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4. BILLING AND PAYMENT. <br />4.1 Invoicing. <br />A. Commencement of Invoicing. CenturyLink may begin invoicing Customer in full for <br />rates and charges on the later of: <br />(1) the date the Products or Services are installed and made available; or <br />(2) the first day of the first bill cycle after the Effective Date. <br />B. Delays. If CenturyLink cannot install or make available the Products or Services by the <br />delivery date specified in the Order due to aCustomer-caused delay, CenturyLink may <br />bill Customer as of the delivery date specified in the Order, or if no date is specified, any <br />time 30 days after the Effective Date. <br />C. Recurring Services, For recurring Services and nonrecurring charges, CenturyLink bills <br />fixed service charges in advance, and usage-based chazges in atreazs. <br />D. Additional Invoice Information. Customer may make a written request to CenturyLink <br />for additional invoice-related information, including duplicate invoices, to the extent such <br />information is reasonably available in CenturyLink's sole discretion. CenturyLink may <br />chazge Customer for such information. Customer may only request information from <br />CenturyLink for the 12-month period preceding the date of Customer's written request. <br />4.2 Payment and Late Charges. Unless otherwise defined in the Agreement, Customer must pay all <br />undisputed amounts by the due date listed on Customer's invoice, which may be up to 30 days <br />from the date of the invoice. Customer's payments to CenturyLink must be in the form of <br />electronic funds transfer (via wire transfer or ACID, cash payments (via previously-approved <br />CenturyLink processes only), or paper check. Other than items subject to a bona fide dispute, <br />CenturyLink may chazge a late fee (up to the maximum rate allowed by law) or take other action <br />to compel payment of past due amounts after written notice to Customer, including suspension or <br />termination of Services, unless prohibited by applicable law or regulation. Service that is <br />suspended or terminated for nonpayment may be subject to a reconnection charge. Customer may <br />not offset disputed amounts from one invoice against payments due on the same or another <br />account CenturyLink's acceptance of late or partial payments (even those mazked, "Paid in Full") <br />and late payment chazges is not a waiver of its right to collect the full amount due. Customer's <br />payment obligations include late charges and third party collection costs CenturyLink incurs, <br />including reasonable attorneys' fees, if Customer fails to cure its breach of these payment terms. <br />4.3 Disputed Invoice Charges. If Customer disputes a chazge in good faith, Customer may withhold <br />payment of that chazge if Customer makes timely payment of all undisputed charges within the <br />payment period described in Section 4.2, and provides CenturyLink with a written explanation of <br />the reasons for Customer's dispute of the chazge. Customer must cooperate .with CenturyLink to <br />promptly resolve any disputed charge. If CenturyLink determines, in good faith, that the disputed <br />charge is valid, CenturyLink will notify Customer and, within five business days of receiving <br />notice, Customer must pay the charge. <br />5. CREDIT APPROVAL. CenturyLink's provision of Products and Services is subject to CenturyLink's <br />credit approval of Customer. As part of the credit approval process, CenturyLink may require Customer to <br />provide a deposit or other security. Additionally during the Agreement Term, if Customer's financial <br />circumstance or payment history becomes reasonably unacceptable to CenturyLink, CenturyLink may <br />require adequate assurance of future payment as a condition of continuing CenturyLink's provision of <br />Products and Services. Customer's failure to provide adequate assurances required by CenturyLink is a <br />material breach of the Agreement. CenturyLink may provide Customer's payment history or other <br />billing/chazge information to any credit reporting agency or industry clearinghouse. <br />#280902v.10 Page 3 of 11 Rev. 115.10 <br />