Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts. 28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8. 28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored. 28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party. 28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 15 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Disputed Amounts. 28.1.1 14.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.214.2, a Party CLEC shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party CBT received notice of such Disputed Amounts.
28.1.2 14.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Non- Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Non- Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.813.6.
28.1.3 14.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 14.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.314.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 14.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 14.1 shall remain confidential in accordance with Article XX VII and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 11 contracts
Sources: Local Exchange Telecommunications Services Resale Agreement, Local Exchange Telecommunications Services Resale Agreement, Local Exchange Telecommunications Services Resale Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.827.7.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 3 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such . Such written notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to submitted in accordance with the guidelines for submitting billing dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such claims set forth in CenturyLink’s CLEC Service Guide. Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party billing claims shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges be submitted no later than the second ▇▇▇▇ Bill Due Date. Failure by the billed Party to file any such claim before the Bill Due Date after means that the resolution total charges billed are due and payable to the billing Party on the due date. The billed Party may not withhold payment of amounts past the Disputedue date pending a later filing of a dispute, but must pay all amounts due for which it has not provided a written notice of dispute on or prior to the Bill Due Date. Accordingly, if a Non-Paying If the billed Party disputes charges after the Bill Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both BullsEye and CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of the Billing billed Party, the Non-Paying Parties shall cooperate to ensure that (a) the billing Party shall pay credit the Billing invoice of the billed Party the amount for that portion of the Disputed Amounts and Amount resolved in favor of the billed Party, together with any associated late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 9.4.2 If the Parties are unable to cannot resolve the issues related dispute through established billing dispute procedures within 180 days of the billed Party providing written notice of Disputed Amounts to the Disputed Amounts billing Party, the billed Party shall file a petition for formal dispute resolution pursuant to Section 20.3 of this Article (without regard for any further informal dispute resolution negotiations that may be referenced in Section 20.3). If the normal course billed Party fails to seek formal dispute resolution pursuant to Section 20.3 within one
(1) year of business within sixty (60) days after delivery the billed Party providing written notice to the Billing billing Party of notice of the such Disputed Amounts, each of the Parties shall appoint a designated representative who has authority billed Party waives its alleged entitlement to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order and/or right to discuss the Dispute and negotiate in good faith in an effort to resolve withhold such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honoredDisputed Amount.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 3 contracts
Sources: Resale Agreement, Resale Agreement, Resale Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure . Such written notice shall be submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyLink’s CLEC Service Guide. Disputed billing claims shall be submitted no later than the ▇▇▇▇ Due Date. Failure by the billed Party to provide file any such notice by claim before the ▇▇▇▇ Due Date means that date shall not preclude a the total charges billed are due and payable to the billing Party from subsequently challenging billed charges provided that such charges were paidon the due date. The Non-Paying billed Party shall may not withhold payment of amounts past the due date pending a later filing of a dispute, but must pay when all amounts due all undisputed amounts for which it has not provided a written notice of dispute on or prior to the Billing Party▇▇▇▇ Due Date. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying billed Party disputes charges after the ▇▇▇▇ Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both BendTel and CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying the billed Party, the Billing Parties shall cooperate to ensure that (a) the billing Party shall credit the invoice of the Non-Paying billed Party for the amount that portion of the Disputed Amounts along Amount resolved in favor of the billed Party, together with any applicable late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Traffic Exchange Agreement, Traffic Exchange Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”Amounts ") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Non- Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Non- Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Disputed Amounts. 28.1.1 754828.2 111308 1852C 96252093
a. If any portion of an amount due to a Party (the “Billing Party”ΑBilling Party≅) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “NonΑNon-Paying Party”Party≅) shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”ΑDisputed Amounts≅) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party. Notwithstanding Party and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed AmountsParties.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 b. If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 c. If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after referral of the Parties' appointment of designated representatives dispute pursuant to Section 28.3Article XXXIV of this Agreement, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 d. The Parties agree that all negotiations pursuant to this Section 28.1 35.5 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
e. Any amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such . Such written notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to submitted in accordance with the guidelines for submitting billing dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such claims set forth in CenturyLink’s CLEC Service Guide. Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party billing claims shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges be submitted no later than the second ▇▇▇▇ Bill Due Date. Failure by the billed Party to file any such claim before the Bill Due Date after means that the resolution total charges billed are due and payable to the billing Party on the due date. The billed Party may not withhold payment of amounts past the Disputedue date pending a later filing of a dispute, but must pay all amounts due for which it has not provided a written notice of dispute on or prior to the Bill Due Date. Accordingly, if a Non-Paying If the billed Party disputes charges after the Bill Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both QuantumShift and CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of the Billing billed Party, the Non-Paying Parties shall cooperate to ensure that (a) the billing Party shall pay credit the Billing invoice of the billed Party the amount for that portion of the Disputed Amounts and Amount resolved in favor of the billed Party, together with any associated late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Resale Agreement, Resale Agreement
Disputed Amounts. 28.1.1 27.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.227.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 27.2.2 Disputed Amounts in escrow shall be subject to interest charges as set forth in Section 26.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Non- Paying Party, (i) the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment interest charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the DisputeDispute and (ii) the escrowed Disputed Amounts shall be released to the Non-Paying Party, together with any accrued interest thereon. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, (x) the escrowed Disputed Amounts and any accrued interest thereon shall be released to the Billing Party and (y) the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment dispute regarding the Disputed Amounts pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of interest charges shall be assessed as set forth in such Billing Party is entitled pursuant to Section 27.826.6.
28.1.3 27.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty thirty (6030) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 27.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.327.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 27.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 27.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Disputed Amounts. 28.1.1 11.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Billed Party”) shall, prior to the next ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Billed Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Billed Party shall pay when due all undisputed amounts to the Billing PartyParty provided, however, that the Billed Party may withhold from payment any Disputed Amounts. Notwithstanding the foregoing, except as provided in Section 28.211.1, a Party shall be entitled to dispute only those charges for which the ▇▇▇▇ Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the 11.2.2 Such Disputed Amounts shall be subject to interest as set forth in Section 10.4.
11.2.3 When a billing dispute is resolved in favor of such Non-Paying Party, the Billed Party the following will occur within thirty (30) days:
(i) Payments made in excess of the amount found to be due will be reimbursed by the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if Party.
11.2.4 When a Non-Paying Party disputes charges and the billing dispute is resolved in favor of the Billing Party, Party the Non-Paying Party shall pay following will occur within thirty (30) days:
(i) Any amounts not paid but found to be due will be paid to the Billing Party Party.
(ii) Interest at the amount of rate and in the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth manner provided in Section 27.8184 will be paid by the Billed Party on any amount not paid and found to be due according to the dispute resolution provisions of this Agreement.
