Common use of Report and Order Clause in Contracts

Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the "GTE Terms" and the "MCI Terms" are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 46, then the Parties agree that they will reopen negotiations within ten (10) days after receipt of the final decision making such deletion or modification in order to negotiate replacement provisions which comply with such Commission or court requirements and which provide substantially the same protections to the Parties as this Section 46. If the Parties cannot reach agreement as to replacement provisions for this Section 46 within twenty (20) calendar days of the initiation of negotiations, the Parties agree that this entire Section 46 is void. In such event, within twenty five (25) days following the close of the 20 day negotiation period, either Party may initiate the Dispute Resolution Process provided in Article III, Section 14.1 herein regarding issues in dispute for such replacement provisions.

Appears in 1 contract

Sources: Interconnection, Resale and Unbundling Agreement (Rhythms Net Connections Inc)

Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the "GTE Terms" Terms and the "MCI Terms" Terms are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, including but not limited to any generic proceeding to determine GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE's end user surcharge)), the establishment of a competitively neutral universal service system, or any appeal or other litigation. If the Commission (or any other commission or federal or state court) in reviewing this Agreement pursuant to applicable state and or federal laws, including Section 252(e) of the Telecommunications Act of 1996, deletes or modifies in any way this Section 4643, then the Parties agree that they will reopen negotiations within ten (10) days after receipt of the final decision making such deletion or modification in order to negotiate replacement provisions which comply with such Commission or court requirements and which attempt to craft the new provision that will provide substantially the same protections to the Parties GTE and Valu-Line as this Section 4643. If the Parties cannot reach agreement as to replacement provisions for this Section 46 on such a provision within twenty (20) calendar days of the initiation of negotiationsthereafter, the Parties agree that the entire Agreement is void and will not become effective, and Valu-Line agrees to withdraw this entire Section 46 is voidAgreement from consideration by the Commission (or any other commission or federal or state court). In such event, within twenty five (25) each Party shall have 25 days following the close of the 20 20-day negotiation period, either Party may initiate period within which to file a petition for arbitration before the Dispute Resolution Process provided in Article III, Commission under Section 14.1 herein regarding 252(e) of the Telecommunications Act of 1996 of the issues that remain in dispute for such replacement provisionsunder this paragraph.

Appears in 1 contract

Sources: Resale Agreement (Advanced Communications Group Inc/De/)