Common use of Assurance of Payment Clause in Contracts

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon request by Frontier, Onvoy shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance of payment shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy in connection with this Agreement. If Onvoy meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌ 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance of payment upon notice to Onvoy in respect of any amounts to be paid by Onvoy hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance of payment, upon request by Frontier, Onvoy shall provide a replacement or supplemental assurance of payment conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance of payment is requested by Frontier hereunder shall in no way relieve Onvoy from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 6 contracts

Samples: Agreement for Local Interconnection, Agreement for Local Interconnection, Interconnection Agreement

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Assurance of Payment. 6.1 If an event specified Frontier may, in Section 6.2 occursorder to safeguard its interest, then upon request require DISH Wireless to make a deposit to be held by FrontierFrontier as a guarantee of the payment of rates and charges, Onvoy shallunless satisfactory credit has already been established. Any such deposit may be held during the continuance of the service as security for the payment of any and all amounts accruing for the service. A deposit will be returned with interest, at any the Commission prescribed deposit rate, if and when DISH Wireless pays its undisputed bills on time and from time to time, provide to Frontier adequate assurance of payment of amounts due for twenty-four (or to become due24) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3consecutive months. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, of a cash security deposit or an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance of payment shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy DISH Wireless in connection with this Agreement. If Onvoy meets Frontier reserves the condition right to increase the deposit requirements when, in subsection 6.2(dits sole judgment, the conditions justify such action; such conditions include but are not limited to: current deposit does not cover two (2) above months billing, history of late payment, or has failed to timely pay two or more bills rendered by Frontier reconnection after disconnection for non-payment, or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy shall provide) additional assurance significant probability of payment, consisting of monthly advanced payments of estimated charges as reasonably determined a bankruptcy filing by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌ 6.4 [Intentionally Left Blank]DISH Wireless. 6.5 [Intentionally Left Blank]. 6.6 6.3 Frontier may (but is not obligated to) draw on the assurance of payment upon notice to Onvoy DISH Wireless in respect of any amounts to be paid by Onvoy DISH Wireless hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 6.4 If Frontier draws on the assurance of payment, upon request by Frontier, Onvoy DISH Wireless shall provide a replacement or supplemental assurance of payment conforming to the requirements of Section 6.36.2. 6.8 6.5 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy DISH Wireless has provided Frontier with such assurance of payment. 6.9 6.6 The fact that adequate assurance of payment is requested by Frontier hereunder shall a deposit has been made in no way relieve Onvoy relieves DISH Wireless from compliance with the requirements payment of this Agreement (includingbills on presentation nor, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor does it constitute a waiver or modification of the terms herein pertaining to regular practices of Frontier providing for the discontinuance of Services service for nonpayment non-payment of any amounts payment of which is required by this Agreementsums due Frontier. 6.7 In the event that DISH Wireless defaults on its account, service to DISH Wireless will be terminated and any deposits held will be applied to its account.