28.1.3 11.2.5 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty forty-five (6045) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 11.2.6 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.311.3, then either Party may file a complaint the issue shall be resolved in accordance with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment Section 11.5 of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Partythis Agreement.
28.1.5 11.2.7 The Parties agree that all negotiations pursuant to this Section 28.1 9.2 shall remain confidential in accordance with Article XX Section 32 and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Wireless E9 1 1 Service Access Agreement, Wireless E9 1 1 Service Access Agreement
Disputed Amounts. 28.1.1 27.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts that total $100,000 or more in a month into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. For example, if the disputed amount in a month is $75,000 the Party does not place such amount into escrow and if the disputed amount is $101,000 in a month, the entire amount will be placed in escrow. Notwithstanding the foregoing, except as provided in Section 28.227.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 27.2.2 Disputed Amounts in escrow shall be subject to interest charges as set forth in Section 26.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, (i) the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment interest charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the DisputeDispute and (ii) the escrowed Disputed Amounts shall be released to the Non-Paying Party, together with any accrued interest thereon. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, (x) the escrowed Disputed Amounts and any accrued interest thereon shall be released to the Billing Party and (y) the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Disputedispute regarding the Disputed Amounts pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of interest charges such Billing Party is entitled pursuant to Section 26.6. Late payment In no event, however, shall any interest charges shall be assessed as set forth in Section 27.8on any previously assessed interest charges.
28.1.3 27.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty thirty (6030) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 27.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.327.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 27.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 27.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Disputed Amounts. 28.1.1 14.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.214.2, a Party CLEC shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party CBT received notice of such Disputed Amounts.
28.1.2 14.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Non- Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Non- Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.813.6.
28.1.3 14.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 14.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.314.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 14.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 14.1 shall remain confidential in accordance with Article XX VII and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Local Exchange Telecommunications Services Resale Agreement, Local Exchange Telecommunications Services Resale Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such . Such written notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to submitted in accordance with the guidelines for submitting billing dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such claims set forth in CenturyLink’s CLEC Service Guide. Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party billing claims shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges be submitted no later than the second ▇▇▇▇ Bill Due Date. Failure by the billed Party to file any such claim before the Bill Due Date after means that the resolution total charges billed are due and payable to the billing Party on the due date. The billed Party may not withhold payment of amounts past the Disputedue date pending a later filing of a dispute, but must pay all amounts due for which it has not provided a written notice of dispute on or prior to the Bill Due Date. Accordingly, if a Non-Paying If the billed Party disputes charges after the Bill Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both MetTel and CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of the Billing billed Party, the Non-Paying Parties shall cooperate to ensure that (a) the billing Party shall pay credit the Billing invoice of the billed Party the amount for that portion of the Disputed Amounts and Amount resolved in favor of the billed Party, together with any associated late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Resale Agreement, Resale Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure . Such written notice shall be submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyLink’s CLEC Service Guide. Disputed billing claims shall be submitted no later than the ▇▇▇▇ Due Date. Failure by the billed Party to provide file any such notice by claim before the ▇▇▇▇ Due Date means that date shall not preclude a the total charges billed are due and payable to the billing Party from subsequently challenging billed charges provided that such charges were paidon the due date. The Non-Paying billed Party shall may not withhold payment of amounts past the due date pending a later filing of a dispute, but must pay when all amounts due all undisputed amounts for which it has not provided a written notice of dispute on or prior to the Billing Party▇▇▇▇ Due Date. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying billed Party disputes charges after the ▇▇▇▇ Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both QuantumShift and CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying the billed Party, the Billing Parties shall cooperate to ensure that (a) the billing Party shall credit the invoice of the Non-Paying billed Party for the amount that portion of the Disputed Amounts along Amount resolved in favor of the billed Party, together with any applicable late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 2 contracts
Sources: Resale Agreement, Resale Agreement
Disputed Amounts. 28.1.1 26.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.227.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 26.2.2 Disputed Amounts in escrow shall be subject to interest charges as set forth in Section 26.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Non- Paying Party, (i) the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment interest charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the DisputeDispute and (ii) the escrowed Disputed Amounts shall be released to the Non-Paying Party, together with any accrued interest thereon. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, (x) the escrowed Disputed Amounts and any accrued interest thereon shall be released to the Billing Party and (y) the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment dispute regarding the Disputed Amounts pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of interest charges shall be assessed as set forth in such Billing Party is entitled pursuant to Section 27.826.6.
28.1.3 26.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty thirty (6030) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 26.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.327.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 26.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 27.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.827.6.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“"Disputed Amounts”") and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such . Such written notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to submitted in accordance with the guidelines for submitting billing dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such claims set forth in CenturyTel's CLEC Service Guide. Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party billing claims shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges be submitted no later than the second ▇▇▇▇ Bill Due Date. Failure by the billed Party to file any such claim before the Bill Due Date after means that the resolution total charges billed are due and payable to the billing Party on the due date. The billed Party may not withhold payment of amounts past the Disputedue date pending a later filing of a dispute, but must pay all amounts due for which h has not provided a written notice of dispute on or prior to the Bill Due Date. Accordingly, if a Non-Paying If the billed Party disputes charges after the Bill Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both MetTel and CenturyTel agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of the Billing billed Party, the Non-Paying Parties shall cooperate to ensure that (a) the billing Party shall pay credit the Billing invoice of the billed Party the amount for that portion of the Disputed Amounts and Amount resolved in favor of the billed Party, together with any associated late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 9.4.2 If the Parties are unable to cannot resolve the issues related dispute through established billing dispute procedures within 180 days of the billed Party providing written notice of Disputed Amounts to the Disputed Amounts billing Party, the billed Party shall file a petition for formal dispute resolufion pursuant to Section 20.3 of this Article (without regard for any further informal dispute resolufion negofiafions that may be referenced in Section 20.3). If the normal course billed Party fails to seek formal dispute resolution pursuant to Secfion 20.3 within one
(1) year of business within sixty (60) days after delivery the billed Party providing written notice to the Billing billing Party of notice of the such Disputed Amounts, each of the Parties shall appoint a designated representative who has authority billed Party waives its alleged entitlement to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order and/or right to discuss the Dispute and negotiate in good faith in an effort to resolve withhold such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honoredDisputed Amount.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Resale Agreement
Disputed Amounts. 28.1.1 17.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying paying Party”) shall, prior to shall within forty-five (45) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, that a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying nonpaying Party shall pay when due due
(i) all undisputed amounts to the Billing PartyParty and (ii) all Disputed Amounts into an interest-bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the ▇▇▇▇ Due Date was within the immediately preceding eighteen twelve (1812) months of or the date on which the other Party received notice of such Disputed Amounts.
