Assurance of Payment. 6.1 Upon request by Verizon, dishNet shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder. 6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet in connection with this Agreement. If dishNet or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter. 6.4 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet in respect of any amounts to be paid by dishNet hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.5 If Verizon draws on the letter of credit, upon request by Verizon, dishNet shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3. 6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails to provide such assurance of payment to Verizon within ten
Appears in 1 contract
Samples: Service Agreement
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, dishNet BLC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates BLC (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet BLC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet BLC by Verizon or its Affiliates, (c) in Verizon’s Verizon 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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet BLC in connection with this Agreement. If dishNet or its Affiliates BLC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet BLC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet BLC in respect of any amounts to be paid by dishNet BLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet BLC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as BLC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve BLC 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 Verizon within tenthe 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 Upon request by Verizon, dishNet BLC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates BLC (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet BLC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet BLC by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet BLC in connection with this Agreement. If dishNet or its Affiliates BLC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet BLC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet BLC in respect of any amounts to be paid by dishNet BLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet BLC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as BLC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve BLC 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 Verizon within tenthe 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 Upon request by Verizon, dishNet CPV shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates CPV (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet CPV by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet CPV by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet CPV in connection with this Agreement. If dishNet or its Affiliates CPV meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CPV shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CPV in respect of any amounts to be paid by dishNet CPV hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet CPV shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CPV has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CPV 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet API shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates API (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet API by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet API by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet API in connection with this Agreement. If dishNet or its Affiliates API meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet API shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet API in respect of any amounts to be paid by dishNet API hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet API shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as API has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve API 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet MTC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates MTC (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet MTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet MTC by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet MTC in connection with this Agreement. If dishNet or its Affiliates MTC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet MTC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet MTC in respect of any amounts to be paid by dishNet MTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet MTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as MTC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve MTC 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 Verizon within tenthe 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 Upon request by Verizon, dishNet CBAD shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates CBAD (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet CBAD by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet CBAD by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet CBAD in connection with this Agreement. If dishNet or its Affiliates CBAD meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CBAD shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CBAD in respect of any amounts to be paid by dishNet CBAD hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet CBAD shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CBAD has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBAD 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet CCA shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates CCA (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet CCA by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet CCA by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet CCA in connection with this Agreement. If dishNet or its Affiliates CCA meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CCA shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.calendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CCA in respect of any amounts to be paid by dishNet CCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet CCA shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CCA has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CCA 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet CBB shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates CBB (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet CBB by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet CBB by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 VerizonXxxxxxx, for the Services to be provided by Verizon to dishNet CBB in connection with this Agreement. If dishNet or its Affiliates CBB meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CBB shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CBB in respect of any amounts to be paid by dishNet CBB hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet CBB shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CBB has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CBB 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Selectel shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Selectel (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Selectel by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Selectel by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Selectel in connection with this Agreement. If dishNet or its Affiliates Selectel meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Selectel shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Selectel in respect of any amounts to be paid by dishNet Selectel hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Selectel shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Selectel has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Selectel 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet Easton shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Xxxxxx (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet Easton by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet Easton by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Easton in connection with this Agreement. If dishNet or its Affiliates Xxxxxx meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Easton shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Xxxxxx in respect of any amounts to be paid by dishNet Easton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet Easton shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Easton has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Xxxxxx 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet SLT shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates SLT (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet SLT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet SLT by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 VerizonXxxxxxx, for the Services to be provided by Verizon to dishNet SLT in connection with this Agreement. If dishNet or its Affiliates SLT meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet SLT shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet SLT in respect of any amounts to be paid by dishNet SLT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet SLT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as SLT has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve SLT 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 Verizon within tenthe 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 Upon request by Verizon, dishNet PNG shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates PNG (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet PNG by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet PNG by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet PNG in connection with this Agreement. If dishNet or its Affiliates PNG meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet PNG shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet PNG in respect of any amounts to be paid by dishNet PNG hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet PNG shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails to provide if such assurance of payment is not provided within fifteen (15) days of Verizon’s request, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as PNG has provided Verizon within tenwith such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve PNG 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: Agreement
Assurance of Payment. 6.1 Upon request by Verizon, dishNet CSTC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates CSTC (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet CSTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet CSTC by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet CSTC in connection with this Agreement. If dishNet or its Affiliates CSTC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CSTC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.calendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CSTC in respect of any amounts to be paid by dishNet CSTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet CSTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CSTC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CSTC 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet WCS shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates WCS (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet WCS by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet WCS by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 VerizonXxxxxxx, for the Services to be provided by Verizon to dishNet WCS in connection with this Agreement. If dishNet or its Affiliates WCS meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet WCS shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet WCS in respect of any amounts to be paid by dishNet WCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet WCS shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as WCS has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve WCS 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet Prospeed shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Prospeed (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet Prospeed by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet Prospeed by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Prospeed in connection with this Agreement. If dishNet or its Affiliates Prospeed meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Prospeed shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.calendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Prospeed in respect of any amounts to be paid by dishNet Prospeed hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Prospeed shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Prospeed has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Prospeed 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 Verizon within tenthe discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Assurance of Payment. 6.1 Upon request by Verizon, dishNet Synergem shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet Synergem or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Synergem by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Synergem by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Synergem in connection with this Agreement. If dishNet Synergem or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Synergem shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Synergem in respect of any amounts to be paid by dishNet Synergem hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Synergem shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Synergem has provided Verizon with such assurance of payment.
