NON-PAYMENT AND PROCEDURES FOR DISCONNECTION Clause Samples

The "Non-Payment and Procedures for Disconnection" clause outlines the steps a service provider may take if a customer fails to pay their bills on time. Typically, this clause specifies the timeline for payment, the process for issuing warnings or notices of overdue accounts, and the conditions under which services may be suspended or disconnected. By clearly defining these procedures, the clause helps ensure that both parties understand the consequences of non-payment and provides a structured approach for resolving payment issues, thereby protecting the service provider from prolonged non-payment while giving the customer fair warning and opportunity to remedy the situation.
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 14.1 Failure to pay all or any portion of any amount required to be paid may be grounds for disconnection of Resale Services, Unbundled Network Elements under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will notify the Non-Paying Party in writing that in order to avoid disruption or disconnection of the Resale Services, Unbundled Network Elements furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) Calendar Days following receipt of the Billing Party's notice of Unpaid Charges. 14.1.1 AT&T OKLAHOMA will also provide any written notification to the Oklahoma Corporation Commission as required by applicable law. 14.2 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than ten (10) Business Days following receipt of the Billing Party's notice of Unpaid Charges: 14.2.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total amount disputed (“Disputed Amounts”) and the specific details listed in Section 13.4 of this Agreement, together with the reasons for its dispute; and 14.2.2 pay all undisputed Unpaid Charges to the Billing Party; and 14.3 Issues related to Disputed Amounts shall be resolved in accordance with the procedures identified in the Dispute Resolution provision set forth in Section 13. 14.4 After expiration of the written notice furnished pursuant to Section 14.1 hereof, if CLEC continues to fail to comply with Section 14.2.1 through 14.2.2, inclusive, or make payment(s) in accordance with the terms of any mutually agreed payment arrangement, AT&T OKLAHOMA may, in addition to exercising any other rights or remedies it may have under Applicable Law, furnish a second written demand to CLEC for payment within ten
View SourceView Similar (35)
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 1.10.1 Either Party may terminate this Agreement in the event of a Party's refusal or failure to pay all or any portion of any amount required to be paid to the other Party as and when due and payable as provided except that: (a) A Party may only terminate this Agreement and/or disconnect interconnection with the other Party’s network upon obtaining an order from a governmental, administrative, or regulatory body or a court of competent jurisdiction approving such termination and/or disconnection; (b) Notwithstanding Section 1.10.1(a), above, in the event of CLEC’s refusal or failure to pay all or any portion of any amount required to be paid for Resale and/or UNE services as and when due and payable as provided in this Agreement, SBC ILLINOIS may cease providing and may disconnect such services only in accordance with the processes set forth below. 1.10.1.1 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable and has not presented a dispute under Section 1.8.5 of this Agreement, the applicable procedures for notice and disconnection as set forth in Sections 1.10.3 through 1.10.11 below shall apply. 1.10.1.2 Where CLEC has refused or failed to pay all or any portion of any amount required to be paid to SBC ILLINOIS as and when due and payable and has presented a dispute as to those amounts (the “Previously Disputed Amounts”) under Section 1.8.5 of this Agreement, but has not requested Formal Dispute Resolution under Section 1.9.5, above, within the later of 90 days of the date of the letter initiating informal dispute resolution under Section 1.9.3.1 or within 10 business days of receipt of notice under Section 1.9.3.3, then SBC ILLINOIS shall notify CLEC and the Commission that unless the Previously Disputed Amounts are paid within sixteen (16) calendar days, the resale services and/or network elements furnished to CLEC under this Agreement for which the Previously Disputed Amounts are outstanding (i.e. delinquent) shall be disconnected. On the same day it sends the notice letter required by this Section 1.10.1.2, SBC ILLINOIS will suspend acceptance of any order (other than a disconnect order) from CLEC for any resale service or network element that could be furnished under this Agreement. Furthermore, the provisions of Sections 1.10.5 through 1.10.11 shall apply, but Sections containing specific time periods relative to the obligations shall be modified as follows: (i) I...
View SourceView Similar (10)
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 9.3.1 If a Party is furnished products and/or services under the terms of this Agreement in more than one (1) state, Section 9.3 through Section 9.3.11, inclusive, shall be applied separately for each such state. 9.3.2 Failure to pay charges shall be grounds for disconnection of products and/or services furnished under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges (defined as the charge that is applied when a ILEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from ILEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available or received by AT&T as of the Bill Due Date, or if the ILEC does not submit the Remittance Information) or Unpaid Charges (defined as any charges billed to the Non-Paying Party that the Non-Paying Party did not render full payment to the Billing Party by the Bill Due Date, including where funds were not accessible), and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice (defined as written Notice sent by the Billing Party to the other Party that notifies the Non-Paying Party that in order to avoid disruption or disconnection of the Products and/or Services, furnished under this Agreement, the Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days following receipt of the Billing Party’s Notice (official correspondence between the Parties sent in accordance with Notice Sections 9.13 of this General Terms and Conditions) of Unpaid Charges) to such Non-Paying Party (defined as the Party that has not made payment by the Bill Due Date of all amounts within the bill rendered by the Billing Party). The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice. 9.3.3 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges: 9.3.3.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts (defined as the amount that the Disputing Party contends is incorrectly bille...
View SourceView Similar (2)
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. 12.1 If a Party is furnished LWT and related services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.10 below, inclusive, shall be applied separately for each such state.
View Source
NON-PAYMENT AND PROCEDURES FOR DISCONNECTION. Failure of CLEC to pay any undisputed charges may be grounds for termination of this Agreement. If CLEC fails to pay such charges when due SBC KANSAS will notify CLEC in writing that in order to avoid having service disconnected, CLEC must remit all unpaid undisputed charges to SBC KANSAS within fifteen (15) calendar days after receipt of said notice. Disputes hereunder will be resolved in accordance with the Dispute Resolution Procedures set out in Section 13 of this Agreement.
View Source

