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8.13 Intentionally left blank.
GENERAL TERMS AND CONDITIONS /SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 27 OF 52
082505
8.14 # Each of the Parties will provide all bills and invoices to the other Party electronically when
technically feasible rather than in paper form. Upon request, the Parties will provide to the other
Party paper copies of bills or invoices for specific types of service (i.e., Resale, UNE, etc.).
8.15# Intentionally left blank.
8.16# Intentionally left blank.
8.17# In response to a trouble ticket initiated by CLEC where SBC determines in error that the trouble is
in CLEC’s network or CLEC end user’s equipment or communications systems, and CLEC
subsequently finds the trouble resides in SBC’s network, CLEC will be credited for all SBC trouble
isolation costs the original trouble ticket, and if deemed necessary, subsequent trouble tickets
warranted to the same case of trouble. In addition, CLEC may charge SBC after closing of the
trouble ticket, a charge for trouble isolation, at a rate not to exceed the tariffed amount that SBC
could charge CLEC under SBC’s tariff for the same service, provided that CLEC’s time for trouble
isolation must be reasonable in relation to the work actually performed, and further provided that
SBC may pay such charges to CLEC by means of an identifiable credit on CLEC’s account. If
either Party disagrees with the applicable charge assessed, the determination of the appropriate
charge will be subject to the dispute resolution provisions of this Agreement.
9. DISPUTE RESOLUTION
9.1 Finality of Disputes
9.1.1 Except as otherwise specifically provided in this Agreement (for example, in Section 8.5.1,
above), no claims will be brought for disputes arising from this Agreement more than 12
months from the date the occurrence which gives rise to the dispute is discovered or
reasonably should have been discovered with the exercise of due care and attention.
Likewise, no back bill will be issued for charges arising from this Agreement more than 12
months from the date of the service, occurrence or event giving rise to the charge or back
bill.
9.1.2 During the pendency of resolution of any dispute raised in accordance with this Section 9
of this Agreement, whether by settlement or by arbitration award, ruling, order or
judgment, each Party shall continue to perform all of its obligations under this Agreement,
and shall not, based upon an act or omission that is the subject of the dispute that is
pending resolution, discontinue or cease to provide all or any portion of obligations
pursuant to this Agreement, unless otherwise directed by the other Party.
9.2 Alternative to Litigation
# Conformed to Docket 28821
9.2.1 Dispute resolution under the procedures provided in this Section 9 shall be the preferred,
but not the exclusive, remedy for all disputes between SBC TEXAS and CLEC arising out
of this Agreement or its breach. Each Party reserves its rights to resort to the
Commission or to a court, agency, or regulatory authority of competent jurisdiction with
respect to disputes as to which the Commission or such court, agency, or regulatory
authority specifies a particular remedy or procedure. However, except for an action
seeking a temporary restraining order or an injunction related to the purposes of this