6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Synergem 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Smartrak shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Smartrak (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Smartrak by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Smartrak by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Smartrak in connection with this Agreement. If dishNet or its Affiliates Smartrak meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Smartrak shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Smartrak in respect of any amounts to be paid by dishNet Smartrak hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Smartrak shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Smartrak has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Smartrak 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 Verizon within tenthe 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 Upon request by Verizon, dishNet ECI shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates ECI (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet ECI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet ECI by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet ECI in connection with this Agreement. If dishNet or its Affiliates ECI meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet ECI shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet ECI in respect of any amounts to be paid by dishNet ECI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet ECI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as ECI has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve ECI 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet Northstar shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Northstar (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet Northstar by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet Northstar by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Northstar in connection with this Agreement. If dishNet or its Affiliates Northstar meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Northstar shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Northstar in respect of any amounts to be paid by dishNet Northstar hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Northstar shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Northstar has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Northstar 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Nettalk shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Nettalk (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Nettalk by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Nettalk by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Nettalk in connection with this Agreement. If dishNet or its Affiliates Nettalk meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Nettalk shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Nettalk in respect of any amounts to be paid by dishNet Nettalk hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Nettalk shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Nettalk has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Nettalk 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 Verizon within tenthe discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Agreement
Assurance of Payment. 6.1 Upon request by Verizon, dishNet DNA shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates DNA (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet DNA by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet DNA by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 VerizonXxxxxxx, for the Services to be provided by Verizon to dishNet DNA in connection with this Agreement. If dishNet or its Affiliates DNA meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet DNA shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet DNA in respect of any amounts to be paid by dishNet DNA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet DNA shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as DNA has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve DNA 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Northstar shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Northstar (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Northstar by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Northstar by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Northstar in connection with this Agreement. If dishNet or its Affiliates Northstar meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Northstar shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Northstar in respect of any amounts to be paid by dishNet Northstar hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Northstar shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Northstar has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Northstar 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 Verizon within tenthe 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 Upon request by Verizon, dishNet CTT shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates CTT (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet CTT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet CTT by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet CTT in connection with this Agreement. If dishNet or its Affiliates CTT meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CTT shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CTT in respect of any amounts to be paid by dishNet CTT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet CTT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CTT has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CTT 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Bandwidth shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Bandwidth (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Bandwidth by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Bandwidth by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Bandwidth in connection with this Agreement. If dishNet or its Affiliates Bandwidth meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Bandwidth shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Bandwidth in respect of any amounts to be paid by dishNet Bandwidth hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Bandwidth shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Bandwidth has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Bandwidth 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Telrite shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Telrite (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet Telrite by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet Telrite by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Telrite in connection with this Agreement. If dishNet or its Affiliates Telrite meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Telrite shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Telrite in respect of any amounts to be paid by dishNet Telrite hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Telrite shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Telrite has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Telrite 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet DISH shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet DISH or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet DISH by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet DISH by Verizon or its Affiliates, (c) in Verizon’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 proceeding. Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet DISH in connection with this Agreement. If dishNet DISH or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet DISH shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 6.3 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet DISH in respect of any amounts to be paid by dishNet DISH hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.4 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet DISH shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.30.
6.6 6.5 Notwithstanding anything else set forth in this Agreement, if Verizon Xxxxxxx makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as DISH has provided Verizon with such assurance of payment.
