Common use of Amendment or Other Changes to the Act; Reservation of Rights Clause in Contracts

Amendment or Other Changes to the Act; Reservation of Rights. The Parties acknowledge that the respective rights and obligations of each Party as set forth in this Agreement are based in part on the text of the Act and the rules and regulations promulgated thereunder by the FCC and the Commission. In the event of (i) any amendment to the Act; (ii) any effective legislative, regulatory, judicial order, rule or regulation or other legal action that revises or reverses the Act; (iii) any applicable FCC rule or regulation purporting to apply the provisions of the Act; or (iv) any applicable Commission rule, regulation, Local Service Guideline, order or arbitration award purporting to apply the provisions of the Act (individually and collectively, an "Amendment to the Act"), either Party may, by providing written notice to the other Party require that any provision that would be materially affected by the Amendment to the Act be renegotiated in good faith and this Agreement be amended accordingly to reflect each such Amendment to the Act relating to any of the provisions in this Agreement. In the event the Parties disagree as to how the Agreement should be amended, either Party may seek an appropriate action in any regulatory or judicial forum of competent jurisdiction or such other dispute resolution mechanisms as the Parties may agree. If any such amendment to this Agreement affects any rates or charges of the services provided hereunder, each Party reserves its rights and remedies with respect to the collection of such rates or charges; including the right to seek a surcharge before the applicable regulatory authority.