Common use of Grades of Service Clause in Contracts

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8.1. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in Section 5.1.1 including but not limited to third Party traffic (including CMRS) and toll traffic is not permitted to be carried on Local Trunk Group(s). 5.1.3 No-Subject Traffic will be billed by the terminating Party at rates contained in the terminating Party’s interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. 5.1.4 In the event either Party believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), the terminating Party will notify the originating Party of the contaminated group(s) and provide results of its analysis in a written notice. The originating Party will have 10 days from receipt of such notice to reroute the Misrouted Traffic to a toll group to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.5 Should the originating Party in Section 5.1.3 above fail to correct the traffic contamination within 10 days pursuant to Section 5.1.3 above, the terminating Party will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the terminating Party may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to all traffic delivered by the originating Party. The terminating party may also pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without having to comply with the Dispute Resolution provisions of Section 15. 5.1.6 Upon written notice from the originating Party that such contamination has been corrected, the terminating Party will have 10 days to provide a written response to the correction notice. Should the terminating Party confirm the correction or not respond to the correction notice within 10 days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise the terminating Party shall continue to treat the traffic pursuant to Section 5.1.4. 5.1.7 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the general terms and conditions of this Agreement. 5.1.8 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the general terms and conditions of the Agreement.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8.18. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in Section 5.1.1 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 No-Subject Traffic will be billed by the terminating Party at rates contained in the terminating Party’s interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. 5.1.4 In the event either Party ▇▇▇▇▇ believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), the terminating Party then ▇▇▇▇▇ will notify the originating Party TCA of the contaminated group(s) and provide results of its analysis in a written notice. The originating Party TCA will have 10 ten (10) days from receipt of such notice to reroute the Misrouted Traffic to a toll group an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.5 5.1.4 Should the originating delivering Party in Section 5.1.3 above fail to correct the traffic contamination within 10 ten (10) days pursuant to Section 5.1.3 above, the terminating Party ▇▇▇▇▇ will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the terminating Party ▇▇▇▇▇ may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to all traffic delivered and facilities used by TCA to deliver the originating PartyMisrouted Traffic. The terminating party In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, ▇▇▇▇▇ may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without having to comply with the Dispute Resolution provisions of Section 15. 5.1.6 5.1.5 Upon written notice from the originating Party TCA that such contamination has been corrected, the terminating Party ▇▇▇▇▇ will have 10 ten (10) days to provide a written response to the correction notice. Should the terminating Party ▇▇▇▇▇ confirm the correction or not respond to the correction notice within 10 ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise the terminating Party ▇▇▇▇▇ shall continue to treat the traffic pursuant to Section 5.1.4. 5.1.7 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the general terms General Terms and conditions Conditions of this Agreement. 5.1.8 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the general terms General Terms and conditions Conditions of the Agreement.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8.18. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in Section 5.1.1 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 No-Subject Traffic will be billed by the terminating Party at rates contained in the terminating Party’s interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. 5.1.4 In the event either Party CTC believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), the terminating Party then CTC will notify the originating Party TCA of the contaminated group(s) and provide results of its analysis in a written notice. The originating Party TCA will have 10 ten (10) days from receipt of such notice to reroute the Misrouted Traffic to a toll group an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.5 5.1.4 Should the originating delivering Party in Section 5.1.3 above fail to correct the traffic contamination within 10 ten (10) days pursuant to Section 5.1.3 above, the terminating Party CTC will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the terminating Party CTC may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to all traffic delivered and facilities used by TCA to deliver the originating PartyMisrouted Traffic. The terminating party In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, CTC may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without having to comply with the Dispute Resolution provisions of Section 15. 5.1.6 5.1.5 Upon written notice from the originating Party TCA that such contamination has been corrected, the terminating Party CTC will have 10 ten (10) days to provide a written response to the correction notice. Should the terminating Party CTC confirm the correction or not respond to the correction notice within 10 ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise the terminating Party CTC shall continue to treat the traffic pursuant to Section 5.1.4. 5.1.7 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the general terms General Terms and conditions Conditions of this Agreement. 5.1.8 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the general terms General Terms and conditions Conditions of the Agreement.

