Common use of Maintenance of Loops Clause in Contracts

Maintenance of Loops. If (a) MFN reports to BA a Customer trouble, (b) MFN requests a dispatch, (c) BA dispatches a technician, and (d) such trouble was not caused by BA’s facilities or equipment, then MFN shall pay BA the applicable Tariff rate for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by MFN is not available at the appointed time. MFN accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on its test results. If, as the result of MFN instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on MFN an appropriate charge. However, if BA imposes any charge on MFN under this subsection 11.8 and the same trouble recurs and the cause in both instances is determined to be in BA’s facilities, then BA shall refund to MFN all charges applicable to that trouble that were erroneously levied on and paid by MFN to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA’s Tariffs.