Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date of this Agreement shall be May 1, 2006. 5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4. 5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so. 5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to Commission approval, the an earlier Effective Date Date.
9.2 The “Initial Term” of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon two (2) years from the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later shall then automatically renew on April 30, 2009a year-to-year basis. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Initial Term, either Party may terminate this Agreement after delivering by providing written notice of termination to the other Party, with such written notice to be provided at least 180 calendar sixty (60) days advanced in advance of the date of termination.
9.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligation.
9.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For ▇▇▇▇▇▇▇▇▇▇▇, authority involves the provision of local exchange or exchange access services. For Tritel, authority involves the provision of CMRS services under license from the Federal Communications Commission.
9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement.
9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 2 contracts
Sources: Facilities Based Network Interconnection Agreement, Facilities Based Network Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on 1yr plus 90 days (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true-up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i) , the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety-first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date of this Agreement shall be May 1, 2006.
5.2 8.1 The initial term of this Agreement shall commence upon is from the Effective Date of this through August 31, 2016 and shall then automatically renew on a month to month basis. The Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either Party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term or any renewal term by one Party of providing written notice from of termination to the other Party within 180 calendar one hundred eighty (180) days prior to the expiration end of the Term initial term or any renewal term. In the event such notice of termination is provided and either Party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after the (i) until this Agreement has been replaced by a new agreement or (ii) for up to one hundred eighty
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For AMERY, authority involves the provision of Telecommunications services as certificated by the Commission. For VERIZON WIRELESS, authority involves the provision of CMRS under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) calendar days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement will be effective as of July 1, 2005 pending execution by both Parties subject to Commission approval, approval by the Effective Date Commission. The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon two years from the Effective Date of this and shall then automatically renew on a year-to-year basis. The Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until may be terminated by either Party at the end of the initial term (or any renewal term) by providing written notice of termination to the other Party at least sixty
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(b) each Party’s indemnification obligations shall survive termination or expiration of this Agreement to the extent the claim arose during term of the Agreement.
8.3 The arrangements pursuant to Section 5.3 this Agreement including the provision of services or 5.4facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For TCCC, authority involves the provisions of Exchange Service or Exchange Access Service. For ACC, authority involves the provision of CMRS service under license from the Federal Communications Commission.
5.3 Notwithstanding any other provision of 8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the provision default Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on September 21, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30September 21, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date through May 31, 2006 and shall then automatically renew on a year-to-year basis. The Agreement may be terminated by either Party at the end of this Agreement and shall, because CLEC has implemented the initial term by providing sixty (i.e. ordered facilities60) days written notice of termination to the other Party. In the event such notice of termination is provided, and submitted ASRs for trunking) at either Party requests in good faith to renegotiate a successor agreement under the time provisions of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermAct, this Agreement shall remain in full force and effect on and after the (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall survive Termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For CITIZENS, authority involves the provisions of Exchange Service or Exchange Access Service. For ALLTEL, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party, provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the The “Effective Date Date” of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on two years plus 90 days (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network ElementsService, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 through 5.9. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with this Section 5:
5.5.1 Each Party shall continue to comply with its obligations set forth in Sections 14, 16 and 29; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement and, if applicable, place any Disputed Amounts into an escrow account that complies with Section 8.4.5 hereof.
5.6 If either Party serves notice of expiration or termination pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS or instead affirmatively state that CLEC does not wish to pursue a successor agreement with SBC ILLINOIS for a given state and allow its relationship with SBC ILLINOIS to terminate co-terminus with this Agreement. CLEC shall identify the action to be taken. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 If CLEC does issue its Section 252(a)(1) request pursuant to Section 5.6, the rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act and (ii) the date that is ten (10) months after the date on which SBC ILLINOIS received CLEC’s Section 252(a)(1) request.