Appears in 3 contracts

Samples: Telecommunications, Service Agreement, Service Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon request by Frontier, Onvoy shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance of payment shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy in connection with this Agreement. If Onvoy meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance of payment upon notice to Onvoy in respect of any amounts to be paid by Onvoy hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance of payment, upon request by Frontier, Onvoy shall provide a replacement or supplemental assurance of payment conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance of payment is requested by Frontier hereunder shall in no way relieve Onvoy from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Assurance of Payment. 6.1 If an event specified Frontier may, in Section 6.2 occursorder to safeguard its interest, then upon request require Xxxxx to make a deposit to be held by FrontierFrontier as a guarantee of the payment of rates and charges, Onvoy shallunless satisfactory credit has already been established. Any such deposit may be held during the continuance of the service as security for the payment of any and all amounts accruing for the service. A deposit will be returned with interest, at any the Commission prescribed deposit rate, if and when Xxxxx pays its undisputed bills on time and from time to time, provide to Frontier adequate assurance of payment of amounts due for twenty-four (or to become due24) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3consecutive months. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, of a cash security deposit or an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance of payment shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy Xxxxx in connection with this Agreement. If Onvoy meets Frontier reserves the condition right to increase the deposit requirements when, in subsection 6.2(dits sole judgment, the conditions justify such action; such conditions include but are not limited to: current deposit does not cover two (2) above months billing, history of late payment, or has failed to timely pay two or more bills rendered by Frontier reconnection after disconnection for non-payment, or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy shall provide) additional assurance significant probability of payment, consisting of monthly advanced payments of estimated charges as reasonably determined a bankruptcy filing by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌ 6.4 [Intentionally Left Blank]Xxxxx. 6.5 [Intentionally Left Blank]. 6.6 6.3 Frontier may (but is not obligated to) draw on the assurance of payment upon notice to Onvoy Xxxxx in respect of any amounts to be paid by Onvoy Xxxxx hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 6.4 If Frontier draws on the assurance of payment, upon request by Frontier, Onvoy Xxxxx shall provide a replacement or supplemental assurance of payment conforming to the requirements of Section 6.36.2. 6.8 6.5 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy Xxxxx has provided Frontier with such assurance of payment. 6.9 6.6 The fact that adequate assurance of payment is requested by Frontier hereunder shall has been made in no way relieve Onvoy from compliance with the requirements relieves Xxxxx prompt payment of this Agreement (includingbills on presentation nor, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor does it constitute a waiver or modification of the terms herein pertaining to regular practices of Frontier providing for the discontinuance of Services service for nonpayment non-payment of any amounts sums due Frontier. 6.7 In the event Xxxxx defaults on its account, and such default is not cured within ninety (90) days, service to Xxxxx will be terminated and any assurance of payment of which is required by this Agreementheld will be applied to its account.

Appears in 2 contracts

Samples: Agreement for Local Interconnection, Agreement for Local Interconnection

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy PBX shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx PBX or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy PBX by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy PBX by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy PBX in connection with this Agreement. If Onvoy PBX or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy PBX shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy PBX in respect of any amounts to be paid by Onvoy PBX hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 6.5 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy PBX shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy PBX has provided Frontier with such assurance of payment. 6.9 6.7 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy PBX from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy INdigital shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx INdigital or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy INdigital by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy INdigital by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy INdigital in connection with this Agreement. If Onvoy INdigital or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or or‌ a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy INdigital shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy INdigital in respect of any amounts to be paid by Onvoy INdigital hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 6.5 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy INdigital shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy INdigital has provided Frontier with such assurance of payment. 6.9 6.7 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy INdigital from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Telecommunications

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy AT&T Mobility shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx AT&T Mobility (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to Onvoy AT&T Mobility by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to Onvoy AT&T Mobility by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy AT&T Mobility in connection with this Agreement. If Onvoy AT&T Mobility meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy AT&T Mobility shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy AT&T Mobility in respect of any amounts to be paid by Onvoy AT&T Mobility hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy AT&T Mobility shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy AT&T Mobility has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy AT&T Mobility from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Telecommunications

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy ADSC shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx ADSC or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy ADSC by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy ADSC by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy ADSC in connection with this Agreement. If Onvoy ADSC or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy ADSC shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌ 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy ADSC in respect of any amounts to be paid by Onvoy ADSC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 6.5 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy ADSC shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy ADSC has provided Frontier with such assurance of payment. 6.9 6.7 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy ADSC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy Spectrotel shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx Spectrotel (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy Spectrotel by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy Spectrotel by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy Spectrotel in connection with this Agreement. If Onvoy Spectrotel meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy Spectrotel shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy Spectrotel in respect of any amounts to be paid by Onvoy Spectrotel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy Spectrotel shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy Spectrotel has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy Spectrotel from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Carrier to Carrier Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy CLC shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx CLC (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to Onvoy CLC by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to Onvoy CLC by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy CLC in connection with this Agreement. If Onvoy CLC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy CLC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy CLC in respect of any amounts to be paid by Onvoy CLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy CLC shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy CLC has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy CLC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon request by Frontier, Onvoy shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance of payment shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy in connection with this Agreement. If Onvoy meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌ 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance of payment upon notice to Onvoy in respect of any amounts to be paid by Onvoy hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance of payment, upon request by Frontier, Onvoy shall provide a replacement or supplemental assurance of payment conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance of payment is requested by Frontier hereunder shall in no way relieve Onvoy from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.herein

