UPAP Sample Clauses

UPAP. Following the Closing Date, Qwest Corporation (pre-merger or post-merger “Qwest” or “Qwest Corporation”) shall not discontinue the use of the Utah Performance Assurance Plan (“UPAP”) for at least 36 months after the transaction closing. The Parties agree that the UPAP does not automatically terminate at the expiration of the 36 months, but that the Company may, before the expiration of the 36 months, initiate a proceeding to modify or discontinue the UPAP after the expiration of the 36-month term. CenturyLink and Qwest Corporation do not waive the right to seek modifications under the terms and conditions outlined in the Qwest UPAP. Qwest Corporation shall continue to provide the monthly reports of wholesale performance metrics to Staff and to each CLEC as set forth in the UPAP, unless modified under the terms and conditions outlined in the UPAP. Within three (3) months of the merger close, the Company will file a motion in Docket No. ▇▇-▇▇▇-▇▇ with the Commission to limit the scope of that proceeding to consider only the elimination of the “Tier 2” payments, along with any other mutually agreed upon changes between the parties in that proceeding. The Division agrees to support the elimination of the Tier 2 payments.