Appears in 1 contract

Sources: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8.18. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in Section 5.1.1 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 No-Subject Traffic will be billed by the terminating Party at rates contained in the terminating Party’s interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. 5.1.4 In the event either Party PRTC believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), the terminating Party then PRTC will notify the originating Party TCA of the contaminated group(s) and provide results of its analysis in a written notice. The originating Party TCA will have 10 ten (10) days from receipt of such notice to reroute the Misrouted Traffic to a toll group an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.5 5.1.4 Should the originating delivering Party in Section 5.1.3 above fail to correct the traffic contamination within 10 ten (10) days pursuant to Section 5.1.3 above, the terminating Party PRTC will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the terminating Party PRTC may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to all traffic delivered and facilities used by TCA to deliver the originating PartyMisrouted Traffic. The terminating party In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, PRTC may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without having to comply with the Dispute Resolution provisions of Section 15. 5.1.6 5.1.5 Upon written notice from the originating Party TCA that such contamination has been corrected, the terminating Party PRTC will have 10 ten (10) days to provide a written response to the correction notice. Should the terminating Party PRTC confirm the correction or not respond to the correction notice within 10 ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise the terminating Party PRTC shall continue to treat the traffic pursuant to Section 5.1.4. 5.1.7 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the general terms General Terms and conditions Conditions of this Agreement. 5.1.8 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the general terms General Terms and conditions Conditions of the Agreement.

Appears in 1 contract

Sources: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8.18. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in Section 5.1.1 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 No-Subject Traffic will be billed by the terminating Party at rates contained in the terminating Party’s interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. 5.1.4 In the event either Party MRTC believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), the terminating Party then MRTC will notify the originating Party TCA of the contaminated group(s) and provide results of its analysis in a written notice. The originating Party TCA will have 10 ten (10) days from receipt of such notice to reroute the Misrouted Traffic to a toll group an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.5 5.1.4 Should the originating delivering Party in Section 5.1.3 above fail to correct the traffic contamination within 10 ten (10) days pursuant to Section 5.1.3 above, the terminating Party MRTC will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the terminating Party MRTC may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to all traffic delivered and facilities used by TCA to deliver the originating PartyMisrouted Traffic. The terminating party In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, MRTC may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without having to comply with the Dispute Resolution provisions of Section 15. 5.1.6 5.1.5 Upon written notice from the originating Party TCA that such contamination has been corrected, the terminating Party MRTC will have 10 ten (10) days to provide a written response to the correction notice. Should the terminating Party MRTC confirm the correction or not respond to the correction notice within 10 ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise the terminating Party MRTC shall continue to treat the traffic pursuant to Section 5.1.4. 5.1.7 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the general terms General Terms and conditions Conditions of this Agreement. 5.1.8 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the general terms General Terms and conditions Conditions of the Agreement.

Appears in 1 contract

Sources: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8.18. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in Section 5.1.1 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 No-Subject Traffic will be billed by the terminating Party at rates contained in the terminating Party’s interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. 5.1.4 In the event either Party FRTC believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), the terminating Party then FRTC will notify the originating Party TCA of the contaminated group(s) and provide results of its analysis in a written notice. The originating Party TCA will have 10 ten (10) days from receipt of such notice to reroute the Misrouted Traffic to a toll group an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.5 5.1.4 Should the originating delivering Party in Section 5.1.3 above fail to correct the traffic contamination within 10 ten (10) days pursuant to Section 5.1.3 above, the terminating Party FRTC will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the terminating Party FRTC may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to all traffic delivered and facilities used by TCA to deliver the originating PartyMisrouted Traffic. The terminating party In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, FRTC may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without having to comply with the Dispute Resolution provisions of Section 15. 5.1.6 5.1.5 Upon written notice from the originating Party TCA that such contamination has been corrected, the terminating Party FRTC will have 10 ten (10) days to provide a written response to the correction notice. Should the terminating Party FRTC confirm the correction or not respond to the correction notice within 10 ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise the terminating Party FRTC shall continue to treat the traffic pursuant to Section 5.1.4. 5.1.7 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the general terms General Terms and conditions Conditions of this Agreement. 5.1.8 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the general terms General Terms and conditions Conditions of the Agreement.

