Common use of Interim Pricing Clause in Contracts

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing. It is GTE's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costs, etc.). GTE reserves the right to present its costs and rates, and seek recovery for them (including a retroactive true-up) in the line sharing pricing proceeding. New Edge Networks does not agree with GTE’s position. It is New Edge Networks’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the line sharing rates for GTE (the “Line Sharing Rates”), or the terms and conditions for application of the Line Sharing Rates, are different than specified in this Section, the Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said order.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 23. Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharingsharing in the OANAD proceeding. It is GTEVERIZON asserts that VERIZON's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costsDAML removal, etc.). GTE reserves the right to VERIZON will present its these costs and rates, and seek recovery for them (including a retroactive true-up) in the OANAD line sharing pricing proceeding. New Edge Networks does not agree with GTE’s position. It is New Edge Networks’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpaymentphase. To the extent that the OANAD line sharing rates for GTE VERIZON (the “OANAD Line Sharing Rates”), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the Line Sharing OANAD Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the Line Sharing OANAD Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such the OANAD Line Sharing Rate order becomes final, binding and non-appealable. Such true-up 3 Collocation is a prerequisite to line sharing. SPRINT must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in VERIZON’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. NA in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 2.2 Notwithstanding anything in this 1 Agreement to the contrary, these rates and charges are interim pending the outcome of 2 Collocation is a prerequisite to line sharing. New Edge Networks DSLnet must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing. It is GTE's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costs, etc.). GTE reserves the right to present its costs and rates, and seek recovery for them (including a retroactive true-up) in the line sharing pricing proceeding. New Edge Networks DSLnet does not agree with GTE’s position. It is New Edge NetworksDSLnet’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks DSLnet reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the line sharing rates for GTE (the “Line Sharing Rates”), or the terms and conditions for application of the Line Sharing Rates, are different than specified in this Section, the Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said order.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 23. Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharingsharing in the OANAD proceeding. It is GTEVERIZON asserts that VERIZON's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costsDAML removal, etc.). GTE reserves the right to VERIZON will present its these costs and rates, and seek recovery for them (including a retroactive true-up) in the OANAD line sharing pricing proceeding. New Edge Networks does not agree with GTE’s position. It is New Edge Networks’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpaymentphase. To the extent that the OANAD line sharing rates for GTE VERIZON (the “OANAD Line Sharing Rates”), or the terms and conditions for application of the OANAD Line Sharing Rates, are different than specified in this Section, the Line Sharing OANAD Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the Line Sharing OANAD Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such the OANAD Line Sharing Rate order becomes final, binding and non-appealable. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. NA in effect at the date of said order. VERIZON shall establish the memorandum accounts required by the ALJ Ruling.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these the rates and charges for Loop Conditioning and Line Sharing, as specified in Appendix D to this Unbundled Network Elements Attachment, are interim pending the outcome of the Commission’s a Commission rate proceeding regarding line sharingLoop Conditioning and/or Line Sharing. It is GTEVerizon's position that the interim pricing proposal does not reflect all the costs associated with (1) where the electronic security system interfaces the inside wiring of the Customer premise via an RJ11 ▇▇▇▇, Verizon places a micro-filter between the electronic security system dial-up unit and the inside wiring; and (2) where the electronic security system is "hard-wired" to the inside wiring at the Customer premise, Verizon places a splitter to isolate the high frequency data signals from the electronic security system's dial-up unit. Nothing in this Section 4.9.4 shall be read to constitute a warranty or representation that Empire’s replication of Verizon’s practices/procedures outlined herein will be sufficient to avoid interference with line sharing electronic security systems in all cases or in any way absolve Empire of its duties and obligations set forth in this section 4.9.4, or elsewhere in the Agreement. Loop Conditioning and Line Sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costs, etc.). GTE reserves the right to Verizon will present its these alleged costs and rates, and seek recovery for them (including a retroactive true-up) in the line sharing pricing Commission proceeding. New Edge Networks does not agree with GTE’s position. It is New Edge Networks’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the line sharing rates for GTE Commission orders (the “Initial Order”) Loop Conditioning and/or Line Sharing Rates”)rates, or the terms and conditions for application of the Loop Conditioning and/or Line Sharing rates, for Verizon (the “Rates, ”) that are different than specified in this SectionAgreement, the Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable orderorder (the “Final Order”). Upon the issuance of such an orderFinal Order, the Line Sharing Rates will be applied retroactively to the effective date Effective Date of this Agreement, or the Effective Date of the Initial Order if required under the terms, or based on the subject matter, of the Final Order. