Common use of Traffic to be Exchanged Clause in Contracts

Traffic to be Exchanged. The Parties shall reciprocally terminate Local, IntraLATA Toll, optional EAS and jointly provided IXC traffic (or other traffic the Parties agree to exchange) originating on each other's networks utilizing either Direct or Indirect Network Interconnections as provided in Section 4 or Section 5 herein. To this end, the Parties agree that there will be interoperability between their networks. The Parties agree to exchange traffic associated with third party LECs, CLECs and Wireless Service Providers pursuant to the compensation arrangement specified in Section 3.3 herein. In addition, the Parties will notify each other of any anticipated change in traffic to be exchanged (e.g., traffic type, volume). The Parties have not agreed as to how ESP/ISP Traffic should be exchanged between the Parties and whether and to what extent compensation is due either Party for exchange of such traffic. The FCC has issued a NPRM on prospective treatment of ESP/ISP Traffic. Nevertheless, without waiving any of its rights to assert and pursue its position of issues related to ESP/ISP Traffic, each Party agrees, solely for the purposes of facilitating the completion of this Agreement pending further regulatory action on these issues, that until such issues are resolved, the Parties shall exchange and track ESP/ISP Traffic but no compensation shall be paid for ESP/ISP Traffic exchanged between the Parties. At such time as the law governing the issue of compensation for termination of ESP/ISP Traffic is resolved and is final, nonappealable and binding upon the Parties and this Agreement, the Parties will meet to discuss whether any further negotiations are required at that time as a result of the status of the applicable law on this issue. This agreement not to compensate for ESP/ISP Traffic, shall in nom manner whatsoever establish any precedent, waiver, course of dealing or in any way evidence either Party’s position or intent with regard to exchange and/or compensation of ESP/ISP Traffic, each Party reserving all its rights with respect to these issues.