Common use of BILLING AND TERMS OF PAYMENT Clause in Contracts

BILLING AND TERMS OF PAYMENT. ASI-North or its billing agent will ▇▇▇▇ ▇▇▇▇ (and not CLEC’s Customer) and CLEC will pay to ASI-North or its billing agent on a monthly basis the charges set forth in this Agreement. The charges will commence on the date Service is made available by ASI-North under the applicable Agreement. Charges referenced in subsection A above are due on the date specified on the ▇▇▇▇ (“Payment Date”). A late payment charge shall be assessed by ASI-North or its billing agent on any charges not received by the Payment Date. The late payment charge shall be calculated according to the prevailing collections policy in place by ASI-North in each jurisdiction or its billing agent, based on per month invoiced charges or portion thereof, for the period from the Payment Date until the payment is received, but in no event will such charge exceed the maximum amount allowed by law. If this charge would exceed the maximum allowable charge in any jurisdiction where the Services have been provided but for which payment has not been received, the late payment charge shall be calculated at the maximum allowed by such jurisdiction. If a billing dispute is resolved in favor of CLEC, any billed charges and late payment charges collected on the disputed amount will be credited to CLEC on ▇▇▇▇’▇ ▇▇▇▇. If a billing dispute is resolved in favor of ASI-North, any payments withheld pending settlement of the dispute shall be subject to the late payment charges set forth above. Adjustments for the quantities of Services established or discontinued in any billing period beyond the minimum period of one (1) month will be prorated. CLEC will be invoiced separately for each Customer for whom CLEC orders Services and, if CLEC’s Customer qualifies for the wholesale avoided cost discount in section 11, a separate ▇▇▇▇ will be generated for each state in which CLEC’s Customer receives these Services. With respect to any purchase of Service under this Agreement, if any Federal, state or local government tax, fee, surcharge, or other tax-like charge (a "Tax") is required or permitted by applicable law, ordinance or tariff to be collected from a purchasing Party by the providing Party, then (i) the providing Party will ▇▇▇▇, as a separately stated item, the purchasing Party for such Tax, (ii) the purchasing Party will timely remit such Tax to the providing Party, and (iii) the providing Party will remit such collected Tax to the applicable taxing authority. If the providing Party does not collect a Tax because the purchasing Party asserts that it is not responsible for the Tax or is otherwise excepted from the obligation, which is later determined by formal action to be wrong then, as between the providing Party and the purchasing Party, the purchasing Party will be liable for such uncollected Tax and any interest due and/or penalty assessed on the uncollected Tax by the applicable taxing authority or governmental entity. If either Party is audited by a taxing authority or other governmental entity the other Party agrees to reasonably cooperate with the Party being audited in order to respond to any audit inquiries in a proper and timely manner so that the audit and/or any resulting controversy may be resolved expeditiously. If applicable law excludes or exempts a purchase of Services under this Agreement from a Tax, and if such applicable law also provides an exemption procedure, such as an exemption certificate requirement, then, if the purchasing Party complies with such procedure, the providing Party, subject to section 2.H(2), will not collect such Tax during the effective period of the exemption. Such exemption will be effective upon receipt of the exemption certificate or affidavit. If applicable law excludes or exempts a purchase of Services under this Agreement from a Tax, but does not also provide an exemption procedure, then the providing Party will not collect such Tax if the purchasing Party (i) furnishes the providing Party with a letter signed by an officer of the purchasing Party claiming an exemption and identifying the applicable law which allows such exemption, and (ii) supplies the providing Party with an indemnification agreement, reasonably acceptable to the providing Party, which holds the providing Party harmless on an after-tax basis with respect to forbearing to collect such Tax. With respect to any Tax or Tax controversy covered by this section H, the purchasing Party will be entitled to contest, pursuant to applicable law, and at its own expense, any Tax that it is ultimately obligated to pay. The purchasing Party will be entitled to the benefit of any refund or recovery resulting from such a contest. The providing Party will cooperate in any such contest. Failure to include Taxes on an invoice or to state a Tax separately shall not impair the obligation of the purchasing Party to pay any Tax. Nothing shall prevent the providing Party from paying any Tax to the appropriate taxing authority prior to the time: (1) it bills the purchasing Party for such Tax or (2) it collects the Tax from the purchasing Party. Notwithstanding anything in this Agreement to the contrary, the purchasing Party shall be liable for and the provisioning Party may collect Taxes which were assessed by or paid to an appropriate taxing authority within the statute of limitations period but not included on an invoice within four (4) years after the Tax otherwise was owed or due.