5.8 If CLEC withdraws its Section 252(a)(1) request prior to or after the expiration date or termination date of this Agreement, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC ILLINOIS. If CLEC withdraws its Section 252(a)(1) request prior to the expiration of the Term, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term, and 2) the date that is ninety one (91) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If CLEC withdraws its Section 252(a)(1) request after the expiration of the Term then the terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the ninety-first (91st) calendar day following SBC ILLINOIS's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request and (ii) the effective date of the successor agreement that is adopted by CLEC under Section 252(i) of the Act. 5.6 after receipt of the SBC-owned ILEC’s notice of expiration or termination pursuant to Section 5.2, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the expiration of the Term. If the Term has expired when CLEC receives notice of termination from SBC ILLINOIS pursuant to Section 5.4 and CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS as described in Section 5.6, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the date that is ninety-one (91) days after CLEC received notice of termination from SBC ILLINOIS under Section 5.4.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement unless the parties decide, by mutual agreement, to Commission approval, the Effective Date an earlier effective date.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented two (i.e. ordered facilities, and submitted ASRs for trunking2) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreementinitial term, either Party may terminate this Agreement and by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangements pursuant to this Agreement including the provision of any Interconnectionservices or facilities shall immediately terminate upon the suspension, Resale Servicesrevocation or termination by other means of either Party’s authority to provide services. For Brandenburg, 251(c)(3) Unbundled Network Elementsauthority involves the provision of local exchange or exchange access services. For SPRINT PCS, functions, facilities, products or authority involves the provision of CMRS services provided under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Agreement may be terminated by either Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five upon not less than ten (4510) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party;
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement; or
(c) Default as may be defined elsewhere in this Agreement.
Appears in 1 contract
Sources: Telecommunications
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement unless the parties decide, by mutual agreement, to Commission approval, the Effective Date an earlier effective date.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented two (i.e. ordered facilities, and submitted ASRs for trunking2) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreementinitial term, either Party may terminate this Agreement and by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangement pursuant to this Agreement including the provision of any Interconnectionservices or facilities shall immediately terminate upon the suspension, Resale Servicesrevocation or termination by other means of either Party's authority to provide services. For ▇▇▇▇▇▇▇▇▇▇▇, 251(c)(3) Unbundled Network Elementsauthority involves the provision of local exchange or exchange access services. For WMCI, functions, facilities, products or authority involves the provision of CMRS services provided under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Agreement may be terminated by either Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five upon not less than ten (4510) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of days written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party' s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party's refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to 8.1 This Agreement shall become effective ten (10) days following State Commission approvalapproval of this Agreement. When the Agreement becomes effective, the Effective Date provisions contained in Section 2.0 of this Agreement shall apply with respect to the interpretation and construction of this Agreement and its ongoing relation to other references, including subsequent tariffs.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented two (i.e. ordered facilities, and submitted ASRs for trunking2) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreementinitial term, either Party may terminate this Agreement and by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(1) each Party shall comply immediately with its obligations set forth above;
(2) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(3) each Party’s indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangements pursuant to this Agreement including the provision of any Interconnectionservices or facilities shall immediately terminate upon the suspension, Resale Servicesrevocation or termination by other means of either Party’s authority to provides services. For Duo County Telephone Cooperative, 251(c)(3) Unbundled Network Elementsauthority involves the provision of local exchange or exchange access services. For Bluegrass Cellular, functions, facilities, products or authority involves the provision of CMRS services provided under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Agreement may be terminated by either Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five upon not less than ten (4510) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written days notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
1) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
2) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April through June 30, 20092009 and shall then automatically renew on a year-to- year basis. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this The Agreement shall remain in full force and effect on and after the expiration of the Term until may be terminated by either Party pursuant at the end of the initial term or any renewal term by providing
(i) until this Agreement has been replaced by a new agreement, or (ii) for up to Section 5.3 or 5.4one hundred eighty (180) calendar days following the date of termination, whichever is earlier.
5.3 Notwithstanding 8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any other provision late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall sur vive termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For ▇▇▇▇▇▇▇, authority involves the provision of Exchange Service or Exchange Access Service. For USCC, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party, provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection and Reciprocal Compensation Agreement
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement will be effective as of December 1, 2005, pending execution by both Parties and subject to Commission approval, approval by the Effective Date Commission. The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon three (3) years from the Effective Date of this and shall then automatically renew on a year-to-year basis. The Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either Party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided and either Party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one year following the date of termination, whichever is earlier. Notwithstanding the foregoing, if there is arbitration or litigation concerning the development of a replacement arrangement at the end of the one-year period discussed above, this Agreement shall be extended until the conclusion of the arbitration or litigation.
