AT&T Wholesale Agreement - AT&T Clec Online

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General Terms and Conditions/AT&T LOUISIANA
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Cricket Communications, Inc.
Version: 2Q09 – Two-Way CMRS ICA - Wireless – 05/05/09
Clearing House Association (ACH) to the financial institution designated by AT&T LOUISIANA and the following
obligations set forth in paragraphs 10.6 through 10.8, shall apply. Remittance Information will be communicated
together with the funds transfer via the ACH network. WSP must use the CCD+ or the CTX Standard Entry Class
code. WSP and AT&T LOUISIANA will abide by the National Automated Clearing House Association (NACHA)
Rules and Regulations. Each ACH payment must be received by AT&T LOUISIANA no later than the Bill Due Date
of each bill or Late Payment Charges will apply. AT&T LOUISIANA is not liable for any delays in receipt of funds or
errors in entries caused by WSP or Third Parties, including WSP’s financial institution. WSP is responsible for its
own banking fees.
10.7 Prior to establishing EFT, WSP will complete a Customer Information Form for Electronic Payments (ECF11 Form)
found on the AT&T Prime Access website. This form provides AT&T LOUISIANA with WSP’s set up and contract
information for electronic payments. AT&T LOUISIANA banking information will be provided by AT&T LOUISIANA
Treasury & Remittance Operations on AT&T LOUISIANA approved forms after the WSP’s completed ECF11 form is
received, testing has completed and certification confirmed.
10.8 Processing of payments not made via electronic funds credit transfers through the ACH network may be delayed.
WSP is responsible for any Late Payment Charges resulting from WSP’s failure to use electronic funds credit
transfers through the ACH network.
10.9 If any portion of an amount due to the billing Party under this Agreement is subject to a bona fide dispute between
the Parties, the Non-Paying Party must, prior to the Bill Due Date, give written notice to the billing Party of the
Disputed Amounts and include in such written notice the specific details and reasons for disputing each item listed in
Section 12.0 below. The Disputing Party should utilize any existing and preferred form or method provided by the
billing Party to communicate disputes to the billing Party. On or before the Bill Due Date, the Non-Paying Party must
pay (i) all undisputed amounts to the billing Party, and (ii) all Disputed Amounts, other than disputed charges arising
from reciprocal compensation into an interest bearing escrow account with a Third Party escrow agent mutually
agreed upon by the Parties. In addition, where the Billing Party assesses charges or fees that are not set forth in the
Pricing Sheet to this agreement, the applicable tariff, or that are not specifically authorized by the terms of this
agreement, the Billed Party may withhold payment of such charges in accordance with the Dispute Resolution
provisions of Section 12. Cricket reserves its rights to modify this Section 10.9 consistent with the state
Commission’s findings in a final and effective order in Docket No. U-31350 (“Commission Order”) in accordance with
Sections 39.2 and 39.3 below. Notwithstanding the fact that such a Commission Order may not constitute
Intervening Law as set forth in Section 21 of the General Terms and Conditions of this Agreement, the Parties will
implement any such modification via an amendment to this Agreement pursuant to the timelines and procedures set
forth therein. Both Parties reserve their rights to modify this language pursuant to any appeals resulting from Docket
No. U-31350.
10.9.1 In addition to the billing dispute processes described in this Section 10, either Party may dispute any
charges on invoices that have already been paid by the billed Party, subject to the limitations set forth in
Section 11.10 below. Where the disputed amount is paid to the billing Party, and subsequently disputed by
the billed Party, the billing Party will refund paid disputed amounts, with interest, for any disputes of
previously paid invoices resolved in favor of the billed Party. Interest due the billed Party upon resolution of
the dispute shall be calculated from the date payment is made, and shall be established pursuant to the
interest formula set forth in Section 10.3.1, above.
10.10 Requirements to Establish Escrow Accounts.
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10.10.1 To be acceptable, the Third Party escrow agent must meet all of the following criteria:
10.10.1.1 The financial institution proposed as the Third Party escrow agent must be located within the
continental United States;
10.10.1.2 The financial institution proposed as the Third Party escrow agent may not be an Affiliate of
either Party; and
10.10.1.3 The financial institution proposed as the Third Party escrow agent must be authorized to
handle ACH credit transfers.