BILLING AND TERMS OF PAYMENT. A. ASI-North or its billing agent will ▇▇▇▇ ▇▇▇▇ (and not CLEC’s Customer) and CLEC will pay to ASI-North or its billing agent on a monthly basis the charges set forth in this Agreement. The charges will commence on the date Service is made available by ASI-ASI- North under the applicable Agreement. . B. Charges referenced in subsection A above are due on the date specified on the ▇▇▇▇ (“Payment Date”). . C. A late payment charge shall be assessed by ASI-North or its billing agent on any charges not received by the Payment Date. The late payment charge shall be calculated according to the prevailing collections policy in place by ASI-North in each jurisdiction or its billing agent, based on per month invoiced charges or portion thereof, for the period from the Payment Date until the payment is received, but in no event will such charge exceed the maximum amount allowed by law. If this charge would exceed the maximum allowable charge in any jurisdiction where the Services have been provided but for which payment has not been received, the late payment charge shall be calculated at the maximum allowed by such jurisdiction. . D. If a billing dispute is resolved in favor of CLEC, any billed charges and late payment charges collected on the disputed amount will be credited to CLEC on ▇▇▇▇’▇ ▇▇▇▇. . E. If a billing dispute is resolved in favor of ASI-North, any payments withheld pending settlement of the dispute shall be subject to the late payment charges set forth above. . F. Adjustments for the quantities of Services established or discontinued in any billing period beyond the minimum period of one (1) month will be prorated. . G. CLEC will be invoiced separately for each Customer for whom CLEC orders Services and, if CLEC’s Customer qualifies for the wholesale avoided cost discount in section 11, a separate ▇▇▇▇ will be generated for each state in which CLEC’s Customer receives these Services. With respect to any purchase of Service under this Agreement, if any Federal, state or local government tax, fee, surcharge, or other tax-like charge (a "Tax") is required or permitted by applicable law, ordinance or tariff to be collected from a purchasing Party by the providing Party, then (i) the providing Party will ▇▇▇▇, as a separately stated item, the purchasing Party for such Tax, (ii) the purchasing Party will timely remit such Tax to the providing Party, and (iii) the providing Party will remit such collected Tax to the applicable taxing authority. If the providing Party does not collect a Tax because the purchasing Party asserts that it is not responsible for the Tax or is otherwise excepted from the obligation, which is later determined by formal action to be wrong then, as between the providing Party and the purchasing Party, the purchasing Party will be liable for such uncollected Tax and any interest due and/or penalty assessed on the uncollected Tax by the applicable taxing authority or governmental entity. If either Party is audited by a taxing authority or other governmental entity the other Party agrees to reasonably cooperate with the Party being audited in order to respond to any audit inquiries in a proper and timely manner so that the audit and/or any resulting controversy may be resolved expeditiously. If applicable law excludes or exempts a purchase of Services under this Agreement from a Tax, and if such applicable law also provides an exemption procedure, such as an exemption certificate requirement, then, if the purchasing Party complies with such procedure, the providing Party, subject to section 2.H(2), will not collect such Tax during the effective period of the exemption. Such exemption will be effective upon receipt of the exemption certificate or affidavit. If applicable law excludes or exempts a purchase of Services under this Agreement from a Tax, but does not also provide an exemption procedure, then the providing Party will not collect such Tax if the purchasing Party (i) furnishes the providing Party with a letter signed by an officer of the purchasing Party claiming an exemption and identifying the applicable law which allows such exemption, and (ii) supplies the providing Party with an indemnification agreement, reasonably acceptable to the providing Party, which holds the providing Party harmless on an after-tax basis with respect to forbearing to collect such Tax. With respect to any Tax or Tax controversy covered by this section H, the purchasing Party will be entitled to contest, pursuant to applicable law, and at its own expense, any Tax that it is ultimately obligated to pay. The purchasing Party will be entitled to the benefit of any refund or recovery resulting from such a contest. The providing Party will cooperate in any such contest. Failure to include Taxes on an invoice or to state a Tax separately shall not impair the obligation of the purchasing Party to pay any Tax. Nothing shall prevent the providing Party from paying any Tax to the appropriate taxing authority prior to the time: (1) it bills the purchasing Party for such Tax or (2) it collects the Tax from the purchasing Party. Notwithstanding anything in this Agreement to the contrary, the purchasing Party shall be liable for and the provisioning Party may collect Taxes which were assessed by or paid to an appropriate taxing authority within the statute of limitations period but not included on an invoice within four (4) years after the Tax otherwise was owed or due.