28.1.2 17.1.2 Disputed Amounts in escrow shall be subject to interest charges as set forth in Section 11. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, (i) the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment interest charges assessed no later than the second ▇▇▇▇ Due Date after the resolution of the DisputeDispute and (ii) the escrowed Disputed Amounts shall be released to the Non-Paying Party, together with any accrued interest thereon. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, (x) the escrowed Disputed Amounts and any accrued interest thereon shall be released to the Billing Party and (y) the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Disputedispute regarding the Disputed Amounts pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of interest charges such Billing Party is entitled pursuant to Section 11. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on interest charges.
28.1.3 17.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty thirty (6030) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint within five (5) business days after a Party’s receipt of such request a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; however however, all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 17.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.317.1.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 17.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 17.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
17.1.6 Any undisputed amounts not paid when due, and any disputed amounts for which an escrow is not established, shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1½%) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided. Such written notice shall be submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyTel’s CLEC Service Guide, howeveror as mutually agreed-to by the Parties. Disputed billing claims, a failure detailing the Disputed Amount withheld from payment, shall be submitted no later than the ▇▇▇▇ Due Date. Failure by the billed Party to provide file any such notice by claim before the ▇▇▇▇ Due Date means that date shall not preclude a the total charges billed are due and payable to the billing Party from subsequently challenging billed charges provided that such charges were paidon the due date. The Non-Paying billed Party shall may not withhold payment of amounts past the due date pending a later filing of a dispute, but must pay when all amounts due all undisputed amounts for which it has not provided a written notice of dispute on or prior to the Billing Party▇▇▇▇ Due Date. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying billed Party disputes charges after the ▇▇▇▇ Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both Sprint and CenturyTel agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution described in Section 20 of this Article III.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying the billed Party, the Billing Parties shall cooperate to ensure that (a) the billing Party shall credit the invoice of the Non-Paying billed Party for the amount that portion of the Disputed Amounts along Amount resolved in favor of the billed Party, together with any applicable late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 XXVIII.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. The Non-Paying Party shall be responsible for all costs associated with establishing the interest bearing escrow account and shall ensure that the account bears interest at an amount at least equal to that set forth in Section 22.4. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 XXVIII.2.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any interest associated late payment charges with those Disputed Amounts no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8dispute regarding the Disputed Amounts.
28.1.3 XXVIII.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 XXVIII.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 XXVIII.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure . Such written notice shall be submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyLink’s CLEC Service Guide Failure by the billed Party to provide file any such notice by claim before the ▇▇▇▇ Due Date means that date shall not preclude a the total charges billed are due and payable to the billing Party from subsequently challenging billed charges provided that such charges were paidon the due date. The Non-Paying billed Party shall may not withhold payment of amounts past the due date pending a later filing of a dispute, but must pay when all amounts due all undisputed amounts for which it has not provided a written notice of dispute on or prior to the Billing Party▇▇▇▇ Due Date. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying billed Party disputes charges after the ▇▇▇▇ Due Date and has not paid such charges, such charges shall be subject to late payment charges. If such dispute is found to be in favor of the billed Party , such late payment charges shall be credited to the account. Both Granite and CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying the billed Party, the Billing Parties shall cooperate to ensure that (a) the billing Party shall credit the invoice of the Non-Paying billed Party for the amount that portion of the Disputed Amounts along Amount resolved in favor of the billed Party, together with any applicable late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Resale Agreement
Disputed Amounts. 28.1.1 If 28.12.1 No claims, under this Agreement or its Appendices, shall be brought for disputed amounts more than twenty-four (24) months from the date of occurrence which gives rise to the dispute. Under this Section 28.12, if any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall SWBT/FULLTEL COMMUNICATIONS, INC. Page 41 of 45 pay when due (i) all undisputed amounts to the Billing Party and (ii) all Disputed Amounts to Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 28.12.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honoreddispute.
28.1.4 28.12.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.12.2, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 28.12.4 The Parties agree that all negotiations pursuant to this Section 28.1 28.12 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
28.12.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1 1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Interconnection Agreement (Fullnet Communications Inc)
Disputed Amounts. 28.1.1 If In the event that a billing dispute occurs concerning any portion charges billed to the billed Party by the billing Party the following provisions will apply.
(a) The first day of an amount due to a the dispute shall be the date on which the billed Party (furnishes in writing the “Billing Party”) billing Party with the account number under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to which the ▇▇▇▇ Due Datehas been rendered, give written notice to the Billing Party date of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of specific items on the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8being disputed.
28.1.3 (b) If the Parties are unable to resolve the issues related to the Disputed Amounts disputed amounts in the normal course of business within sixty ninety (6090) days after delivery to the Billing billing Party of notice of the Disputed Amountsdisputed amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 (c) If the Parties are unable to resolve issues related to the Disputed Amounts disputed amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3paragraph (b) above, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy matter shall be referred for resolution pursuant to law or equity. The Commission or Section 16 of the FCC may direct payment General Terms and Conditions of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Partythis Agreement.
28.1.5 (d) The Parties agree that all negotiations pursuant to this Section 28.1 10.3 with respect to disputed amounts shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
(e) If a billing dispute is resolved in favor of the billing Party, any payments withheld pending resolution of the dispute shall be subject to the late payment penalty as set forth in paragraph 10.2 (b) (iii) above. Further, the billed Party will not receive a disputed amount penalty credit and/or a late payment penalty credit.
(f) If a billed Party disputes a ▇▇▇▇ within three months of the payment date and pays the total billed amount on or before the payment date, and the billing dispute is resolved in favor of the billed Party, the billed Party will receive a credit for a disputed amount penalty from the billing Party for the period starting with the date of payment and ending on the date of resolution. The credit for a disputed amount penalty shall be the following: The disputed amount penalty shall be calculated by multiplying that portion of the disputed amount paid and resolved in the billed Party's favor times the lesser of:
(i) The highest interest rate (in decimal value) which may be allowed by law for commercial transactions, for the number of days from the first date to and including the last date of the period involved, or
(ii) 0.0005 per day for the number of days from the first date to and including the last date of the period involved.
(g) If the billed Party disputes a ▇▇▇▇ within three months of the payment date and pays the total billed amount after the payment date and the billing dispute is resolved in favor of the billed Party, the billed Party will receive a credit for a disputed amount penalty from the billing Party for the period starting with the date of payment and ending on the date of resolution. The credit for a disputed amount penalty shall be as set forth following. In addition, the late payment penalty applied to the disputed amount resolved in the billed Party's favor as set forth in paragraph 10.2(b)(iii) preceding will be credited.
