Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 48B (the "GTE Terms") may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix 48A (the "AT&T Terms") if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case No. 96-478. The rates, terms and conditions that are specified in Appendix 48A (the “AT&T Terms”) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of GSCOMM's election to replace the specified “GTE Terms” with the specified “AT&T Terms”, which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission and effective. GTE and GSCOMM agree that if the “AT&T Terms” are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms” or, as appropriate, the substitution of “GTE Terms” for all stayed or enjoined “AT&T Terms”, and such amendment shall be effective retroactive to the Effective Date of the “AT&T Terms.” GTE and GSCOMM further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket No. 98-96. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC's First Report and Order, in whole or in part (“action”). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 48. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. GSCOMM acknowledges that GTE may seek to enforce such action before a commiss...
Amendment of Certain Rates, Terms and Conditions. The rates, terms and conditions in this Agreement that are specified in Appendix 49A (the “AT&T Terms“) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Docket No. P-96-478. The rates, terms and conditions not included in this Agreement but referenced in Appendix 49B (the “GTE Terms“) were excluded from the AT&T Agreement by the Commission in Docket No. 96-478. GTE and NEWSOUTH agree that if the “AT&T Terms“ are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms“ or, as appropriate, the substitution of “GTE Terms“ for all stayed and enjoined “AT&T Terms“, and such amendments shall be effective retroactive to the Effective Date of this Agreement. GTE and NEWSOUTH further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actions”). To the extent warranted by any such action, the Parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 49. The Parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. NEWSOUTH acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the “GTE Terms“ and the “AT&T Terms“ are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, incl...
Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 00X (xxx "XXX Xxxxx") may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix 49A (the "AT&T Terms") if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case No. 96-478. The rates, terms and conditions that are specified in Appendix 49A (the “AT&T Terms¦) shall not take effect for purposes of this Agreement until thirty
Amendment of Certain Rates, Terms and Conditions. III-16 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES . . . . . . . . . . . . . . . . IV-1 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 00X (xxx "XXX Xxxxx") may be replaced by the rates, terms and conditions from that particular Commission-approved arbitrated Interconnection, Resale and Unbundling Agreement between GTE and an individual CLEC which Hyperion elects to refer to for such rates, terms and conditions (hereafter “CLEC-Prime”) (the “CLEC- Prime” Agreement), respectively, that are specified in Appendix 42B (the "CLEC- Prime” Terms") if and when the CLEC-Prime Agreement becomes effective after approval by order of the Commission in Case No. . The rates, terms and conditions that are specified in Appendix 42B (the “CLEC-Prime Terms”) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of Hyperion's election to replace the specified “GTE Terms” with the specified “CLEC-Prime Terms” (or such prior date within that 30-day period as GTE is able to complete the technical preparations for the substitution of terms), which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission and effective. GTE and Hyperion agree that if the “CLEC-Prime Terms” are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “CLEC-Prime Terms” or, as appropriate, the substitution of “GTE Terms” for all stayed or enjoined “CLEC- Prime Terms,” and such amendment shall be effective retroactive to the Effective Date of the “CLEC-Prime Terms.” GTE asserts and Hyperion acknowledges GTE’s assertion that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket No. 96-98. Without acknowledging which terms and conditions those are, Hyperion agrees that the terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part. To the extent required by any such subsequent action, the parties agree to modify, in writing, the affected rates, terms and conditions of this Agreement to bring them into compliance with the subsequent action. Hyperi...
Amendment of Certain Rates, Terms and Conditions. The rates, terms, and ------------------------------------------------- conditions in this Agreement that are specified in Attachment 46A (the "AT&T Terms") were taken from the GTE/ AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Order No. 99-028 in Docket No. ARB 5. The rates, terms, and conditions not included in this Agreement but referenced in Attachment 00X (xxx "XXX Xxxxx") were excluded from the AT&T Agreement by the Commission in Docket No. ARB 5. GTE and XXX agree that if the "AT&T Terms" are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the "AT&T Terms" or, as appropriate, the substitution of "GTE Terms" for all stayed and enjoined "AT&T Terms", and such amendments shall be effective retroactive to the Effective Date of this Agreement.
Amendment of Certain Rates, Terms and Conditions. III-11 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES ................................ IV-1 1. General ...................................................................... IV-1
Amendment of Certain Rates, Terms and Conditions. III-12 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES V-1
Amendment of Certain Rates, Terms and Conditions. III-11 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2. Liability of GTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2.1 Inapplicability of Tariff Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2.2 JTC Tariffs or Contracts V-1
Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 00X (xxx "XXX Xxxxx") may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix 48A (the "AT&T Terms") if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case No. 96-478 The rates, terms and conditions that are specified in Appendix 48A (the “AT&T Terms¦) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of UTI's election to replace the specified “GTE Terms¦ with the specified “AT&T Terms¦, which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission and effective. GTE and UTI agree that if the “AT&T Terms¦ are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms¦ or, as appropriate, the substitution of “GTE Terms¦ for all stayed or enjoined “AT&T Terms¦, and such amendment shall be effective retroactive to the Effective Date of the “AT&T Terms.¦ GTE and UTI further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket No. 96-478. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC's First Report and Order, in whole or in part (“action¦). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 48. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. UTI acknowledges that GTE may seek to enforce such action before a commission or court...