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(b) each Party’s indemnification obligations shall survive termination or expiration of this Agreement to the Term until extent the claim arose during term of the Agreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For PCTC authority involves the provisions of Exchange Service or Exchange Access Service. For ACC, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the provision default Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date of this through December 31, 2012 and shall then automatically renew on a year-to-year basis. The Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until may be terminated by either Party pursuant at the end of the initial term or any renewal term by providing
(i) until this Agreement has been replaced by a new agreement, or (ii) for up to Section 5.3 or 5.4one hundred eighty (180) calendar days following the date of termination, whichever is earlier.
5.3 Notwithstanding 8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any other provision late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For PCTC, authority involves the provision of Exchange Service or Exchange Access Service. For USCC, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection and Reciprocal Compensation Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, shall expire three years later on April 30, 2009from the date (the “Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, Baraga shall have ten (10) days to provide AM-MI written confirmation if Baraga wishes to pursue a successor agreement with AM-MI or terminate its agreement. Baraga shall identify the action to be taken on each applicable (13) state(s). If Baraga wishes to pursue a successor agreement with AM-MI, Baraga shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with AM-MI under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of Baraga Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which AM-MI received Baraga Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro-active true-up shall be completed within 90 days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), Baraga withdraws its Section 252(a)(1) request, Baraga must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that Baraga does not wish to pursue a successor agreement with AM-MI for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date Baraga provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following AM-MI receipt of Baraga notice of withdrawal of its Section 252(a)(1) request, unless Baraga provided AM-MI notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If Baraga does not affirmatively state that it wishes to pursue a successor agreement with AM-MI in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of AM-MI’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date Baraga provided or received notice of expiration or termination. On the ninety-first (91) day following Baraga provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, AM-MI and Baraga shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that Baraga shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date through July 31st, 2006 and shall then automatically renew on a year-to-year basis. The Agreement may be terminated by either Party at the end of this Agreement and shall, because CLEC has implemented the initial term by providing sixty (i.e. ordered facilities60) days written notice of termination to the other Party. In the event such notice of termination is provided, and submitted ASRs for trunking) at either Party requests in good faith to renegotiate a successor agreement under the time provisions of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermAct, this Agreement shall remain in full force and effect on and after the (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For CTCI, authority involves the provision of Exchange Service or Exchange Access Service. For ALLTEL, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement unless the parties decide, by mutual agreement, to Commission approval, the Effective Date an earlier effective date.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented two (i.e. ordered facilities, and submitted ASRs for trunking2) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreementinitial term, either Party may terminate this Agreement and by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangements pursuant to this Agreement including the provision of any Interconnectionservices or facilities shall immediately terminate upon the suspension, Resale Servicesrevocation or termination by other means of either Party’s authority to provide services. For ▇▇▇▇▇▇▇▇▇▇▇, 251(c)(3) Unbundled Network Elementsauthority involves the provision of local exchange or exchange access services. For NEXTEL PARTNERS, functions, facilities, products or authority involves the provision of CMRS services provided under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Agreement may be terminated by either Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five upon not less than ten (4510) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, 8.1 This Agreement shall become effective upon execution by the Effective Date Parties.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 two (2) years from the effective date and shall then automatically renew on a year-to-year basis. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For HTC, authority involves the provision of local exchange or exchange access services. For ACC OF KENTUCKY, authority involves the provision of CMRS services under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3upon not less than thirty (30) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1from the Effective Date through October 31, 2006.2006 and shall then automatically renew on a year-to- year basis. The Agreement may be
5.2 The term 8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall commence upon the Effective Date promptly pay all amounts (including any late payment charges) owed under this Agreement;
(b) each Party’s indemnification obligations shall survive termination or expiration of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at to the time extent the claim arose during term of the Effective DateAgreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, expire three years later on April 30revocation or termination by other means of either Party’s authority to provide services. For CITIZENS, 2009authority involves the provisions of Exchange Service or Exchange Access Service. Absent For SPRINT, authority involves the receipt by one Party provision of written notice CMRS service under license from the other Party within 180 calendar days prior Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the provision default Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on February 6, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30Februrary 6, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on April 28, because 2008, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 3028, 20092009 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42, Scope of this Agreement; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 10.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party's indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, 8.1 This Agreement shall become effective upon execution by the Effective Date Parties.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 two (2) years from the effective date and shall then automatically renew on a year-to-year basis. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The interconnection arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For SCRTC, authority involves the provision of local exchange or exchange access services. For Bluegrass, authority involves the provision of CMRS services under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3upon not less than thirty (30) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date of this through December 31, 2005 and shall then automatically renew on a year-to-year basis. The Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided, and either Party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after the effect: (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(b) each Party’s indemnification obligations shall survive termination or expiration of this Agreement to the Term until extent the claim arose during the term of the Agreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For ▇▇▇▇▇▇, authority involves the provisions of Exchange Service or Exchange Access Service. For SPRINT, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the non-paying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay the undisputed amounts within 30 days of the written notice.