6.6 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve DISH 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Lightcore shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Lightcore (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet Lightcore by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet Lightcore by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Lightcore in connection with this Agreement. If dishNet or its Affiliates Lightcore meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Lightcore shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.calendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Lightcore in respect of any amounts to be paid by dishNet Lightcore hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Lightcore shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Lightcore has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Lightcore 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet CCA shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates CCA (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet CCA by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet CCA by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet CCA in connection with this Agreement. If dishNet or its Affiliates CCA meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CCA shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CCA in respect of any amounts to be paid by dishNet CCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet CCA shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CCA has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CCA 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 Verizon within tenthe 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 Upon request by Verizon, dishNet BCN shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates BCN (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet BCN by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet BCN by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet BCN in connection with this Agreement. If dishNet or its Affiliates BCN meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet BCN shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet BCN in respect of any amounts to be paid by dishNet BCN hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet BCN shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as BCN has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve BCN 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet API shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates API (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet API by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet API by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet API in connection with this Agreement. If dishNet or its Affiliates API meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet API shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.calendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet API in respect of any amounts to be paid by dishNet API hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet API shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as API has provided Verizon with such assurance of payment payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve API from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to Verizon within tenadvance payments and payment
Appears in 1 contract
Samples: Service Agreement
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, dishNet LNS shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates LNS (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet LNS by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet LNS by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet LNS in connection with this Agreement. If dishNet or its Affiliates LNS meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet LNS shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet LNS in respect of any amounts to be paid by dishNet LNS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet LNS shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as LNS has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve LNS 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 Verizon within tenthe 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 Upon request by Verizon, dishNet BLC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates BLC (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet BLC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet BLC by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet BLC in connection with this Agreement. If dishNet or its Affiliates BLC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet BLC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet BLC in respect of any amounts to be paid by dishNet BLC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet BLC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as BLC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve BLC 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 Verizon within tenthe 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 Upon request by Verizon, dishNet MCIm shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates MCIm (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet MCIm by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet MCIm by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet MCIm in connection with this Agreement. If dishNet or its Affiliates MCIm meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet MCIm shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet MCIm in respect of any amounts to be paid by dishNet MCIm hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet MCIm shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as MCIm has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve MCIm 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 Verizon within tenthe discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Agreement
Assurance of Payment. 6.1 Upon request by Verizon, dishNet API shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates API (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet API by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet API by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet API in connection with this Agreement. If dishNet or its Affiliates API meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet API shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet API in respect of any amounts to be paid by dishNet API hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet API shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as API has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve API 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Wide Voice shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Wide Voice (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Wide Voice by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Wide Voice by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Wide Voice in connection with this Agreement. If dishNet or its Affiliates Wide Voice meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Wide Voice shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Wide Voice in respect of any amounts to be paid by dishNet Wide Voice hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Wide Voice shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Wide Voice has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Wide Voice 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet NHC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates NHC (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet NHC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet NHC by Verizon or its Affiliates, (c) in Verizon’s reasonable Verizon rseasonable 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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet NHC in connection with this Agreement. If dishNet or its Affiliates NHC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet NHC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet NHC in respect of any amounts to be paid by dishNet NHC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet NHC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as NHC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve NHC 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 Verizon within tenthe 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 Upon request by Verizon, dishNet XXX shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates XXX (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet XXX by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet XXX by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet XXX in connection with this Agreement. If dishNet or its Affiliates XXX meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet XXX shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet XXX in respect of any amounts to be paid by dishNet XXX hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet XXX shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as XXX has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve XXX 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Citrix shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Citrix (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Citrix by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Citrix by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Citrix in connection with this Agreement. If dishNet or its Affiliates Citrix meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Citrix shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Citrix in respect of any amounts to be paid by dishNet Citrix hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Citrix shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Citrix has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Citrix 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 Verizon within tenthe 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 Upon request by Verizon, dishNet North Atlantic shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates North Atlantic
(a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet North Atlantic by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet North Atlantic by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet North Atlantic in connection with this Agreement. If dishNet or its Affiliates North Atlantic meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet North Atlantic shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.calendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet North Atlantic in respect of any amounts to be paid by dishNet North Atlantic hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet North Atlantic shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as North Atlantic has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve North Atlantic 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet NL shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates NL (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet NL by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet NL by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet NL in connection with this Agreement. If dishNet or its Affiliates NL meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet NL shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet NL in respect of any amounts to be paid by dishNet NL hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet NL shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as NL has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve NL 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet NexGen shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates NexGen (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet NexGen by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet NexGen by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet NexGen in connection with this Agreement. If dishNet or its Affiliates NexGen meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet NexGen shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet NexGen in respect of any amounts to be paid by dishNet NexGen hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet NexGen shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as NexGen has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve NexGen 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 Verizon within tenthe 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 