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
11.6.2 deposit the disputed portion of any Unpaid Charges into an interest bearing escrow account that complies
with all of the terms set forth in Section 10.10 above within the time specified in Section 11.2 above. Cricket
reserves its rights to modify this Section 11.6.2 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 Docket
No. U-31350.
11.6.3 timely furnish any assurance of payment requested in accordance with Section 9.0 above; or
11.6.4 make a payment in accordance with the terms of any mutually agreed payment arrangement, the Billing
Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide
written demand to the Non-Paying Party for payment of any of the obligations set forth in the above Sections
11.6.1, 11.6.2, 11.6.3 and 11.6.4 within ten (10) Business Days. On the day that the Billing Party provides
such written demand to the Non-Paying Party, the Billing Party may also exercise any or all of the following
options:
11.6.4.1 suspend acceptance of any application, request or order from the Non-Paying Party for new or
additional Interconnection under this Agreement;
11.6.4.2 and/or suspend completion of any pending application, request or order from the Non-Paying
Party for new or additional Interconnection Service under this Agreement.
11.7 Where required, a copy of the demand provided to WSP under Section 11.6 will also be provided to the Commission
at the same time.
11.8 Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of its options under
Section 11.6 above, and Sections 11.6.4.1.1 above and 11.6.4.1.2 above:
11.8.1 will not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or
before the applicable Bill Due Date, and
11.9 For AT&T LOUISIANA, if the Non-Paying Party fails to pay undisputed Unpaid Charges, the Billing Party on or before
the date specified in the demand provided under Section 11.6 above of this Agreement, the Billing Party may, in
addition to exercising any other rights or remedies it may have under Applicable Law:
11.9.1 cancel any pending application, request or order for new or additional Interconnection products and/or
services and network elements, under this Agreement; and
11.9.2 disconnect any interconnection products and/or services furnished under this Agreement.
11.9.3 Discontinue providing any Interconnection products and/or services furnished under this Agreement.
11.9.3.1 Intentionally Left Blank.
11.10 Limitation on Back-billing and Credit Claims:
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11.10.1 Notwithstanding anything to the contrary in this Agreement, a Party shall be entitled to:
11.10.1.1 Back-bill for or Claim credit for any charges for services provided pursuant to this Agreement
that are found to be unbilled, under-billed or over-billed, but only when such charges appeared
or should have appeared on a bill dated within the twelve (12) months immediately preceding
the date on which the Billing Party provided written notice to the Billed Party of the amount of
the back-billing or the Billed Party provided written notice to the Billing Party of the claimed
credit amount. The Parties agree that the twelve (12) month limitation on back-billing and
credit Claims set forth in the preceding sentence shall be applied prospectively only after the
Effective Date of this Agreement, meaning that the twelve month period for any back-billing or
credit Claims may only include billing periods that fall entirely after the Effective Date of this