8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the provision default Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on August 3, because CLEC has implemented 2001 (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party at least within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party's confidentiality obligations shall survive; and
5.5.4 Each Party 's indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC-13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. On the ninety-first (91) day following SBC-13STATE's receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request, unless CLEC provided SBC-13STATE notice of a Section 252(i) adoption in the interim, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.9 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of SBC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect for a period of ninety (90) days after the date CLEC provided or received notice of expiration or termination. On the ninety- first (91) day following CLEC provided or received notice of expiration or termination, the Parties shall, subject to Section 5.5, have no further obligations under this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date, termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the This Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented shall expire on 1yr plus 90 days (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009“Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network ElementsElement s, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-forty- five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-forty- five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and 5.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 5.5 and 5.6.
5.5 Upon termination or expiration of this Agreement in accordance with Sections 5.2, 5.3 or 5.4:
5.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
5.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
5.5.3 Each Party’s confidentiality obligations shall survive; and
5.5.4 Each Party’s indemnification obligations shall survive.
5.6 If either Party serves notice of expiration pursuant to Section 5.2 or Section 5.4, CLEC shall have ten (10) calendar days to provide SBC-13STATE written confirmation if CLEC wishes to pursue a successor agreement with SBC- 13STATE or terminate its agreement. CLEC shall identify the action to be taken on each applicable (13) state(s). If CLEC wishes to pursue a successor agreement with SBC-13STATE, CLEC shall attach to its written confirmation or notice of expiration/termination, as applicable, a written request to commence negotiations with SBC-13STATE under Sections 251/252 of the Act and identify each of the state(s) the successor agreement will cover. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
5.7 The rates, terms and conditions of this Agreement shall continue in full force and effect until the earlier of (i) the effective date of its successor agreement, whether such successor agreement is established via negotiation, arbitration or pursuant to Section 252(i) of the Act; or (ii) the date that is ten (10) months after the date on which SBC-13STATE received CLEC’s Section 252(a)(1) request; provided, however, when a successor agreement becomes effective, the terms, rates and charges of such successor Agreement shall apply retroactively back to the date this Agreement is terminated or expires, whichever is later, and that the retro- active true- up shall be completed within ninety (90) calendar days following the effective date of such successor Agreement.
5.8 If at any time during the Section 252(a)(1) negotiation process (prior to or after the expiration date or termination date of this Agreement), CLEC withdraws its Section 252(a)(1) request, CLEC must include in its notice of withdrawal a request to adopt a successor agreement under Section 252(i) of the Act or affirmatively state that CLEC does not wish to pursue a successor agreement with SBC-13STATE for a given state. The rates, terms and cond itions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provides notice of withdrawal of its Section 252(a)(1) request. If the Term of this Agreement has expired, on the earlier of (i) the ninety-first (91st) calendar day following SBC-13STATE’s receipt of CLEC's notice of withdrawal of its Section 252(a)(1) request or (ii) the effective date of the agreement following approval by the Commission of the adoption of an agreement under 252(i), the Parties shall, have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.9 If CLEC does not affirmatively state that it wis hes to pursue a successor agreement with SBC-13STATE in its, as applicable, notice of expiration or termination or the written confirmation required after receipt of the SBC-owned ILEC’s notice of expiration or termination, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received notice of expiration or termination. If the Term of this Agreement has expired, on the ninety- first (91st) day following CLEC provided or received notice of expiration or termination, the Parties shall have no further obligations under this Agreement except those set forth in Section 5.5 of this Agreement.