Appears in 1 contract

Sources: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8.18. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in Section 5.1.1 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 No-Subject Traffic will be billed by the terminating Party at rates contained in the terminating Party’s interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. 5.1.4 In the event either Party Duo believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), the terminating Party then Duo will notify the originating Party TCA of the contaminated group(s) and provide results of its analysis in a written notice. The originating Party TCA will have 10 ten (10) days from receipt of such notice to reroute the Misrouted Traffic to a toll group an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.5 5.1.4 Should the originating delivering Party in Section 5.1.3 above fail to correct the traffic contamination within 10 ten (10) days pursuant to Section 5.1.3 above, the terminating Party Duo will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the terminating Party Duo may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to all traffic delivered and facilities used by TCA to deliver the originating PartyMisrouted Traffic. The terminating party In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, Duo may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without having to comply with the Dispute Resolution provisions of Section 15. 5.1.6 5.1.5 Upon written notice from the originating Party TCA that such contamination has been corrected, the terminating Party Duo will have 10 ten (10) days to provide a written response to the correction notice. Should the terminating Party Duo confirm the correction or not respond to the correction notice within 10 ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise the terminating Party Duo shall continue to treat the traffic pursuant to Section 5.1.4. 5.1.7 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the general terms General Terms and conditions Conditions of this Agreement. 5.1.8 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the general terms General Terms and conditions Conditions of the Agreement.

Appears in 1 contract

Sources: Interconnection Agreement

Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 8.18. 5.1 Local Trunk Group for the Exchange of Subject Traffic 5.1.1 Parties agree that Local Trunk groups described herein will carry only Subject Traffic. 5.1.2 Parties expressly agree that traffic not provided in Section 5.1.1 5.1.1, including but not limited to third Party traffic (including CMRS) and toll traffic traffic, is not permitted to be carried on Local Trunk Group(s). 5.1.3 No-Subject Traffic will be billed by the terminating Party at rates contained in the terminating Party’s interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. 5.1.4 In the event either Party TGT believes that traffic terminated to it via a Local Trunk Group(s) contains non-Subject Traffic (“Misrouted Traffic”), the terminating Party then TGT will notify the originating Party TCA of the contaminated group(s) and provide results of its analysis in a written notice. The originating Party TCA will have 10 ten (10) days from receipt of such notice to reroute the Misrouted Traffic to a toll group an access trunk to maintain treatment of traffic on the Local Trunk Group(s) as local. 5.1.5 5.1.4 Should the originating delivering Party in Section 5.1.3 above fail to correct the traffic contamination within 10 ten (10) days pursuant to Section 5.1.3 above, the terminating Party TGT will treat that portion of Misrouted Traffic terminated over the Local Trunk Group(s) as Interexchange Access and will bill – and TCA will pay – at rates contained in its interstate and intrastate access tariffs regardless of the technology used for the delivery of such traffic. Parties agree that the terminating Party TGT may bill Misrouted Traffic by deriving a Misrouted Traffic Factor and applying that factor to all traffic delivered and facilities used by TCA to deliver the originating PartyMisrouted Traffic. The terminating party In addition to the foregoing and notwithstanding the Dispute Resolution provisions of Section 15 of the General Terms & Conditions, TGT may also immediately pursue any other pursue remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without having to comply with the Dispute Resolution provisions of Section 15. 5.1.6 5.1.5 Upon written notice from the originating Party TCA that such contamination has been corrected, the terminating Party TGT will have 10 ten (10) days to provide a written response to the correction notice. Should the terminating Party TGT confirm the correction or not respond to the correction notice within 10 ten (10) days, compensation starting from the date of correction will be based on the exchange of Subject Traffic; otherwise the terminating Party TGT shall continue to treat the traffic pursuant to Section 5.1.4. 5.1.7 5.1.6 Nothing herein shall prevent either Party from seeking Dispute Resolution pursuant to Section 15 of the general terms General Terms and conditions Conditions of this Agreement. 5.1.8 5.1.7 Repeated contamination of Local Trunk groups as provided in this Section 5.1 will be considered a breach of this Agreement pursuant to Section 13 of the general terms General Terms and conditions Conditions of the Agreement.

Appears in 1 contract

Sources: Interconnection Agreement