TBD Prices. Numerous provisions in this Agreement and its Attachments refer to pricing principles. 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 NEN 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 (for example, if there is not an established price for a non recurring charge (NRC) for a specific UNE, the Parties would use the NRC for the most analogous retail service for which there is an established price). 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 NEN to GTE, and any overpayment shall be refunded by GTE to NEN, within 45 Business Days after the establishment of the price by the Commission.
TBD Prices. 46.1 Certain provisions in this Agreement and its Appendices and/or Attachments may simply refer to pricing principles or identify a rate as “to be determined” or “TBD.” If a provision references a specific rate element in an Appendix or Attachment and there are no corresponding prices or rates in such Appendix or Attachment, such price shall be considered “To Be Determined” (TBD). With respect to all TBD prices, prior to QuantumShift ordering any such TBD item, the Parties shall meet and confer to establish a price.
TBD Prices. Numerous provisions in this Agreement refer to pricing principles. If a provision references prices and there are no corresponding prices, such price shall be considered "To Be Determined" (TBD). With respect to all TBD prices, prior to SPRINT 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, a 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 (for example, if there is not an established price for a Non-Recurring Charge (NRC) for a specific UNE, the Parties would use the NRC for the most analogous service for which there is an established price.
TBD Prices. 46.1 Certain provisions in this Agreement and its Appendices and/or Attachments may simply identify a rate as “to be determined” or “TBD.” With respect to all TBD prices, prior to Charter ordering any such TBD item, the Parties shall meet and confer to establish a price. In the event the Parties are unable to agree upon a price for a TBD item, either Party may then invoke the dispute resolution process set forth in Article III, Section 20.
TBD Prices. Numerous provisions in this Agreement and its Attachments refer to pricing principles. 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 Sprint 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 Sprint to CenturyTel, and any overpayment shall be refunded by CenturyTel to Sprint, within 45 Business Days after the establishment of the price by the Commission.
TBD Prices. “To Be Determined” (TBD) rates or charges may be designated for Limited Offerings (in Verizon’s discretion as described in Article I, Section 4.1.4) or for other services or facilities arrangements for which the Parties have not been able to establish a price as of the Effective Date. With respect to all TBD rates or charges, prior to ServiSense 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, a 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 (for example, if there is not an established price for a Non-Recurring Charge (NRC) for a specific UNE, the Parties would use the NRC for the most analogous service for which there is an established price. Verizon shall have the right for any such TBD price to designate such price as subject to change following Verizon’s completion of the development of a replacement interim price. When Verizon finishes developing such replacement price, Verizon shall notify ServiSense in writing of such price in accordance with, and subject to, the notices provision of Article II, Section 5.11. Any TBD rates or charges established pursuant to this provision shall be subject to change and true-up retroactive to the Effective Date of this Agreement in accordance with the requirements of Section 4.1.2. The Dispute Resolution procedures described in Article II, Section 3 herein may be invoked by either Party to resolve any dispute regarding the implementation of rates or charges pursuant to this Section.
TBD Prices limited to E-911/911, other N11, franchise fees, and Commission surcharges.
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
TBD Prices contracting party. Fees/regulatory surcharges shall include but not be limited to E-911/911, other N11, franchise fees, and Commission surcharges.
TBD Prices. Numerous provisions in this Agreement and its Attachments refer to prices, rates or charges (“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 Empire 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 (i) the price Empire would pay for such item if purchased out of a Verizon tariff or (ii) if such item is not priced in a Verizon tariff, the price forthe nearest analogous item for which a price has been established (for example, if there is not an established price for a non recurring charge (NRC) for a specific UNE, the Parties would use the NRC for the most analogous retail service for which there is an established price). Any interim prices so set shall be subject to modification by any subsequent decision of the Commission, the FCC or any court having jurisdiction. If an interim price is different from the rate subsequently established by the Commission, the FCC or any court having jurisdiction, any underpayment shall be paid by Empire to Verizon, and any overpayment shall be refunded by Verizon to Empire, within forty-five (45) Business Days after the establishment of the price by the Commission. The provision of this Section 48 as it relates to underpayments or overpayments existing as of the date of expiration or termination, shall survive any expiration or termination of the Agreement.