5.10 In the event of termination of this Agreement pursuant to Section 5.9, SBC- 13STATE and CLEC shall cooperate in good faith to effect an orderly transition of service under this Agreement; provided that CLEC shall be solely responsible (from a financial, operational and administrative standpoint) to ensure that its End Users have been transitioned to a new LEC by the expiration date or termination date of this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date through March 31st, 2006 and shall then automatically renew on a year-to-year basis. The Agreement may be terminated by either Party at the end of this Agreement and shall, because CLEC has implemented the initial term by providing sixty (i.e. ordered facilities60) days written notice of termination to the other Party. In the event such notice of termination is provided, and submitted ASRs for trunking) at either Party requests in good faith to renegotiate a successor agreement under the time provisions of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the TermAct, this Agreement shall remain in full force and effect on and after the (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For WWTC, authority involves the provision of Exchange Service or Exchange Access Service. For ALLTEL, authority involves the provision of CMRS service under license from the Federal Communications Commission
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement will be effective upon execution by both Parties subject to Commission approval, approval by the Effective Date Commission. The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon two years from the Effective Date of this and shall then automatically renew on a year-to-year basis. The Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either Party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided and either Party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one year following the date of termination, whichever is earlier. Notwithstanding the foregoing, if there is arbitration or litigation concerning the development of a replacement arrangement at the end of the one-year period discussed above, this Agreement shall be extended until the conclusion of the arbitration or litigation.
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(b) each Party’s indemnification obligations shall survive termination or expiration of this Agreement to the Term until extent the claim arose during term of the Agreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For CITIZENS, authority involves the provisions of Exchange Service or Exchange Access Service. For ACC, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the provision default Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 9.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement (the “Effective Date”) unless the Parties decide, by mutual agreement, to Commission approval, the an earlier Effective Date Date.
9.2 The “Initial Term” of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon two (2) years from the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later shall then automatically renew on April 30, 2009a year-to-year basis. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Initial Term, either Party may terminate this Agreement after delivering by providing written notice of termination to the other Party, with such written notice to be provided at least 180 calendar sixty (60) days advanced in advance of the date of termination.
9.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement for a period of time equal to any period set forth in an effective statute of limitations that would be applicable to the event that gives rise to an indemnification obligation.
9.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For ▇▇▇▇▇▇▇▇▇▇▇, authority involves the provision of local exchange or exchange access services. For Powertel, authority involves the provision of CMRS services under license from the Federal Communications Commission.
9.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than ten (10) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement.
9.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided, however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date of this through May 31, 2006 and shall then automatically renew on a year-to-year basis. The Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until may be terminated by either Party pursuant to at the end of the initial term by providing sixty (60) days written
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 5.3 or 5.48.1.
5.3 Notwithstanding (b) each Party shall promptly pay all undisputed amounts (including any other provision late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall survive Termination or expiration of this Agreement.
8.3 The arrangements pursua nt to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For CCCI, authority involves the provisions of Exchange Service or Exchange Access Service. For ALLTEL, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party, provided however, that the non-defaulting Party notifies the default ing Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, 8.1 This Agreement shall become effective upon execution by the Effective Date Parties.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 two (2) years from the effective date and shall then automatically renew on a year-to-year basis. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The interconnection arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For TGTC, authority involves the provision of local exchange or exchange access services. For CINGULAR, authority involves the provision of CMRS services under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3upon not less than thirty (30) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Sources: Facilities Based Network Interconnection and Reciprocal Compensation Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on through April 30, 20092006 and shall then automatically renew on a year-to-year basis. Absent The Agreement may be terminated by either Party at the receipt end of the initial term by one Party of providing (60) sixty days written notice from of termination to the other Party. In the event such notice of termination is provided and either Party within 180 calendar days prior requests in good faith to renegotiate a successor agreement under the expiration provisions of the Term to the effect that such Party does not intend to extend the TermAct, this Agreement shall remain in full force and effect on and after (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one hundred eighty (180) calendar days following the date of termination, whichever is earlier.
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For MATC, authority involves the provision of Exchange Service or Exchange Access Service. For ALLTEL, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement shall become effective 30 days following State Commission approval of this Agreement unless the parties decide, by mutual agreement, to Commission approval, the Effective Date an earlier effective date.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented two (i.e. ordered facilities, and submitted ASRs for trunking2) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreementinitial term, either Party may terminate this Agreement and by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (60) days in advance of the date of termination.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangements pursuant to this Agreement including the provision of any Interconnectionservices or facilities shall immediately terminate upon the suspension, Resale Servicesrevocation or termination by other means of either Party’s authority to provide services. For ▇▇▇▇▇▇▇▇▇▇▇, 251(c)(3) Unbundled Network Elementsauthority involves the provision of local exchange or exchange access services. For ACC, functions, facilities, products or authority involves the provision of CMRS services provided under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Agreement may be terminated by either Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five upon not less than ten (4510) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party;
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement; or
(c) Default as may be defined elsewhere in this Agreement.
