Common use of Transition Procedure Clause in Contracts

Transition Procedure. 2.1 SBC Illinois shall only be obligated to provide Lawful UNEs under this Agreement. To the extent an element described as a Lawful UNE or an unbundled network element in this Agreement should cease to be a Lawful UNE, SBC Illinois may discontinue the provision of such element, whether previously provided alone or in combination with or as part of any other arrangement with other Lawful UNEs or other elements or services. Accordingly, in the event one or more elements described as Lawful UNEs or as unbundled network elements in this Agreement should cease to be Lawful UNEs, SBC Illinois will provide written notice to CLEC of its discontinuance of the element(s) and/or the combination or other arrangement in which the element(s) has been previously provided. During a transitional period of thirty (30) days from the date of such notice, SBC Illinois agrees to continue providing such element(s) under the terms of this Agreement. Upon receipt of such written notice, CLEC will cease ordering new elements that are identified as no longer being Lawful UNEs in the SBC Illinois notice letter referenced in this Section 2.1. SBC Illinois reserves the right to audit the CLEC orders transmitted to SBC Illinois and to the extent that the CLEC has processed orders and such orders are provisioned after this 30-day transitional period, such elements are still subject to this Section 2, including the options set forth in (a) and (b) below, and SBC Illinois’ rights of discontinuance or conversion in the event the options are not accomplished. During such 30-day transitional period, the following options are available to CLEC with regard to the element(s) identified in the SBC Illinois notice, including the combination or other arrangement in which the element(s) were previously provided: (a) CLEC may issue an LSR or ASR, as applicable, to seek disconnection or other discontinuance of the element(s) and/or the combination or other arrangement in which the element(s) were previously provided; or (b) SBC Illinois and CLEC may agree upon another service arrangement or element (e.g. via a separate agreement at market-based rates or resale), or may agree that an analogous access product or service may be substituted, if available. i. In the case of UNE-P, the substitute product or service shall be Resale; and ii. In the case of loops and transport, the substitute product or service shall be the analogous access product, if available. Notwithstanding anything to the contrary in this Agreement, including any amendments to this Agreement, at the end of that thirty (30) day transitional period, unless CLEC has submitted an disconnect/discontinuance LSR or ASR, as applicable, under (a), above, and if CLEC and SBC Illinois have failed to reach agreement, under (b), above, as to a substitute service arrangement or element, then SBC Illinois may, at its sole option, disconnect the element(s), whether previously provided alone or in combination with or as part of any other arrangement, or convert the subject element(s), whether alone or in combination with or as part of any other arrangement to an analogous resale or access service, if available. 2.2 The provisions set forth in this Section 2 “Transition Period” are self-effectuating, and the Parties understand and agree that no amendment shall be required to this Agreement in order for the provisions of this Section 2 “Transition Period” to be implemented or effective as provided above. Further, Section 2 “Transition Period” governs the situation where an unbundled network element or Lawful UNE under this Agreement ceases to be a Lawful UNE even where the Agreement may already include an intervening law, change in law or other substantively similar provision. The rights and obligations set forth in Sections 1 and 2, above, apply in addition to any other rights and obligations that may be created by such intervening law, change in law or other substantively similar provision.

Transition Procedure. 2.1 SBC Illinois shall only be obligated to provide Lawful UNEs under this Agreement. To the extent an element described as a Lawful UNE or an unbundled network element in this Agreement should cease to be a Lawful UNE, SBC Illinois may discontinue the provision of such element, whether previously provided alone or in combination with or as part of any other arrangement with other Lawful UNEs or other elements or services. Accordingly, in the event one or more elements described as Lawful UNEs or as unbundled network elements in this Agreement should cease to be Lawful UNEs, SBC Illinois will provide written notice to CLEC of its discontinuance of the element(s) and/or the combination or other arrangement in which the element(s) has been previously provided. During a transitional period of thirty (30) days from the date of such notice, SBC Illinois agrees to continue providing such element(s) under the terms of this Agreement. Upon receipt of such written notice, CLEC will cease ordering new elements that are identified as no longer being Lawful UNEs in the SBC Illinois notice letter referenced in this Section 2.1. SBC Illinois reserves the right to audit the CLEC orders transmitted to SBC Illinois and to the extent that the CLEC has processed orders and such orders are provisioned after this 30-day transitional period, such elements are still subject to this Section 2, including the options set forth in (a) and (b) below, and SBC Illinois’ rights of discontinuance or conversion in the event the options are not accomplished. During such 30-day transitional period, the following options are available to CLEC with regard to the element(s) identified in the SBC Illinois notice, including the combination or other arrangement in which the element(s) were previously provided: (a) CLEC may issue an LSR or ASR, as applicable, to seek disconnection or other discontinuance of the element(s) and/or the combination or other arrangement in which the element(s) were previously provided; or (b) SBC Illinois and CLEC may agree upon another service arrangement or element (e.g. via a separate agreement at market-based rates or resale), or may agree that an analogous access product or service may be substituted, if available. i. In the case of UNE-P, the substitute product or service shall be Resale; and ii. In the case of loops and transport, the substitute product or service shall be the analogous access product, if available. Notwithstanding anything to the contrary in this Agreement, including any amendments to this Agreement, at the end of that thirty (30) day transitional period, unless CLEC has submitted an a disconnect/discontinuance LSR or ASR, as applicable, under (a), above, and if CLEC and SBC Illinois have failed to reach agreement, under (b), above, as to a substitute service arrangement or element, then SBC Illinois may, at its sole option, disconnect the element(s), whether previously provided alone or in combination with or as part of any other arrangement, or convert the subject element(s), whether alone or in combination with or as part of any other arrangement to an analogous resale or access service, if available. 2.2 The provisions set forth in this Section 2 “Transition Period” are self-effectuating, and the Parties understand and agree that no amendment shall be required to this Agreement in order for the provisions of this Section 2 “Transition Period” to be implemented or effective as provided above. Further, Section 2 “Transition Period” governs the situation where an unbundled network element or Lawful UNE under this Agreement ceases to be a Lawful UNE even where the Agreement may already include an intervening law, change in law or other substantively similar provision. The rights and obligations set forth in Sections 1 and 2, above, apply in addition to any other rights and obligations that may be created by such intervening law, change in law or other substantively similar provision.