Common use of Traffic Distribution Clause in Contracts

Traffic Distribution. Each Party intends to utilize measured traffic for the purposes of (a) determining termination compensation and (b) apportioning shared facilities charges. Where either Party is unable to measure traffic, the Parties agree to use the most recent default percentages during the period the data is unavailable for the application of charges pursuant to this Agreement. A non-measuring Party may choose to submit invoices for termination compensation based on the measuring Party’s representations of Telecommunications Traffic originated by the measuring Party or upon the default percentages. In either event, either Party may request to revise the default percentages no more than once every six (6) months thereafter, based on the previous six (6) months average of actual usage. At the written request of either Party to revise the default percentages, the default percentages will be adjusted based on the parties’ respective percentages of all intraMTA traffic (and interMTA traffic, transited and UNE-P traffic where applicable) exchanged by the parties. Any adjustments to the default percentages will be effective as of the request date and the parties agree to true-up any invoices utilizing the previous default percentages which are submitted after the request date and before the revised default percentages are determined. In the event of a dispute regarding the adjustment, if any, to the factors, the dispute will be resolved pursuant to the provisions of Section 14.9. Each Party agrees to provide available traffic data or permit the other Party’s recording equipment to be installed for sampling purposes in conjunction with any subsequent traffic measurement or audits of traffic measurement.