Appears in 1 contract
Sources: Telecommunications
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April through June 30, 20092009 and shall then automatically renew on a year-to-year basis. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this The Agreement shall remain in full force and effect on and after the expiration of the Term until may be terminated by either Party pursuant at the end of the initial term or any renewal term by providing
(i) until this Agreement has been replaced by a new agreement, or (ii) for up to Section 5.3 or 5.4one hundred eighty (180) calendar days following the date of termination, whichever is earlier.
5.3 Notwithstanding 8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any other provision late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For RGTC, authority involves the provision of Exchange Service or Exchange Access Service. For USCC, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party, provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection and Reciprocal Compensation Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, 8.1 This Agreement shall become effective upon execution by the Effective Date Parties.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 two (2) years from the effective date and shall then automatically renew on a year-to-year basis. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The interconnection arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For NCTC, authority involves the provision of local exchange or exchange access services. For Bluegrass, authority involves the provision of CMRS services under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3upon not less than thirty (30) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Sources: Facilities Based Network Interconnection and Reciprocal Compensation Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval7.1 In AT&T-13STATE, with the exception of AT&T OHIO, the Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on April 22, because 2009, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 3022, 20092010 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 7.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 7.4 other than its obligations under Sections
7.5 and 7.6.
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement will be effective upon execution by both Parties subject to Commission approval, approval by the Effective Date Commission. The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon two years from the Effective Date of this and shall then automatically renew on a year-to-year basis. The Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either Party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided and either Party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after (i) until this Agreement has been replaced by a new agreement, or (ii) for up to one year following the date of termination, whichever is earlier. Notwithstanding the foregoing, if there is arbitration or litigation concerning the development of a replacement arrangement at the end of the one-year period discussed above, this Agreement shall be extended until the conclusion of the arbitration or litigation.
8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(b) each Party’s indemnification obligations shall survive termination or expiration of this Agreement to the Term until extent the claim arose during term of the Agreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For CCCI, authority involves the provisions of Exchange Service or Exchange Access Service. For ACC, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party pursuant upon not less than thirty (30) days written notice to Section 5.3 the nonpaying Party for failure to pay undisputed amounts on the dates or 5.4.at the times specified for the facilities
5.3 Notwithstanding any other provision of this Agreement, either 8.5 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the provision default Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, 8.1 This Agreement shall become effective upon execution by the Effective Date Parties.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 two (2) years from the effective date and shall then automatically renew on a year-to-year basis. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For MRTC, authority involves the provision of local exchange or exchange access services. For ACC OF KENTUCKY, authority involves the provision of CMRS services under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3upon not less than thirty (30) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date 8.1 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon from the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April through June 30, 20092009 and shall then automatically renew on a year-to-year basis. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this The Agreement shall remain in full force and effect on and after the expiration of the Term until may be terminated by either Party pursuant at the end of the initial term or any renewal term by providing
(i) until this Agreement has been replaced by a new agreement, or (ii) for up to Section 5.3 or 5.4one hundred eighty (180) calendar days following the date of termination, whichever is earlier.
5.3 Notwithstanding 8.2 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations as set forth above in Section 8.1.
(b) each Party shall promptly pay all undisputed amounts (including any other provision late payment charges) owed under this Agreement.
(c) each Party’s indemnification obligations shall survive termination or expiration of this Agreement.
8.3 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination of either Party’s authority to provide services. For MATC, authority involves the provision of Exchange Service or Exchange Access Service. For USCC, authority involves the provision of CMRS service under license from the Federal Communications Commission.
8.4 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days written notice to the nonpaying Party for failure to pay undisputed amounts on the dates or at the times specified for the facilities and services furnished pursuant to this Agreement, and the nonpaying Party does not pay undisputed amounts within thirty (30) days of receipt of the written notice thereof.
