Common use of Provision-then-Dispute Requirements Clause in Contracts

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from CPV for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Verizon shall process the request in accordance with any applicable standard intervals. If Verizon wishes to challenge CPV's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Verizon elects to invoke under the dispute resolution provisions of this Agreement. 1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Verizon’s favor, then CPV shall compensate Verizon for the additional charges that would apply if CPV had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 1.7.2.2.1 below as to Dark Fiber Transport) and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as CPV requests disconnection of the subject

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from CPV Globetel for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Verizon shall process the request in accordance with any applicable standard intervals. If Verizon wishes to challenge CPVGlobetel's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Verizon elects to invoke under the dispute resolution provisions of this Agreement. 1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Verizon’s favor, then CPV Globetel shall compensate compensat e Verizon for the additional charges that would apply if CPV Globetel had ordered the subject facility or service on a month-tot o-month term under Verizon's interstate special access tariff (except as provided in section 1.7.2.2.1 below as to Dark Fiber TransportTransport ) and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as CPV requests disconnection of the subjectrates