification by any subsequent decision of the Commission. If an interim price is different from the rate subsequently established by the Commission, any underpayment shall be paid by the billed Party TWTC to the billing PartyCenturyTel, and any overpayment shall be refunded by the billing Party CenturyTel to the billed PartyTWTC, within 45 Business Days after the establishment of the price by the Commission. ARTICLE IV‌.

Appears in 1 contract

Sources: Traffic Exchange Agreement

TBD Prices. If a provision references prices in an Attachment and there are no corresponding prices in such Attachment, such price shall be considered "To Be Determined" (TBD). With respect to all TBD prices, prior to either Party ordering any such TBD item, the Parties shall meet and confer to establish a price. If the Parties are unable to reach agreement on a price for such item, an interim price shall be set for such item that is equal to the price for the nearest analogous item for which a price has been established. Any interim prices so set shall be subject to modification by any subsequent decision of the Commission. If an interim price is different from the rate subsequently established by the Commission, any underpayment shall be paid by the billed Party to the billing Party, and any overpayment shall be refunded by the billing Party to the billed Party, within 45 Business Days after the establishment of the price by the Commission. ARTICLE IV‌.

Appears in 1 contract

Sources: Traffic Exchange Agreement

TBD Prices. If a provision references prices in an Attachment and there are no corresponding prices in such Attachment, such price shall be considered "To Be Determined" (TBD). With respect to all TBD prices, prior to either Party Charter ordering any such TBD item, the Parties shall meet and confer to establish a price. If the Parties are unable to reach agreement on a price for such item, an interim price shall be set for such item that is equal to the price for the nearest analogous item for which a price has been established. Any interim prices so set shall be subject to modification by any final, effective, non-appealable, subsequent decision of the Commission. If an interim price is different from the rate subsequently established by the Commission, any underpayment shall be paid by the billed Party Charter to the billing PartyCenturyTel, and any overpayment shall be refunded by the billing Party CenturyTel to the billed PartyCharter, within 45 Business Days after the establishment of such decision establishing the price by the Commission. ARTICLE IV‌.

Appears in 1 contract

Sources: Traffic Exchange Agreement