(h) If the billed Party disputes a ▇▇▇▇ within three months of the payment date and does not pay the disputed amount or does not pay the billed amount (i.e., the non-disputed and disputed amount), and the billing dispute is resolved in favor of the billed Party, the billed Party will not receive a credit for a disputed amount penalty from the billing Party. The late payment penalty applied to the disputed amount resolved in the billing Party's favor as set forth in paragraph 10.2(b)(iii) preceding will not be credited.
(i) If a billed Party disputes a ▇▇▇▇ after three months from the payment date and pays the total billed amount on or before the dispute date or after the dispute date but prior to the date of resolution, and the billing dispute is resolved in favor of the billed Party, the billed Party will receive a credit for a disputed amount penalty from the billing Party for the period starting with the date of dispute (if the payment was received before or on the dispute date) or the date of payment (if the payment was received after the dispute date) and ending on the date of resolution. The credit for a disputed amount penalty shall be as set forth following. The billed Party will not receive a credit for the late payment penalty applied to the disputed amount resolved in the billed Party's favor if the payment was received on or before the dispute date. If the payment was received after the dispute date but prior to the date of resolution, the billed Party will receive a credit for a late payment penalty applied to the disputed amount resolved in the billed Party's favor times a late payment penalty factor for the period starting with the date of dispute and ending on the date of payment. The penalty factor shall be as set forth in paragraph 10.2(b)(iii) preceding.
(j) If the billed Party disputes a ▇▇▇▇ after three months from the payment date and does not pay the disputed amount or does not pay the billed amount (i.e., the non-disputed amount and disputed amount) and the billing dispute is resolved in favor of the billed Party, the billed Party will not receive a credit for a disputed amount penalty from the billing Party. The billed Party will receive a credit for the late payment penalty applied to the disputed amount resolved in the billed Party's favor times a late payment penalty factor for the period starting with the date of dispute and ending on the date of resolution. The penalty factor shall be as set forth in paragraph 10.2(b)(iii) preceding.
(k) Adjustments for the quantities of services established or discontinued in any billing period will be prorated to the number of days or major fraction of days based on a thirty (30) day month. The billing Party will, upon request and if available, furnish to the billed Party such detailed information as may reasonably be required for verification of any ▇▇▇▇.
(l) When a rate as set forth in this Agreement is shown to more than two decimal places, the charges will be determined using the rate shown. The resulting amount will then be rounded to the nearest ▇▇▇▇▇ (i.e., rounded to two decimal places).
Appears in 1 contract
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 31.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; , provided, however, that a failure to provide such such” notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing PartyParty and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 31.1.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 31.1.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the that Parties' ’ appointment of designated representatives pursuant to Section 28.331.1.2, then either Party may file a complaint with the Commission or FCC to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 31.1.4 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
31.1.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the rates set forth in Section 8.1.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 XXVIII.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Non‑Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Non‑Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the ▇▇▇▇ Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 XXVIII.2.2 If the Non-Paying Party disputes a charge and does not pay such Disputed Amounts by the ▇▇▇▇ Due Date, such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges assessed no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges assessed no later than the second ▇▇▇▇ Due Date after the resolution of the Disputedispute regarding the Disputed Amounts. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 XXVIII.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 XXVIII.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five forty‑five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 XXVIII.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 XXVIII.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 XXVIII.2.2 Such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Disputedispute regarding the Disputed Amounts. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 XXVIII.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 XXVIII.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 XXVIII.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If 30.12.1 No claims, under this Agreement or its Appendices, shall be brought for disputed amounts more than twenty-four (24) months from the date of occurrence which gives rise to the dispute. Under this Section 30.12, if any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due due:
(a) all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen ; and
(18b) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the all Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of to the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 30.12.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honoreddispute.
28.1.4 30.12.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.330.12.2, above, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 30.12.4 The Parties agree that all negotiations pursuant to this Section 28.1 30.12 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
30.12.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of:
(a) one and one-half percent (1-1/2%) per month; or
(b) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Non‑Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Non‑Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five forty‑five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 28.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. The Non-Paying Party shall be responsible for all costs associated with establishing the interest bearing escrow account and shall ensure that the account bears interest at an amount at least equal to that set forth in Section 22.4. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 28.2.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any interest associated late payment charges with those Disputed Amounts no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8dispute regarding the Disputed Amounts.
28.1.3 28.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 28.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 28.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 14.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.214.2, a Party GSI shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party CBT received notice of such Disputed Amounts.
28.1.2 14.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Non- Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Non- Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.813.6.
28.1.3 14.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 14.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.314.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 14.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 14.1 shall remain confidential in accordance with Article XX VII and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Local Exchange Telecommunications Services Resale Agreement
Disputed Amounts. 28.1.1 28.10.1 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to shall within one hundred and twenty (120) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 28.10.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 28.10.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.10.2, then (i) either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equityequity and (ii) each Party shall promptly pay all Disputed Amounts in an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 28.10.4 The Parties agree that all negotiations pursuant to this Section 28.1 28.10 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
28.10.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one- half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law. Any Disputed Amount which is later determined to be properly billed shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law.
28.10.6 Notwithstanding anything to the foregoing in this Agreement, neither Party shall ▇▇▇▇ the other Party for any charges that should have been billed to the other Party but were not billed ("Unbilled Charges") that were incurred more than one hundred and twenty (120) days prior to the date that the billing Party transmits a ▇▇▇▇ for such Unbilled Charges.
Appears in 1 contract
Disputed Amounts. 28.1.1 27.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.227.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 27.2.2 Disputed Amounts in escrow shall be subject to interest charges as set forth in Section 26.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Non- Paying Party, (i) the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment interest charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the DisputeDispute and (ii) the escrowed Disputed Amounts shall be released to the Non-Paying Party, together with any accrued interest thereon. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, (x) the escrowed Disputed Amounts and any accrued interest thereon shall be released to the Billing Party and (y) the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment dispute regarding the Disputed Amounts pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of interest charges shall be assessed as set forth in such Billing Party is entitled pursuant to Section 27.826.6.
28.1.3 27.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty thirty (6030) days after delivery to the Billing Party of notice of the 12716496.1 110201 1406C 00650405 Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 27.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.327.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 27.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 27.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 29.11.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to within thirty (30) days of its receipt of the ▇▇▇▇ Due Dateinvoice containing such disputed amount, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due due: (i) all undisputed amounts to the Billing Party. Notwithstanding ; and (ii) all Disputed Amounts into an interest bearing escrow account with a third Party escrow agent mutually agreed upon by the foregoing, except as provided in Section 28.2, a Party Parties.