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy QCC shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx QCC (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy QCC by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy QCC by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy QCC in connection with this Agreement. If Onvoy QCC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy QCC shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy QCC in respect of any amounts to be paid by Onvoy QCC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy QCC shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy QCC has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy QCC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Local Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy Xxxx Xxxx shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx Xxxx Xxxx (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy Xxxx Tell by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy Xxxx Tell by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy Xxxx Tell in connection with this Agreement. If Onvoy Xxxx Tell meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy Xxxx Tell shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy Xxxx Tell in respect of any amounts to be paid by Onvoy Xxxx Tell hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy Xxxx Tell shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy Xxxx Tell has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy Xxxx Tell from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy Futiva shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx Futiva (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy Futiva by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy Futiva by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy Futiva in connection with this Agreement. If Onvoy Futiva meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy Futiva shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌ 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy Futiva in respect of any amounts to be paid by Onvoy Futiva hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy Futiva shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy Futiva has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy Futiva from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy INA shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx INA (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to Onvoy INA by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to Onvoy INA by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy INA in connection with this Agreement. If Onvoy INA meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy INA shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy INA in respect of any amounts to be paid by Onvoy INA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy INA shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy INA has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy INA from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy ADSC shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx ADSC or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy ADSC by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy ADSC by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy ADSC in connection with this Agreement. If Onvoy ADSC or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy ADSC shall provide) additional assurance of payment, consisting of including monthly advanced payments of estimated charges as reasonably determined by Frontier, with with‌ appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy ADSC in respect of any amounts to be paid by Onvoy ADSC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 6.5 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy ADSC shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 6.6 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy ADSC has provided Frontier with such assurance of payment. 6.9 6.7 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy ADSC from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Service Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy AT&T Mobility shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx AT&T Mobility (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy AT&T Mobility by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy AT&T Mobility by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy AT&T Mobility in connection with this Agreement. If Onvoy AT&T Mobility meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy AT&T Mobility shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy AT&T Mobility in respect of any amounts to be paid by Onvoy AT&T Mobility hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy AT&T Mobility shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy AT&T Mobility has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy AT&T Mobility from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy TCG shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx TCG (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy TCG by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy TCG by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy TCG in connection with this Agreement. If Onvoy TCG meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy TCG shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy TCG in respect of any amounts to be paid by Onvoy TCG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy TCG shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy TCG has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy TCG from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy CCES shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx CCES (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy CCES by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy CCES by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌ 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy CCES in connection with this Agreement. If Onvoy CCES meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy CCES shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌ 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy CCES in respect of any amounts to be paid by Onvoy CCES hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy CCES shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy CCES has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy CCES from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Assurance of Payment. 6.1 If an event specified in Section 6.2 occurs, then upon Upon request by Frontier, Onvoy Ednetics shall, at any time and from time to time, provide to Frontier adequate assurance of payment of amounts due (or to become due) to Frontier hereunder. Adequate assurance of payment is subject to the limitations in Section 6.3. 6.2 Assurance of payment of charges may be requested by Frontier if Xxxxx Ednetics (a) prior to the Effective Date, has failed to timely pay a bill rendered to Onvoy Ednetics by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Onvoy Ednetics by Frontier or its Affiliates, (c) in Frontier’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding.‌proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist of, at Onvoy’s election, a cash security deposit or of an unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary thereof and otherwise in form and substance satisfactory to Frontier from a financial institution acceptable to Frontier. The adequate assurance letter of payment credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Frontier, for the Services to be provided by Frontier to Onvoy Ednetics in connection with this Agreement. If Onvoy Ednetics meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Frontier or a Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option, demand (and Onvoy Ednetics shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Frontier, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.‌Quarter. 6.4 [Intentionally Left Blank]. 6.5 [Intentionally Left Blank]. 6.6 Frontier may (but is not obligated to) draw on the assurance letter of payment credit upon notice to Onvoy Ednetics in respect of any amounts to be paid by Onvoy Ednetics hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Frontier draws on the assurance letter of paymentcredit, upon request by Frontier, Onvoy Ednetics shall provide a replacement or supplemental assurance letter of payment credit conforming to the requirements of Section 6.3. 6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a request for assurance of payment in accordance with the terms of this Section, then Frontier shall have no obligation thereafter to perform under this Agreement until such time as Onvoy Ednetics has provided Frontier with such assurance of payment. 6.9 The fact that adequate assurance a letter of payment credit is requested by Frontier hereunder shall in no way relieve Onvoy Ednetics from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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