Common use of Assignments and Transfers Clause in Contracts

Assignments and Transfers. 18.1 Neither Party shall assign or transfer any right, obligation, or duty, or any other interest hereunder, in whole or in part, without first obtaining the prior written consent of the other Party, which shall not be unreasonably withheld, conditioned, or delayed. A proposed assignee or transferee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state as required by applicable state law. Following issuance of the written consent, the Parties shall amend this Agreement to reflect such assignments or transfer and shall work cooperatively to implement any changes required due to such assignment or transfer. All rights, obligations and duties of any Party to this Agreement shall be binding upon and inure to the benefit of all successors in interest and assigns of such Party. No assignment, delegation, or subcontract shall relieve the assignor or transferor of any obligations which accrued prior to an assignment or transfer. Notwithstanding any provision to the contrary in this Section 18, a Party shall not be permitted to assign or transfer this Agreement, in whole or in part, to any other entity unless the assigning or transferring Party (1) pays all undisputed past due and current undisputed amounts outstanding on all bills incurred pursuant to the terms of this Agreement, and the assignee or transferee expressly assumes liability for any amounts disputed pursuant to Section 2.1 of Attachment 7, or (2) the assignee or transferee expressly assumes liability for payment of all such amounts.

Appears in 23 contracts

Samples: MFN Agreement, MFN Agreement, MFN Agreement

AutoNDA by SimpleDocs

Assignments and Transfers. 18.1 Neither Party shall may assign or transfer any right, obligation, or duty, this Agreement or any other right or interest hereunderunder this Agreement, in whole or in partnor delegate any obligation under this Agreement, without first obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, withheld or delayed. A proposed Any attempted assignment or delegation in violation of this Section 18 shall be void and ineffective and constitute default of this Agreement. The assignee or transferee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state as required by applicable state lawthat VSSI is entitled to provide Telecommunications Service. Following issuance of the written After BellSouth’s consent, the Parties shall amend this Agreement to reflect such assignments or transfer and shall work cooperatively to implement any changes required due to such assignment or transferassignment. All rights, obligations and duties of any Party to under this Agreement shall be binding upon and inure to the benefit of on all successors in interest and assigns of such Party. No assignment, delegation, assignment or subcontract delegation hereof shall relieve the assignor or transferor of any its obligations which accrued prior under this Agreement in the event that the assignee fails to an assignment or transferperform such obligations. Notwithstanding any provision anything to the contrary in this Section 18Section, a Party VSSI shall not be permitted to assign or transfer this Agreement, Agreement in whole or in part, part to any other entity unless the assigning or transferring Party either (1) VSSI pays all undisputed bills, past due and current undisputed amounts outstanding on all bills incurred pursuant to the terms of current, under this Agreement, and the assignee or transferee expressly assumes liability for any amounts disputed pursuant to Section 2.1 of Attachment 7, or (2) the VSSI’s assignee or transferee expressly assumes liability for payment of all such amountsbills, and, pursuant to Section 18.2 below, VSSI and it’s assignee execute the required transfer agreement. 18.2 In the event that VSSI desires to transfer any services hereunder to another provider of Telecommunications Service, or VSSI desires to assume hereunder any services provisioned by BellSouth to another provider of Telecommunications Service, such transfer of services shall be subject to separately negotiated rates, terms and conditions.

Appears in 1 contract

Samples: Clec Agreement

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!