29.11.2 Any undisputed amounts not paid when due shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of accrue interest from the date on which such amounts were due at the other Party received notice lesser of: (i) one and one-half percent (1-1/2%) per month; or (ii) the highest rate of interest that may be charged under applicable law.
29.11.3 Within seven (7) days of receipt of such Disputed Amounts.
28.1.2 If the Non-Paying notice each Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons person(s) with direct responsibility for the administration of this Agreement. The designated representatives Agreement and who shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort attempt to resolve such Disputethe issue through negotiations. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3representatives, or within fifty-two (52) days after receipt of such notice, then either Party may file a complaint with petition the Commission Board pursuant to the dispute resolution process described in Section 29.20, to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC Board may direct payment of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, in the escrow account, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “A Billing Party”Party@ ) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “A Non-Paying Party”Party@ ) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“A Disputed Amounts”Amounts@ ) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.827.6.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such . Such written notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to submitted in accordance with the guidelines for submitting billing dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such claims set forth in CenturyLink’s CLEC Service Guide. Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party billing claims shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges be submitted no later than the second ▇▇▇▇ Bill Due Date. Failure by the billed Party to file any such claim before the Bill Due Date after means that the resolution total charges billed are due and payable to the billing Party on the due date. The billed Party may not withhold payment of amounts past the Disputedue date pending a later filing of a dispute, but must pay all amounts due for which it has not provided a written notice of dispute on or prior to the Bill Due Date. Accordingly, if a Non-Paying If the billed Party disputes charges after the Bill Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both CLECand CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of the Billing billed Party, the Non-Paying Parties shall cooperate to ensure that (a) the billing Party shall pay credit the Billing invoice of the billed Party the amount for that portion of the Disputed Amounts and Amount resolved in favor of the billed Party, together with any associated late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection, Resale and/or Unbundling Agreement
Disputed Amounts. 28.1.1 31.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; , provided, however, that a failure to provide such such” notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing PartyParty and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the ▇▇▇▇ Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 31.1.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 31.1.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-forty- five (45) days after the that Parties' ’ appointment of designated representatives pursuant to Section 28.331.1.2, then either Party may file a complaint with the Commission or FCC to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 31.1.4 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
31.1.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the rates set forth in Section 8.1.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 28.11.1 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”") shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party. Notwithstanding Party and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed AmountsParties.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 28.11.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 28.11.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.11.2, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 28.11.4 The Parties agree that all negotiations pursuant to this Section 28.1 28.11 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
28.11.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one- half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Interconnection Agreement (Focal Communications Corp)
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure . Such written notice shall be submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyLink’s CLEC Service Guide Failure by the billed Party to provide file any such notice by claim before the Bill Due Date means that date shall not preclude a the total charges billed are due and payable to the billing Party from subsequently challenging billed charges provided that such charges were paidon the due date. The Non-Paying billed Party shall may not withhold payment of amounts past the due date pending a later filing of a dispute, but must pay when all amounts due all undisputed amounts for which it has not provided a written notice of dispute on or prior to the Billing PartyBill Due Date. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying billed Party disputes charges after the Bill Due Date and the has not paid such charges, such charges shall be subject to late payment charges. If such dispute is resolved found to be in favor of the billed Party , such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than shall be credited to the second ▇▇▇▇ Due Date after account. Both Spectrotel and CenturyLink agree to expedite the resolution investigation of any Disputed Amounts, promptly provide all documentation regarding the Dispute. Accordinglyamount disputed that is reasonably requested by the other Party, if a Non-Paying and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of the Billing billed Party, the Non-Paying Parties shall cooperate to ensure that (a) the billing Party shall pay credit the Billing invoice of the billed Party the amount for that portion of the Disputed Amounts and Amount resolved in favor of the billed Party, together with any associated late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Resale Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure . Such written notice shall be submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyLink’s CLEC Standard Practices. Disputed billing claims shall be submitted no later than the ▇▇▇▇ Due Date. Failure by the billed Party to provide file any such notice by claim before the ▇▇▇▇ Due Date means that date shall not preclude a the total charges billed are due and payable to the billing Party from subsequently challenging billed charges provided that such charges were paidon the due date. The Non-Paying billed Party shall may not withhold payment of amounts past the due date pending a later filing of a dispute, but must pay when all amounts due all undisputed amounts for which it has not provided a written notice of dispute on or prior to the Billing Party▇▇▇▇ Due Date. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying billed Party disputes charges after the ▇▇▇▇ Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both **CLEC and CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
14.5.1. If the billed Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying the billed Party, the Billing Parties shall cooperate to ensure that
(a) the billing Party shall credit the invoice of the Non-Paying billed Party for the amount that portion of the Disputed Amounts along Amount resolved in favor of the billed Party, together with any applicable late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Due Date after the resolution of the Disputebilling dispute.
14.5.2. Accordingly, if a Non-Paying Party disputes charges and If the Parties cannot resolve the dispute is resolved in favor through established billing dispute procedures within one-hundred eighty (180) days of the Billing billed Party providing written notice of Disputed Amounts to the billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either billed Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy petition for formal dispute resolution pursuant to law or equitySection 25 of this Article (without regard for any further informal dispute resolution negotiations that may be referenced in Section 25.4). The Commission or If the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, billed Party fails to be paid to either Party.
28.1.5 The Parties agree that all negotiations seek formal dispute resolution pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes 25.3 within one (1) year of the Federal Rules billed Party providing written notice to the billing Party of Evidence and state rules of evidencesuch Disputed Amounts, the billed Party waives its alleged entitlement to and/or right to withhold such Disputed Amount.
Appears in 1 contract
Sources: Interconnection, Resale and/or Unbundling Agreement
Disputed Amounts. 28.1.1 If 31.12.1 No claims, under this Agreement or its Appendices, shall be brought for disputed amounts more than twenty-four (24) months from the date of occurrence which gives rise to the dispute. Under this Section 31.12, if any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due due: (i) all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled ; and (ii) all Disputed Amounts to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed AmountsBilling Party.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 31.12.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honoreddispute.
28.1.4 31.12.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.330.12.2, above, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 31.12.4 The Parties agree that all negotiations pursuant to this Section 28.1 30.12 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
31.12.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of: (i) one and one-half percent (l-1/2%) per month; or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Exhibit (Dti Holdings Inc)
Disputed Amounts. 28.1.1 28.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the ▇▇▇▇ Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 28.2.2 If the Non-Paying Party disputes a charge and does not pay such Disputed Amounts by the ▇▇▇▇ Due Date, such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges assessed no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges assessed no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 28.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 28.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 28.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 16.2.1 If any portion of an amount due to a Party (the “”Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to shall within forty-five (45) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, that a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing PartyParty and (ii) all Disputed Amounts into an interest-bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of or the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If . Ameritech intends to use its originating recordings to review the Non-Paying Party disputes charges and the dispute is resolved in favor accuracy of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8▇’s bills.
