Common use of Xxxx-and-Keep Clause in Contracts

Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ end-user customers is roughly balanced between the Parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and- Keep Arrangement with respect to termination of Local Traffic only. Either Party may request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (6o) percent of the Parties’ total terminated minutes for Local Traffic, either Party may notify the other, as described in Section 8.1 of this Agreement, that the existing contract will be terminated at the end of the initial term of one (1) year to be replaced with a new Agreement that will provide the terms for mutual compensation. Nothing in this Section 5.1 shall be interpreted to allow either Party to aggregate traffic other than local Traffic for the purpose of compensation under the Xxxx-and-keep Arrangement described in this Section 5.1.

Appears in 2 contracts

Samples: Reciprocal Compensation Agreement, Reciprocal Compensation Agreement

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Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ end-user customers is roughly balanced between the Parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-Xxxx- and- Keep Arrangement with respect to termination of Local Traffic only. Either Party may request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (6o) percent of the Parties’ total terminated minutes for Local Traffic, either Party may notify the other, as described in Section 8.1 of this Agreement, that the existing contract will be terminated at the end of the initial term of one (1) year to be replaced with a new Agreement that will provide the terms for mutual compensation. Nothing in this Section 5.1 shall be interpreted to allow either Party to aggregate traffic other than local Traffic for the purpose of compensation under the Xxxx-and-keep Arrangement described in this Section 5.1.

Appears in 1 contract

Samples: Reciprocal Compensation Agreement

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Xxxx-and-Keep. The Parties shall assume that Local Traffic originated by or terminating to the Parties’ end-user customers is roughly balanced between the Parties unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a Xxxx-and- and-Keep Arrangement with respect to termination of Local Traffic only. Either Party may request that a traffic study be performed no more frequently than once a quarter. Should such traffic study indicate, in the aggregate, that either Party is terminating more than sixty (6o) percent of the Parties’ total terminated minutes for Local Traffic, either Party may notify the other, as described in Section 8.1 of this Agreement, that the existing contract will be terminated at the end of the initial term of one (1) year to be replaced with a new Agreement that will provide the terms for mutual compensation. Nothing in this Section 5.1 shall be interpreted to allow either Party to aggregate traffic other than local Traffic for the purpose of compensation under the Xxxx-and-keep Arrangement described in this Section 5.1.

Appears in 1 contract

Samples: Reciprocal Compensation Agreement

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