Order Quality. At least ninety-five percent (95%) of Reseller's orders submitted to BA during each month of the Service Term (whether or not in respect of Eligible Services set forth in Appendix 1 hereto) shall not contain errors or omissions such that they are rejected by BA or require queries from BA to Reseller. In addition, Reseller shall submit such orders so that at least ninety percent (90%) of Flow Through Eligible Orders actually flow through; a "Flow Through Eligible Order" does not require manual intervention by BA. Upon the first billing cycle month of the Service Term in which one or both of the above conditions is not met, Reseller agrees, upon reasonable request by BA, to meet with BA promptly and in good faith to determine the reasons that the foregoing percentage(s) was not met and to develop a plan for improvement. If Reseller does not meet either of such conditions for a second consecutive month, Reseller agrees, upon reasonable request by BA, to meet with BA promptly and in good faith to determine the reasons that the foregoing percentage(s) was not met and to develop a plan for improvement. If Reseller does not meet either of such conditions for a third consecutive month, Reseller shall be deemed to have materially defaulted in performing under this subsection, and BA may, at its sole option, not apply the Volume and Term Discount, Winback Discount and/or IntraLATA Toll Discount to Eligible Services purchased by Reseller from BA under the Resale Agreements and/or applicable BA resale tariffs until Reseller first meets both such conditions in a subsequent month of the Service Term.
Appears in 1 contract
Sources: Resale Agreement (Essential Com Inc)
Order Quality. At least ninety-five percent (95%) of ResellerCTC's orders submitted to BA during each month of the Service Term (whether or not in respect of Eligible Services set forth in Appendix 1 hereto) shall not contain errors or omissions such that they are rejected by BA or require queries from BA to ResellerCTC. In addition, Reseller CTC shall submit such orders so that at least ninety percent (90%) of Flow Through Eligible Orders actually flow through; a "Flow Through Eligible Order" does not require manual intervention by BA. Upon the first billing cycle month of the Service Term in which one or both of the above conditions is not met, Reseller CTC agrees, upon reasonable request by BA, to meet with BA promptly and in good faith to determine the reasons that the foregoing percentage(s) was not met and to develop a plan for improvement. If Reseller CTC does not meet either of such conditions for a second consecutive month, Reseller CTC agrees, upon reasonable request by BA, to meet with BA promptly and in good faith to determine the reasons that the foregoing percentage(s) was not met and to develop a plan for improvement. If Reseller CTC does not meet either of such conditions for a third consecutive month, Reseller CTC shall be deemed to have materially defaulted in performing under this subsection, and BA may, at its sole option, not apply the Volume and Term Discount, Winback Discount and/or IntraLATA Toll Discount to Eligible Services purchased by Reseller CTC from BA under the Resale Agreements and/or applicable BA resale tariffs until Reseller CTC first meets both such conditions in a subsequent month of the Service Term.
Appears in 1 contract
Order Quality. At least ninety-five percent (95%) of Reseller's CTC’s orders submitted to BA during each month of the Service Term (whether or not in respect of Eligible Services set forth in Appendix 1 hereto) shall not contain errors or omissions such that they are rejected by BA or require queries from BA to ResellerCTC. In addition, Reseller CTC shall submit such orders so that at least ninety percent (90%) of Flow Through Eligible Orders actually flow through; a "“Flow Through Eligible Order" ” does not require manual intervention by BA. Upon the first billing cycle month of the Service Term in which one or both of the above conditions is not met, Reseller CTC agrees, upon reasonable request by BA, to meet with BA promptly and in good faith to determine the reasons that the foregoing percentage(s) was not met and to develop a plan for improvement. If Reseller CTC does not meet either of such conditions for a second consecutive month, Reseller CTC agrees, upon reasonable request by BA, to meet with BA promptly and in good faith to determine the reasons that the foregoing percentage(s) was not met and to develop a plan for improvement. If Reseller CTC does not meet either of such conditions for a third consecutive month, Reseller CTC shall be deemed to have materially defaulted in performing under this subsection, and BA may, at its sole option, not apply the Volume and Term Discount, Winback Discount and/or IntraLATA Toll Discount to Eligible Services purchased by Reseller CTC from BA under the Resale Agreements and/or applicable BA resale tariffs until Reseller CTC first meets both such conditions in a subsequent month of the Service Term.
Appears in 1 contract
Sources: Resale Agreement