28.1.3 16.2.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty thirty (6030) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; however however, all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 16.2.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.316.2.2, then either Party may file a complaint with the Commission or the FCC to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 16.2.4 The Parties agree that all negotiations pursuant to this Section 28.1 16.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
16.2.5 Any undisputed amounts not paid when due, and any disputed amounts for which an escrow is not established, shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 28.2.1 If any portion of an amount due to a Party (the “Billing the“Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Nonthe“Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 28.2.2 If the Non-Paying Party disputes a charge and does not pay such Disputed Amounts by the Bill Due Date, such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 28.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 28.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 28.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 thisSection 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 28.10.1 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to shall within one hundred and twenty (120) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 28.10.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 28.10.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.10.2, then (i) either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equityequity and (ii) each Party shall promptly pay all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 28.10.4 The Parties agree that all negotiations pursuant to this Section 28.1 28.10 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
28.10.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one- half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law. Any Disputed Amount which is later determined to be properly billed shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law.
28.10.6 Notwithstanding anything to the foregoing in this Agreement, neither Party shall ▇▇▇▇ the other Party for any charges that should have been billed to the other Party but were not billed ("Unbilled Charges") that were incurred more than one hundred and twenty (120) days prior to the date that the billing Party transmits a ▇▇▇▇ for such Unbilled Charges.
Appears in 1 contract
Disputed Amounts. 28.1.1 14.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.214.2, a Party Frontier shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party CBT received notice of such Disputed Amounts.
28.1.2 14.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Non- Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Non- Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.813.5.
28.1.3 14.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 14.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.314.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 14.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 14.1 shall remain confidential in accordance with Article XX VII and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Local Exchange Telecommunications Services Resale Agreement
Disputed Amounts. 28.1.1 (a) If any portion of an amount due to Customer does not agree that the Milestone associated with a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the PartiesRequest for Payment has been satisfactorily completed, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, Customer shall give written notice to Contractor within ten (10) Calendar Days after receipt by Customer of a Request for Payment. Upon receipt of such notice, the Billing Party Parties' respective Program Managers shall meet and use good faith efforts to resolve such disagreement.
(b) If the Parties' Program Managers fail to resolve such disagreement within thirty (30) Calendar Days after receipt by Customer of the Request for Payment, Customer shall deposit, subject to paragraph (d) below, within five (5) Calendar Days after expiration of the aforementioned thirty (30) Calendar Day period, all or a portion of the disputed Milestone Payment, in accordance with Table 5.3 below, into a separate, interest-bearing account to be established by Contractor at Contractor's commercial bank to hold solely and separately from all other corporate funds ("In-House Escrow Account"), any such amounts it disputes that may be disputed hereunder up to the limitations set forth in paragraph (“c) below.
(c) In no event shall any disputed amounts deposited into the In-House Escrow Account exceed the limitations set out below in Table 5.3: ***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(d) To the extent, if any, the aggregate of disputed Milestone Payment amounts exceeds the applicable limitation for the period in which the dispute over the Milestone Payment arises, Customer shall pay to Contractor the excess over the applicable limitation, pending resolution of the dispute in accordance with the provisions of this Article 5.3 (Disputed Amounts”).
(e) and include in such written notice the specific details and reasons for disputing The respective Chief Executive Officers of each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed meet to resolve the dispute within five (5) Calendar Days after the aforementioned thirty (30) Calendar Days following receipt by Customer of the Request for Payment.
(f) Withheld amounts shall remain in the In-House Escrow Account, or if any amounts are paid to Contractor pursuant to paragraph (d) above, Contractor shall retain such amounts, until the Chief Executive Officers resolve the dispute relating to such disputed payments. In the event the Chief Executive Officers cannot resolve such dispute, the Parties may, upon mutual agreement, seek resolution of such dispute pursuant to Article 27.2 (Arbitration). In any event, such unresolved dispute shall be referred to arbitration pursuant to Article 27.2 (Arbitration) after six (6) months following the date upon which such dispute was referred to the Billing PartyChief Executive Officers. Notwithstanding Contractor agrees that prior to the foregoingresolution of any dispute, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party including any disputes charges and the dispute is ultimately resolved in favor of Contractor, Contractor shall not remove or use any amounts deposited in the In-House Escrow Account.
(g) In the event it is determined by the Chief Executive Officers or any arbitral tribunal that the payment deposited in the In-House Escrow Account or any part thereof is due and payable to Contractor, Contractor may then release that amount from such Non-Paying PartyAccount for Contractor's use and retain all interest accrued thereon. In the event it is determined by the Chief Executive Officers or any arbitral tribunal that the withheld payment or any part thereof is due and payable to Customer, such amount shall be refunded to Customer within five (5) Calendar Days after such determination, including, to the Billing Party shall credit the invoice extent of the Non-Paying Party for the amount Chief Executive Officers' determination, any amounts paid by Customer, under paragraph (d) above, in excess of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall limitation on disputed amounts otherwise eligible to be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts placed in the normal course of business within sixty (60) days after delivery to In-House Escrow Account, together with interest on the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, total thereof to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential calculated in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes 34.10 (Calculation of the Federal Rules of Evidence and state rules of evidenceInterest).
Appears in 1 contract
Sources: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)
Disputed Amounts. 28.1.1 14.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.214.2, a Party EZ-Tel shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party CBT received notice of such Disputed Amounts.
28.1.2 14.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Non- Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Non- Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.813.5.
28.1.3 14.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 14.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.314.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 14.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 14.1 shall remain confidential in accordance with Article XX VII and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Local Exchange Telecommunications Services Resale Agreement
Disputed Amounts. 28.1.1 29.11.1 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”Party-) shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Non- Paying Party shall pay when due (i) all undisputed amounts to the Billing Party. Notwithstanding Party and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed AmountsParties.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 29.11.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 29.11.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.329.11.2, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 29.11.4 The Parties agree that all negotiations pursuant to this Section 28.1 29.11 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
29.11.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one- half percent (1-1/2 %) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Interconnection Agreement (Focal Communications Corp)
Disputed Amounts. 28.1.1 14.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.214.2, a Party NOW shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party CBT received notice of such Disputed Amounts.
28.1.2 14.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Non- Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Non- Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.813.6.
