Commingling and Combinations Clause Samples
The Commingling and Combinations clause governs how a party may mix or combine goods, materials, or assets that are subject to a contract with other similar items not covered by the agreement. In practice, this clause typically sets out requirements for keeping contract-specific items separate, or, if mixing is permitted, for maintaining clear records to identify ownership or allocation. Its core function is to prevent disputes over ownership or responsibility by ensuring that the parties can always distinguish between contract-related and non-contract-related items, thereby protecting each party’s interests and clarifying rights in the event of loss, damage, or default.
Commingling and Combinations. 3.11.1 Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Amended Agreement pursuant to the Federal Unbundling Rules or under a Verizon UNE tariff (“Qualifying UNEs”), with any non-Section 251(c)(3) wholesale services and facilities obtained from Verizon under a Verizon access tariff or separate non-251 agreement or as Section 251(c)(4) resale under the Agreement (“Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by the Federal Unbundling Rules. Moreover, to the extent and so long as required by the Federal Unbundling Rules (subject to Section 3.11.1.3 below), Verizon shall, upon request of ▇▇▇▇▇, perform the functions necessary to commingle or combine Qualifying UNEs with Wholesale Services obtained from Verizon. The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided, however, that if any commingling requested by Supra requires Verizon to perform physical work that Verizon is required to perform under the Federal Unbundling Rules, then Verizon's charges previously approved by the Commission for such work shall apply.
Commingling and Combinations