Common use of POST TERMINATION INTERIM SERVICE ARRANGEMENTS Clause in Contracts

POST TERMINATION INTERIM SERVICE ARRANGEMENTS. 4.1 No later than 160 days prior to the End Date, Carrier will provide Sprint notice to commence negotiations pursuant to sections 251 and 252 of the Act for terms, conditions and rates for a successor agreement to be effective on or before the End Date. 4.2 In the event that this Agreement expires under Section 3.1, and the Parties have not executed a successor agreement at the time of expiration, provided the Parties are actually in arbitration or mediation before the Commission or FCC under § 252 of the Act or the Parties have a written agreement to continue negotiations, it is the intent of the Parties to provide in this Section for post-expiration interim service arrangements between the Parties so that service to their respective end users will not be interrupted should a new agreement not be consummated prior to the End Date. Therefore, except in the case of termination as a result of the events under sections 3.2, 3.3 and 3.5, services that had been available under this Agreement, were ordered prior to the End Date and are actually in service as of the End Date may continue uninterrupted after the End Date at the written request of either Party only until the earlier to occur of (i) the Parties execute a successor agreement or (ii) the issuance of an order, whether a final non-appealable order or not, by the Commission or FCC, approving an agreement resulting from the resolution of the issues set forth in such arbitration or mediation request. 4.3 In the event that on the End Date the Parties have not executed a successor agreement and neither Section 4.2(i) nor 4.2(ii) applies, upon written notice to Carrier, Sprint will continue to provide services pursuant to the terms of its then- current standard CMRS Interconnection Agreement.

POST TERMINATION INTERIM SERVICE ARRANGEMENTS. 4.1 5.1. No later than 160 days one-hundred sixty (160) Days prior to the End Date, Carrier will provide Sprint Embarq notice to commence negotiations pursuant to sections §§251 and 252 of the Act for terms, conditions and rates for a successor agreement to be effective on or before the End Date. 4.2 5.2. In the event that this Agreement expires under Section 3.1§4.3, and the Parties have not executed a successor agreement at the time of expiration, provided the Parties are actually in arbitration or mediation before the Commission or FCC under § §252 of the Act or the Parties have a written agreement to continue negotiationsnegotiations under §252, should a new agreement not be consummated prior to the End Date, it is the intent of the Parties to provide in this Section for post-expiration interim service arrangements between the Parties so that service to their respective end users will not be interrupted should a new agreement not be consummated prior to the End Date. Therefore, except in the case of termination as a result of the events either Party’s default under sections 3.2§4.5, 3.3 and 3.5or for termination upon sale under §4.7, for services that had been available under this Agreement, were ordered prior to the End Date and are were actually in in-service as of the End Date Date, may continue uninterrupted after the End Date at the written request of either Party only until the earlier to occur of (i) the Parties execute a successor agreement or agreement, (ii) the issuance of an order, whether a final non-appealable order or not, by the Commission or FCC, approving an agreement resulting from the resolution of the issues set forth in such arbitration or mediation request, or (iii) the first anniversary of the End Date. 4.3 5.3. In the event that on the End Date the Parties have not executed a successor agreement and neither Section 4.2(i) nor 4.2(ii) 5.2 does not apply or no longer applies, upon written notice to Carrier, Sprint Embarq will continue to provide services pursuant to one of the following: 5.3.1. a new agreement is voluntarily entered into by the Parties; or 5.3.2. service is provided under such standard terms and conditions or tariffs approved by and made generally available by the Commission, if they exist at the time of its then- current standard CMRS Interconnection Agreementtermination; or‌ 5.3.3. Carrier elects to take service pursuant to the entire terms and conditions of an existing agreement between Embarq and another carrier for the remaining term of that agreement. If neither §5.3.1 nor §5.3.2 are in effect, and Carrier does not designate an agreement under this subsection, Embarq may designate an agreement.