28.1.3 14.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 14.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.314.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 14.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 14.1 shall remain confidential in accordance with Article XX VII and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Local Exchange Telecommunications Services Resale Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”ABilling Party@) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “NonANon-Paying Party”Party@) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”ADisputed Amounts@) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.827.6.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 14.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.214.2, a Party JTC shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party CBT received notice of such Disputed Amounts.
28.1.2 14.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Non- Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Non- Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.813.6.
28.1.3 14.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 14.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.314.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 14.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 14.1 shall remain confidential in accordance with Article XX VII and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Local Exchange Telecommunications Services Resale Agreement
Disputed Amounts. 28.1.1 29.11.1 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to shall within thirty (30) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party. Notwithstanding Party and (ii) all Disputed Amounts into an interest bearing escrow account with a third Party escrow agent mutually agreed upon by the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed AmountsParties.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 29.11.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty ninety (6090) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 29.11.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.329.11.2, then either Party may file a complaint with the Commission Department to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC Department may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 29.11.4 The Parties agree that all negotiations pursuant to this Section 28.1 29.11 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence. Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Disputed Amounts. 28.1.1 XXVIII.2.1 If any portion of an amount due to a Party (the “Billing Party”Billing Party) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”Non‑Paying Party) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”Disputed Amounts) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Non‑Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the ▇▇▇▇ Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 XXVIII.2.2 Such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges assessed no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges assessed no later than the second ▇▇▇▇ Due Date after the resolution of the Disputedispute regarding the Disputed Amounts. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 XXVIII.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 XXVIII.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five forty‑five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.328.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 XXVIII.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 28.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 28.2.2 If the Non-Paying Party disputes a charge and does not pay such Disputed Amounts by the Bill Due Date, such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 28.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 28.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 28.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (( “Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.827.6.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the Parties, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure . Such written notice shall be submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyLink’s CMRS Service Guide. Disputed billing claims shall be submitted no later than the ▇▇▇▇ Due Date. Failure by the billed Party to provide file any such notice by claim before the ▇▇▇▇ Due Date means that date shall not preclude a the total charges billed are due and payable to the billing Party from subsequently challenging billed charges provided that such charges were paidon the due date. The Non-Paying billed Party shall may not withhold payment of amounts past the due date pending a later filing of a dispute, but must pay when all amounts due all undisputed amounts for which it has not provided a written notice of dispute on or prior to the Billing Party▇▇▇▇ Due Date. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying billed Party disputes charges after the ▇▇▇▇ Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both Pine Belt and CenturyLink agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying the billed Party, the Billing Parties shall cooperate to ensure that (a) the billing Party shall credit the invoice of the Non-Paying billed Party for the amount that portion of the Disputed Amounts along Amount resolved in favor of the billed Party, together with any applicable late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and billing dispute.
9.4.2 If the Parties cannot resolve the dispute is resolved in favor through established billing dispute procedures within 180 days of the Billing billed Party providing written notice of Disputed Amounts to the billing Party, the Non-Paying billed Party shall pay file a petition for formal dispute resolution pursuant to Section 20.3 of this Article (without regard for any further informal dispute resolution negotiations that may be referenced in Section 20.3). If the Billing billed Party the amount fails to seek formal dispute resolution pursuant to Section 20.3 within one (1) year of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related billed Party providing written notice to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing billing Party of notice of the such Disputed Amounts, each of the Parties shall appoint a designated representative who has authority billed Party waives its alleged entitlement to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order and/or right to discuss the Dispute and negotiate in good faith in an effort to resolve withhold such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honoredDisputed Amount.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection and Reciprocal Compensation Agreement
Disputed Amounts. 28.1.1 29.11.1 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to shall within thirty (30) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Non- Paying Party shall pay when due (i) all undisputed amounts to the Billing Party. Notwithstanding Party and (ii) all Disputed Amounts into an interest bearing escrow account with a third Party escrow agent mutually agreed upon by the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed AmountsParties.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 29.11.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty ninety (6090) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 29.11.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.329.11.2, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 29.11.4 The Parties agree that all negotiations pursuant to this Section 28.1 29.11 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
29.11.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of (i) one and one- half percent (1-1/2%) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Interconnection Agreement (Focal Communications Corp)
Disputed Amounts. 28.1.1 XXVIII.1.1 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the ▇▇▇▇ Due Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 XXVIII.1.2 If the Non-Paying Party disputes a charge and does not pay such Disputed Amounts by the ▇▇▇▇ Due Date, such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 XXVIII.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 XXVIII.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 XXVIII.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement (21st Century Telecom Group Inc)
Disputed Amounts. 28.1.1 27.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party, and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.227.1, a Party shall be entitled to dispute only those charges for which the ▇▇▇▇ Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 27.2.2 Disputed Amounts in escrow shall be subject to interest charges as set forth in Section 26.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Non- Paying Party, (i) the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment interest charges assessed no later than the second ▇▇▇▇ Due Date after the resolution of the DisputeDispute and (ii) the escrowed Disputed Amounts shall be released to the Non-Paying Party, together with any accrued interest thereon. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, (x) the escrowed Disputed Amounts and any accrued interest thereon shall be released to the Billing Party and (y) the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment dispute regarding the Disputed Amounts pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of interest charges shall be assessed as set forth in such Billing Party is entitled pursuant to Section 27.826.6.
28.1.3 27.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty thirty (6030) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute Disputed Amounts and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute Disputed Amounts and negotiate in good faith in an effort to resolve such DisputeDisputed Amounts. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 27.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.327.2.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court of competent jurisdiction may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 27.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 27.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If 30.12.1 No claims, under this Agreement or its Appendices, shall be brought for disputed amounts more than twenty-four (24) months from the date of occurrence which gives rise to the dispute. Under this Section 30 12, if any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “"Non-Paying Party”") shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“"Disputed Amounts”") and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due due: (i) all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled : and (ii) all Disputed Amounts to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed AmountsBilling Party.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 30.12.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honoreddispute.