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such Line Sharing Rate order becomes the Rates become final, binding and non-appealable. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. NA in effect at the date of said order. The provisions of this Section shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 2. Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing. It is GTECTC's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costs, etc.). GTE CTC reserves the right to present its costs and rates, and seek recovery for them (including a retroactive true-up) in the line sharing pricing proceeding. New Edge Networks Community Internet Systems, Inc. does not agree with GTECTC’s position. It is New Edge NetworksCommunity Internet Systems, Inc.’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks Community Internet Systems, Inc. reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the line sharing rates for GTE CTC (the “Line Sharing Rates”), or the terms and conditions for application of the Line Sharing Rates, are different than specified in this Section, the Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said order.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 2. Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s Commission?s rate proceeding regarding line sharing. It is GTE's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costs, etc.). GTE reserves the right to present its costs and rates, and seek recovery for them (including a retroactive true-up) in the line sharing pricing proceeding. New Edge Networks does not agree with GTE’s GTE?s position. It is New Edge Networks’s Networks?s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the line sharing rates for GTE (the “?Line Sharing Rates”?), or the terms and conditions for application of the Line Sharing Rates, are different than specified in this Section, the Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said order.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing. It is GTE's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costs, etc.). GTE reserves the right to present its costs and rates, and seek recovery for them (including a retroactive true-up) in the line sharing pricing proceeding. New Edge Networks NorthPoint does not agree with GTE’s position. It is New Edge NetworksNorthPoint’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks NorthPoint reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive 1 Collocation is a prerequisite to line sharing. NorthPoint must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. refund for overpayment. To the extent that the line sharing rates for GTE (the “Line Sharing Rates”), or the terms and conditions for application of the Line Sharing Rates, are different than specified in this Section, the Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-appealable order. Upon the issuance of such an order, the Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such Line Sharing Rate order becomes final, binding and non-appealable. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said order.

Interim Pricing. The rates and charges for line sharing services provided pursuant to this Agreement are set forth on Exhibit 2.1 2.2 Notwithstanding anything in this 1 Collocation is a prerequisite to line sharing. New Edge Networks must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in GTE’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein. Agreement to the contrary, these rates and charges are interim pending the outcome of the Commission’s rate proceeding regarding line sharing. It is GTEVERIZON's position that the interim pricing proposal does not reflect all the costs associated with line sharing for all configurations (e.g., the costs associated with collaborative testing, costs associated with OSS-related implementation costs, loop conditioning costs, etc.). GTE VERIZON reserves the right to present its costs and rates, and seek recovery for them (including a retroactive true-up) in the line sharing pricing proceeding. New Edge Networks does not agree with GTE’s position. It is New Edge Networks’s position that the interim prices for line sharing services in this Agreement exceed TELRIC. New Edge Networks reserves the right to present costs and rates that it believes are TELRIC compliant in the line sharing pricing proceeding, and to seek a retroactive refund for overpayment. To the extent that the line sharing rates for GTE VERIZON (the “Line Sharing Rates”), or the terms and conditions for application of the Line Sharing Rates, are different than specified in this Section, the Line Sharing Rates will be applied prospectively pending the issuance of a final, binding and non-non- appealable order. Upon the issuance of such an order, the Line Sharing Rates will be applied retroactively to the effective date of this Agreement. The Parties will true up any resulting over or under billing. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) business days after the date on which any such Line Sharing Rate order becomes final, binding and non-non- appealable. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said order. The provisions of this Section shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time. 2 Collocation is a prerequisite to line sharing. Sprint must first collocate digital subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No. 1 described in Section 2.3) in Verizon’s central office and order applicable tie cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges proposed herein.