Common use of Renegotiation of Certain Terms Clause in Contracts

Renegotiation of Certain Terms. 21.2.1 Notwithstanding the foregoing, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within sixty (60) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions or the Commission does not issue its order, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to such expiration date. 21.2.2 If this Agreement is renewed past the Initial Term, the wholesale discounts as set forth in the Pricing Schedule shall be subject to review and adjustment by the Commission upon the expiration of the Initial Term of this Agreement, unless the Parties are able to satisfactorily negotiate resale discounts to be applied during the Renewal Term(s). The Parties agree that the resale discount ultimately ordered by the Commission or negotiated by the Parties shall be retroactive to the expiration date of the Initial Term.

Renegotiation of Certain Terms. 21.2.1 Notwithstanding the foregoing, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within sixty (60) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions or the Commission does not issue its order, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to such expiration date. 21.2.2 21.2.1 If this Agreement is renewed past the Initial Term, the wholesale discounts as set forth in the Pricing Schedule shall be subject to review and adjustment by the Commission upon the expiration of the Initial Term of this Agreement, unless the Parties are able to satisfactorily negotiate resale discounts to be applied during the Renewal Term(s). The Parties agree that the resale discount ultimately ordered by the Commission or negotiated by the Parties shall be retroactive to the expiration date of the Initial Term.

Renegotiation of Certain Terms. 21.2.1 Notwithstanding the foregoing, upon delivery of written notice at least one hundred twenty and thirty-five (120135) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within sixty one hundred and thirty-five days (60135) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. When the Parties are in the arbitration process and/or are negotiating a successor agreement, the terms and conditions of this agreement will continue to apply until the Parties reach a new negotiated agreement or arbitrated agreement, or ICG opts into a then existing agreement. If the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions or the Commission does not issue its order, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to such expiration date. 21.2.2 If this Agreement is renewed past the Initial Term, the wholesale discounts as set forth in the Pricing Schedule shall be subject to review and adjustment by the Commission upon the expiration of the Initial Term of this Agreement, unless the Parties are able to satisfactorily negotiate resale discounts to be applied during the Renewal Term(s). The Parties agree that the resale discount ultimately ordered by the Commission or negotiated by the Parties shall be retroactive to the expiration date of the Initial Term.

Renegotiation of Certain Terms. 21.2.1 Notwithstanding the foregoing, if this Agreement expires under Section 21.1 and at the time of expiration, the Parties have commenced negotiations of a new Agreement under 252 of the Act, then at the request of either Party, the Parties shall provide each other services contemplated under this Agreement after the termination date under the same terms as the expired Agreement. Upon the issuance of an order, whether a final non-appealable order or not, by the Commission or FCC, approving a successor Agreement, the rates, terms and conditions of such successor Agreement shall become effective retroactive to the termination date of this Agreement and the Parties will true-up any differences. Notwithstanding the foregoing, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Term, either Party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within sixty (60) days of such written notice, either Party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If the Parties are unable to mutually agree on such new rates, prices, charges, terms and conditions or the Commission does not issue its order, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall be effective retroactive to such expiration date. 21.2.2 If this Agreement is renewed past the Initial Term, the wholesale discounts as set forth in the Pricing Schedule shall be subject to review and adjustment by the Commission upon the expiration of the Initial Term of this Agreement, unless the Parties are able to satisfactorily negotiate resale discounts to be applied during the Renewal Term(s). The Parties agree that the resale discount ultimately ordered by the Commission or negotiated by the Parties shall be retroactive to the expiration date of the Initial Term.

Renegotiation of Certain Terms. 21.2.1 Notwithstanding the foregoing, upon delivery of written notice at least one hundred twenty (120) days prior to the expiration of the Initial Term or any Renewal Termrenewal term, either Party party may require negotiations of the rates, prices and charges, terms, and conditions of the services to be provided under this Agreement effective upon 2/ Since the terms of this Agreement are the result of Carrier’s election under Section 252(i) of the Act to adopt the Nextel West Agreement, the initial term of this Agreement shall expire on August 6, 2001. such expiration. If the Parties are unable to satisfactorily negotiate such new rates, prices, charges and terms within sixty ninety (6090) days of such written notice, either Party party may petition the Commission or take such other action as may be necessary to establish appropriate terms. If the Parties are unable to mutually agree on such new rates, prices, charges, charges and terms and conditions or the Commission does not issue its orderorder prior to the applicable expiration date, the Parties agree that the rates, terms and conditions ultimately ordered by such Commission or negotiated by the Parties shall will be effective retroactive to such expiration date. 21.2.2 . If this Agreement is renewed past the Initial Term, the wholesale discounts a Party has given written notice of termination as set forth in above, and if the Pricing Schedule Parties have not mutually agreed to temporarily extend the terms of this Agreement pending re-negotiation, this Agreement shall be subject to review and adjustment by expire at the Commission upon the expiration end of the Initial Term and shall not govern the relationship of this Agreement, unless the Parties are able to satisfactorily negotiate resale discounts to be applied during the Renewal Term(s). The Parties agree after that the resale discount ultimately ordered by the Commission or negotiated by the Parties shall be retroactive to the expiration date of the Initial Termdate.