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Page 24 of 250 CELLULAR/PCS GENERAL TERMS & CONDITIONS/AT&T-13STATE PAGE 24 OF 45 AT&T-13STATE/NEW CINGULAR WIRELESS PCS,LLC 091506 by submitting to the other Party a written demand for arbitration (“Arbitration Notice”). Unless agreed upon by the Parties, Formal Dispute Resolution procedures described below, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) days after receipt of the Informal Dispute Resolution Notice. 6 .7 Claims Subject to Mandatory Arbitration 6.7.1 Claims, if not settled through Informal Dispute Resolution, will be subject to mandatory arbitration pursuant to Section 6.7.1.1 below: 6.7.1.1 Each unresolved billing dispute involving one percent (1%) or less of the amounts charged to the Disputing Party under this Agreement in the state in which the dispute arises during the twelve (12) months immediately preceding receipt of the letter initiating Dispute Resolution under Section 6.4. If the disputing Party has not been billed for a minimum of twelve (12) months immediately preceding receipt of the letter initiating Dispute Resolution under Section 6.4, the Parties will annualize the number of months actually billed. 6.7.2 Claims Subject to Elective Arbitration. All Claims not described in Section 6.7.1.1 above will be subject to arbitration if, and only if, the Claim is not settled through Informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism. 6.7.3 Claims Not Subject to Arbitration. If the following Claims are not resolved through Informal Dispute Resolution, they will not be subject to arbitration and must be resolved through any remedy available to a Party pursuant to law, equity or agency mechanism. 6.7.3.1 Actions seeking a temporary restraining order or an injunction related to the purposes of this Agreement. 6 .7.3.2 Actions to compel compliance with the Dispute Resolution process. 6 .7.3.3 All Claims arising under federal or state statute(s), including antitrust Claims. 6 .8 Arbitration 6.8.1 Disputes subject to mandatory or elective arbitration under the provisions of this Agreement will be submitted to a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association or pursuant to such other provider of arbitration services or rules as the Parties may agree. The arbitrator shall be knowledgeable of telecommunications issues. Each arbitration will be held in Dallas, Texas (AT&T SOUTHWEST REGION 5-STATE); Chicago, Illinois (AT&T MIDWEST REGION 5-STATE), San Francisco, California (AT&T CALIFORNIA); Reno, Nevada (AT&T NEVADA); or New Haven, Connecticut (AT&T CONNECTICUT), as appropriate, unless the Parties agree otherwise. The arbitration hearing will be requested to commence within sixty (60) calendar days of the demand for arbitration. The arbitrator will control the scheduling so as to process the matter expeditiously. The times specified in this section may be extended or shortened upon mutual agreement of the Parties or by the arbitrator upon a showing of good cause. The Parties may submit written briefs upon a schedule determined by the arbitrator. The Parties will request that the arbitrator rule on the dispute by issuing a written opinion within thirty (30) calendar days after the close of hearings. 6.8.2 The Federal Arbitration Act, 9 U.S.C. §§ 1-16, not state law, shall govern the arbitrability of all disputes. Notwithstanding any rule of the AAA Commercial Arbitration Rules to the contrary, the Parties agree that the arbitrator will have no authority to award punitive damages, exemplary damages, Consequential Damages, multiple damages, or any other damages not measured by the prevailing Party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. The times specified in this Section may be extended or shortened upon mutual agreement of the Parties or by the arbitrator upon a showing of good cause. Each Party will bear its own costs of these procedures, including attorneys' fees. The Parties will equally split the fees of the arbitration and the
Page 25 of 250 CELLULAR/PCS GENERAL TERMS & CONDITIONS/AT&T-13STATE PAGE 25 OF 45 AT&T-13STATE/NEW CINGULAR WIRELESS PCS,LLC 091506 arbitrator. The arbitrator's award shall be final and binding and may be entered in any court having jurisdiction thereof. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. 6 .9 Resolution of ASC Disputes 6.9.1 The following provisions apply specifically to the resolution of ASC disputes. 6.9.1.1 When ASC disputes are resolved in favor of the Disputing Party, the following will occur within thirty (30) days: 6.9.1.2 Interest will be paid by the invoicing Party on any amounts paid in excess of the amount found to be due according to the ASC Dispute Resolution from the date of Notice of Disputed Amounts. 6.9.1.3 Payments made in excess of the amount found to be due according to the ASC Dispute Resolution will be reimbursed by the invoicing Party. 6.9.2 When ASC disputes are resolved in favor of the invoicing Party, the following will occur within thirty (30) days: 6.9.2.1 Late payment charges calculated from the Payment Due Date through date of remittance will be paid by the Disputing Party on any amount not paid that was found to be due according to the ASC Dispute Resolution. 6.9.2.2 Any amounts not paid but found to be due according to the ASC Dispute Resolution will be paid to the invoicing Party. 6.9.2.3 Failure by a Party to pay any charges determined to be owed within the applicable time period specified above shall be considered a failure to perform a material obligation or a breach of a material term of this Agreement. 7. AUDITS – Applicable in AT&T-12STATE only 7.1 Subject to the restrictions set forth in Section 14 and except as may be otherwise expressly provided in this Agreement, a Party (the “Auditing Party”) may audit the other Party’s (the “Audited Party”) books, records, data and other documents, as provided herein, once annually, with the audit period commencing not earlier than the date on which services were first supplied under this Agreement ("service start date") for the purpose of evaluating (i) the accuracy of Audited Party’s billing and invoicing of the services provided hereunder and (ii) verification of compliance with any provision of this Agreement that affects the accuracy of Auditing Party's billing and invoicing of the services provided to Audited Party hereunder. Notwithstanding the foregoing, an Auditing Party may audit the Audited Party’s books, records and documents more than once annually if the previous audit found (i) previously uncorrected net variances or errors in invoices in Audited Party’s favor with an aggregate value of at least five percent (5%) of the amounts payable by Auditing Party for audited services provided during the period covered by the audit or (ii) non-compliance by Audited Party with any provision of this Agreement affecting Auditing Party's billing and invoicing of the services provided to Audited Party with an aggregate value of at least five percent (5%) of the amounts payable by Audited Party for audited services provided during the period covered by the audit. 7.1.1 The scope of the audit shall be limited to the period which is the shorter of (i) the period subsequent to the last day of the period covered by the audit which was last performed (or if no audit has been performed, the service start date and (ii) the twelve (12) month period immediately preceding the date the Audited Party received notice of such requested audit, but in any event not prior to the service start date. Such audit shall begin no fewer than thirty (30) days after Audited Party receives a written notice requesting an audit and shall be completed no later than thirty (30) days after the start of such audit. 7.1.2 Such audit shall be conducted either by the Auditing Party's employee(s) or an independent auditor acceptable to both Parties; provided, however, if the Audited Party requests that an
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Page 9 and 10: Page 9 of 250 1 .60 “InterLATA”
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Non- Non- Monthly Recurring Recurri
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