28.1.4 30.12.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.330.12.2, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 30.12.4 The Parties agree that all negotiations pursuant to this Section 28.1 30.12 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
30.12.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the lesser of: (i) one and one- half percent (1-1/2%) per month; or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the PartiesParties including disputes related to Section 1.2 of Article VI, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided. Such written notice shall be submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyTel’s CLEC Service Guide, howeveror as mutually agreed-to by the Parties. Disputed billing claims, a failure detailing the Disputed Amount withheld from payment, shall be submitted no later than the ▇▇▇▇ Due Date. Failure by the billed Party to provide file any such notice by claim before the ▇▇▇▇ Due Date means that date shall not preclude a the total charges billed are due and payable to the billing Party from subsequently challenging billed charges provided that such charges were paidon the due date. The Non-Paying billed Party shall may not withhold payment of amounts past the due date pending a later filing of a dispute, but must pay when all amounts due all undisputed amounts for which it has not provided a written notice of dispute on or prior to the Billing Party▇▇▇▇ Due Date. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying billed Party disputes charges after the ▇▇▇▇ Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both Sprint and CenturyTel agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution described in Section 20 of this Article III.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of such Non-Paying the billed Party, the Billing Parties shall cooperate to ensure that (a) the billing Party shall credit the invoice of the Non-Paying billed Party for the amount that portion of the Disputed Amounts along Amount resolved in favor of the billed Party, together with any applicable late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 17.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying paying Party”) shall, prior to shall within forty-five (45) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, that a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying nonpaying Party shall pay when due due
(i) all undisputed amounts to the Billing PartyParty and (ii) all Disputed Amounts into an interest-bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of or the date on which the other Party received notice of such Disputed Amounts.
28.1.2 17.1.2 Disputed Amounts in escrow shall be subject to interest charges as set forth in Section 11. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, (i) the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment interest charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the DisputeDispute and (ii) the escrowed Disputed Amounts shall be released to the Non-Paying Party, together with any accrued interest thereon. Accordingly, if a Non-Paying Party disputes charges and the dispute regarding the Disputed Amounts is resolved in favor of the Billing Party, (x) the escrowed Disputed Amounts and any accrued interest thereon shall be released to the Billing Party and (y) the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Disputedispute regarding the Disputed Amounts pay the Billing Party the difference between the amount of accrued interest such Billing Party received from the escrow disbursement and the amount of interest charges such Billing Party is entitled pursuant to Section 11. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on interest charges.
28.1.3 17.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty thirty (6030) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint within five (5) business days after a Party’s receipt of such request a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; however however, all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 17.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five thirty (4530) days after the Parties' ’ appointment of designated representatives pursuant to Section 28.317.1.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant available to law or equitythe Parties. The Commission or the FCC or a court may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 17.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 17.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
17.1.6 Any undisputed amounts not paid when due, and any disputed amounts for which an escrow is not established, shall accrue interest from the date such amounts were due at the lesser of (i) one and one-half percent (1½%) per month or (ii) the highest rate of interest that may be charged under applicable law.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 XXVIII.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 XXVIII.2.2 If the Non-Paying Party disputes a charge and does not pay such Disputed Amounts by the Bill Due Date, such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 XXVIII.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 XXVIII.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 XXVIII.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to billed by a Party (the “Billing Party”) under this Agreement is subject to a bona fide good faith dispute between the PartiesParties including disputes related to Section 1.2 of Article VI, the billed Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, shall give written notice to the Billing billing Party of the amounts it disputes (“Disputed Amounts”) and shall include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such . Such written notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled submitted in accordance with the guidelines for submitting billing dispute claims set forth in CenturyTel’s CLEC Service Guide, or as mutually agreed-to dispute only those charges for which by the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Parties. Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Partybilling claims, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of detailing the Disputed Amounts along with any applicable late payment charges Amount withheld from payment, shall be submitted no later than the second ▇▇▇▇ Bill Due Date. Failure by the billed Party to file any such claim before the Bill Due Date after means that the resolution total charges billed are due and payable to the billing Party on the due date. The billed Party may not withhold payment of amounts past the Disputedue date pending a later filing of a dispute, but must pay all amounts due for which it has not provided a written notice of dispute on or prior to the Bill Due Date. Accordingly, if a Non-Paying If the billed Party disputes charges after the Bill Due Date and has not paid such charges, such charges shall be subject to late payment charges. Both Sprint and CenturyTel agree to expedite the investigation of any Disputed Amounts, promptly provide all documentation regarding the amount disputed that is reasonably requested by the other Party, and work in good faith in an effort to resolve and settle the dispute through informal means prior to initiating formal dispute resolution described in Section 20 of this Article III.
9.4.1 If the billed Party disputes any charges and any portion of the dispute is resolved in favor of the Billing billed Party, the Non-Paying Parties shall cooperate to ensure that (a) the billing Party shall pay credit the Billing invoice of the billed Party the amount for that portion of the Disputed Amounts and Amount resolved in favor of the billed Party, together with any associated late payment charges assessed with respect thereto no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8billing dispute.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 31.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to shall within sixty (60) days of its receipt of the ▇▇▇▇ Due Date, invoice containing such disputed amount give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; , provided, however, that a failure to provide such such” notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing PartyParty and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 31.1.2 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute dispute and negotiate in good faith in an effort to resolve such Disputedispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.honored.
28.1.4 31.1.3 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-forty- five (45) days after the that Parties' ’ appointment of designated representatives pursuant to Section 28.331.1.2, then either Party may file a complaint with the Commission or FCC to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment release of any or all Disputed Amounts funds (including any accrued interest) thereon or additional amounts awardedin the escrow account, plus applicable late fees, to be paid to either Party.
28.1.5 31.1.4 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
31.1.5 Any undisputed amounts not paid when due shall accrue interest from the date such amounts were due at the rates set forth in Section 8.1.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8.
28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) calendar days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) calendar days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement
Disputed Amounts. 28.1.1 14.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (( “Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.214.2, a Party Phone- Link shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party CBT received notice of such Disputed Amounts.
28.1.2 14.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.813.5.
28.1.3 14.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 14.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.314.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party.
28.1.5 14.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 14.1 shall remain confidential in accordance with Article XX VII and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Local Exchange Telecommunications Services Resale Agreement
Disputed Amounts. 28.1.1 XXVIII.2.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the ▇▇▇▇ Bill Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paidcharges. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.228.1, a Party shall be entitled to dispute only those charges for which the Bill Due Date was within the immediately preceding eighteen twelve (1812) months of the date on which the other Party received notice of such Disputed Amounts.
28.1.2 XXVIII.2.2 If the Non-Paying Party disputes a charge and does not pay such Disputed Amounts by the Bill Due Date, such Disputed Amounts shall be subject to late payment charges as set forth in Section 27.4. If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Non- Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges assessed no later than the second ▇▇▇▇ Bill Due Date after the resolution of the Dispute. Late In no event, however, shall any late payment charges shall be assessed as set forth in Section 27.8on any previously assessed late payment charges.
28.1.3 XXVIII.2.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; , however all reasonable requests for relevant information made by one Party to the other Party shall be honored.
28.1.4 XXVIII.2.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, awarded plus applicable late fees, to be paid to either Party.
28.1.5 XXVIII.2.5 The Parties agree that all negotiations pursuant to this Section 28.1 28.2 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Appears in 1 contract
Sources: Interconnection Agreement