8.5 A Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and the provision defaulting Party does not cure the default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b) A Party’s refusal or failure in any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant material respect properly to perform its obligations under this Agreement, at or the sole discretion violation of any of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term terms and conditions of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do soAgreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Appears in 1 contract
Sources: Interconnection and Reciprocal Compensation Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, 8.1 This Agreement shall become effective upon execution by the Effective Date Parties.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 two (2) years from the effective date and shall then automatically renew on a year-to-year basis. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) may be terminated by either party at the time end of the Effective Date, expire three years later on April 30, 2009. Absent the receipt initial term (or any renewal term) by one Party of providing written notice from of termination to the other Party within 180 calendar at least sixty (60) days prior to in advance of the expiration of the Term initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the effect that such Party does not intend to extend provisions of the TermAct, this Agreement shall remain in full force and effect on and after until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The interconnection arrangements pursuant to this Agreement including the Term until provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For MRTC, authority involves the provision of local exchange or exchange access services. For CINGULAR, authority involves the provision of CMRS services under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3upon not less than thirty (30) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of ’ written notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
Appears in 1 contract
Sources: Facilities Based Network Interconnection and Reciprocal Compensation Agreement
Effective Date Term and Termination. 5.1 Subject to Commission approval, the 7.1 The Effective Date of this Agreement shall be May 1ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, 2006absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
5.2 7.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shallshall expire on September 20, because 2007, provided; however, should CLEC has implemented implement (i.e. provided assurance of payment, ordered facilities, and submitted ASRs for trunking) at the time this Agreement within six (6) months of the Effective Date, then this Agreement will automatically renew for one additional year and expire three years later on April 30September 20, 20092008 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 7.3 or 5.47.4.
5.3 7.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Lawful Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, days after written notice thereof thereof. Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 7.4 If pursuant to Section 5.27.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 7.5 and 7.6. Neither Party shall have any liability to the other Party for termination of this Agreement pursuant to this Section 5.4 other than its obligations under Sections 7.5 and 7.6.
7.5 Upon termination or expiration of this Agreement in accordance with Sections 7.2, 7.3 or 7.4:
7.5.1 Each Party shall continue to comply with its obligations set forth in Section 42; and
7.5.2 Each Party shall promptly pay all amounts owed under this Agreement or place any Disputed Amounts into an escrow account that complies with Section 8.4 hereof;
7.5.3 Each Party's confidentiality obligations shall survive; and
7.5.4 Each Party’s indemnification obligations shall survive.
7.6 If either Party serves notice of expiration pursuant to Section 7.2 or Section 7.4, CLEC shall have ten
Appears in 1 contract
Sources: Interconnection and Resale Agreement
Effective Date Term and Termination. 5.1 Subject 8.1 This Agreement is intended to replace a tariffed service arrangement between the Parties. The tariff arrangement remains in effect until this Agreement becomes effective. This Agreement shall become effective 30 days following State Commission approvalapproval of this Agreement. On that date, the Effective Date terms and conditions of this Agreement shall replace the terms and conditions of any tariff arrangement that may be in place between the Parties at that time. When this Agreement becomes effective, the provisions contained in Section 2.0 of this Agreement shall apply with respect to the interpretation and construction of the Agreement and its ongoing relation to other references, including subsequent tariffs.
8.2 The initial term of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented two (i.e. ordered facilities, and submitted ASRs for trunking2) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the effective date and shall then automatically renew on a year-to-year basis. Upon expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreementinitial term, either Party may terminate this Agreement and by providing written notice of termination to the other Party, with such written notice to be provided at least sixty (6) days in advance of the date of termination.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangements pursuant to this Agreement including the provision of any Interconnectionservices or facilities shall immediately terminate upon the suspension, Resale Servicesrevocation or termination by other means of either Party's authority to provide services. For ▇▇▇▇▇▇▇▇▇▇▇ Telephone Company, 251(c)(3) Unbundled Network ElementsInc., functionsauthority involves the provision of local exchange or exchange access services. For Carrier, facilities, products or authority involves the provision of CMRS services provided under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Agreement may be terminated by either Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five upon not less than ten (4510) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written days notice to the other Party that it failed for failure to cure such nonperformance pay undisputed amounts on the dates or breach within forty-five (45) calendar days after written notice thereof; provided, however that if at times specified for the defaulting Party initiates cure promptly after receiving notice of the breach facilities and thereafter exercises diligence services furnished pursuant to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do sothis Agreement.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either 8.6 Either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
a. A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
b. A Party's refusal or failure in any material respect properly to perform its intention to terminate obligations under this Agreement, subject to Sections 5.5 andor the violation of any of the material terms and conditions of this Agreement.
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