Related to NON-PAYMENT AND PROCEDURES FOR DISCONNECTION

  • NONPAYMENT AND PROCEDURES FOR DISCONNECTION 12.1 If a Party is furnished Interconnection Services under the terms of this Agreement in more than one (1) state, Section 12.2 below through Section 12.19 below, inclusive, shall be applied separately for each such state. 12.2 Failure to pay charges shall be grounds for disconnection of Interconnection Services furnished under this Agreement. If a Party fails to pay any charges billed to it under this Agreement, including but not limited to any Late Payment Charges or Unpaid Charges, and any portion of such Unpaid Charges remain unpaid after the Bill Due Date, the Billing Party will send a Discontinuance Notice to such Non-Paying Party. The Non-Paying Party must remit all Unpaid Charges to the Billing Party within fifteen (15) calendar days of the Discontinuance Notice. 12.3 AT&T-21STATE will also provide any written notification to any Commission as required by any State Order or Rule. 12.4 If the Non-Paying Party desires to dispute any portion of the Unpaid Charges, the Non-Paying Party must complete all of the following actions not later than fifteen (15) calendar days following receipt of the Billing Party’s notice of Unpaid Charges: 12.4.1 notify the Billing Party in writing which portion(s) of the Unpaid Charges it disputes, including the total Disputed Amounts and the specific details listed in Section 13.4 below of this Agreement, together with the reasons for its dispute; and 12.4.2 pay all undisputed Unpaid Charges to the Billing Party; and 12.4.3 pay all Disputed Amounts (other than Disputed Amounts arising from Intercarrier Compensation) into an interest bearing escrow account that complies with the requirements set forth in Section 11.10 above; and 12.4.4 furnish written evidence to the Billing Party that the Non-Paying Party has established an interest bearing escrow account that complies with all of the terms set forth in Section 11.10 above and deposited a sum equal to the Disputed Amounts into that account (other than Disputed Amounts arising from Intercarrier Compensation). Until evidence that the full amount of the Disputed Charges (other than Disputed Amounts arising from Intercarrier Compensation) has been deposited into an escrow account that complies with Section

  • Notice and Procedures Promptly after receipt by an indemnified party under subsection (a) or (b) above of notice of the commencement of any action, such indemnified party shall, if a claim in respect thereof is to be made against the indemnifying party under such subsection, notify the indemnifying party in writing of the commencement thereof; but the omission so to notify the indemnifying party shall not relieve the indemnifying party from any liability that it may have to any indemnified party except to the extent such indemnifying party has been materially prejudiced by such failure. In case any such action shall be brought against any indemnified party, and it shall notify the indemnifying party of the commencement thereof, the indemnifying party shall be entitled to participate in, and, to the extent that it shall wish, jointly with any other indemnifying party similarly notified, to assume the defense thereof, with counsel reasonably satisfactory to such indemnified party, and after notice from the indemnifying party to such indemnified party of the indemnifying party’s election so to assume the defense thereof, the indemnifying party shall not be liable to such indemnified party under such subsection for any legal or other expenses subsequently incurred by such indemnified party in connection with the defense thereof other than reasonable costs of investigation; provided, however, that if, in the sole judgment of the Agent, it is advisable for the Agent to be represented by separate counsel, the Agent shall have the right to employ a single counsel to represent the Agent, in which event the reasonable fees and expenses of such separate counsel shall be borne by the indemnifying party or parties and reimbursed to the Agent as incurred (in accordance with the provisions of the second paragraph in subsection (a) above). The indemnifying party under this Section 5 shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the indemnifying party agrees to indemnify the indemnified party against any loss, claim, damage, liability or expense by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel as contemplated by this Section 5, the indemnifying party agrees that it shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 30 days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 days prior to such settlement being entered into, and (iii) such indemnifying party shall not have reimbursed the indemnified party in accordance with such request prior to the date of such settlement. No indemnifying party shall, without the prior written consent of the indemnified party, effect any settlement, compromise or consent to the entry of judgment in any pending or threatened action, suit or proceeding in respect of which any indemnified party is or could have been a party and indemnity was or could have been sought hereunder by such indemnified party, unless such settlement, compromise or consent (a) includes an unconditional release of such indemnified party from all liability on claims that are the subject matter of such action, suit or proceeding and (b) does not include a statement as to or an admission of fault, culpability or a failure to act by or on behalf of any indemnified party.

  • Disconnection Upon termination of this Agreement, Developer and Connecting Transmission Owner will take all appropriate steps to disconnect the Developer’s Large Generating Facility from the New York State Transmission System. All costs required to effectuate such disconnection shall be borne by the terminating Party, unless such termination resulted from the non-terminating Party’s Default of this Agreement or such non-terminating Party otherwise is responsible for these costs under this Agreement.