Upon request by Verizon, dishNet CenturyLink shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates CenturyLink (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet CenturyLink by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet CenturyLink by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet CenturyLink in connection with this Agreement. If dishNet or its Affiliates CenturyLink meets the condition in subsection 6.2(d6.2 (d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CenturyLink shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CenturyLink in respect of any amounts to be paid by dishNet CenturyLink hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet CenturyLink shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CenturyLink has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CenturyLink 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet GCTC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates GCTC (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet GCTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet GCTC by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet GCTC in connection with this Agreement. If dishNet or its Affiliates GCTC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet GCTC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet GCTC in respect of any amounts to be paid by dishNet GCTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet GCTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as GCTC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve GCTC 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet Princeton shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Princeton (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet Princeton by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet Princeton by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 VerizonXxxxxxx, for the Services to be provided by Verizon to dishNet Princeton in connection with this Agreement. If dishNet or its Affiliates Princeton meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Princeton shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Princeton in respect of any amounts to be paid by dishNet Princeton hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet Princeton shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon Xxxxxxx makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Princeton has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Princeton 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 Verizon within tenthe 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 Upon request by Verizon, dishNet MHT shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates MHT (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet MHT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet MHT by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet MHT in connection with this Agreement. If dishNet or its Affiliates MHT meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet MHT shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet MHT in respect of any amounts to be paid by dishNet MHT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet MHT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as MHT has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve MHT 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Global Link shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Global Link (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Global Link by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Global Link by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Global Link in connection with this Agreement. If dishNet or its Affiliates Global Link meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Global Link shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Global Link in respect of any amounts to be paid by dishNet Global Link hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Global Link shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Global Link has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Global Link 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 Verizon within tenthe 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 Upon request by Verizon, dishNet CLEC Party shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet CLEC Party or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet CLEC Party by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet CLEC Party by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet CLEC Party in connection with this Agreement. If dishNet CLEC Party or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet CLEC Party shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet CLEC Party in respect of any amounts to be paid by dishNet CLEC Party hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet CLEC Party shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as CLEC Party has provided Verizon with such assurance of payment.
6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve CLEC Party 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 Verizon within tenthe 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 Upon request by Verizon, dishNet InterGlobe shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates InterGlobe (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet InterGlobe by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet InterGlobe by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet InterGlobe in connection with this Agreement. If dishNet or its Affiliates InterGlobe meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet InterGlobe shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.calendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet InterGlobe in respect of any amounts to be paid by dishNet InterGlobe hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet InterGlobe shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as InterGlobe has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve InterGlobe 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 Verizon within tenthe 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 Upon request by Verizon, dishNet MLTC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates MLTC (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet MLTC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet MLTC by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet MLTC in connection with this Agreement. If dishNet or its Affiliates MLTC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet MLTC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet MLTC in respect of any amounts to be paid by dishNet MLTC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet MLTC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as MLTC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve MLTC 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Covista shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Covista (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Covista by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Covista by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Covista in connection with this Agreement. If dishNet or its Affiliates Covista meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Covista shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Covista in respect of any amounts to be paid by dishNet Covista hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Covista shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Covista has provided Verizon with such assurance of payment payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Covista from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to Verizon within tenadvance payments and
Appears in 1 contract
Samples: Agreement
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, dishNet Dynalink shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Dynalink (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet Dynalink by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet Dynalink by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Dynalink in connection with this Agreement. If dishNet or its Affiliates Dynalink meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Dynalink shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Dynalink in respect of any amounts to be paid by dishNet Dynalink hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet Dynalink shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Dynalink has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Dynalink 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 Verizon within tenthe 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 Upon request by Verizon, dishNet NL shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates NL (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet NL by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet NL by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet NL in connection with this Agreement. If dishNet or its Affiliates NL meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet NL shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet NL in respect of any amounts to be paid by dishNet NL hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet NL shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as NL has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve NL 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 Verizon within tenthe 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 Upon request by Verizon, dishNet PN shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates PN (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet PN by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet PN by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet PN in connection with this Agreement. If dishNet or its Affiliates PN meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet PN shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet PN in respect of any amounts to be paid by dishNet PN hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet PN shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as PN has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve PN 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 Verizon within tenthe 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 Upon request by Verizon, dishNet Advent shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Advent (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet Advent by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet Advent by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Advent in connection with this Agreement. If dishNet or its Affiliates Advent meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Advent shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.calendar quarter.
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Advent in respect of any amounts to be paid by dishNet Advent hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet Advent shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Advent has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Advent 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 Verizon within tenthe 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 Upon request by Verizon, dishNet NHC shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates NHC (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet NHC by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet NHC by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet NHC in connection with this Agreement. If dishNet or its Affiliates NHC meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet NHC shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet NHC in respect of any amounts to be paid by dishNet NHC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet NHC shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as NHC has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve NHC 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet MHT shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates MHT (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet MHT by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet MHT by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 VerizonXxxxxxx, for the Services to be provided by Verizon to dishNet MHT in connection with this Agreement. If dishNet or its Affiliates MHT meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet MHT shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet MHT in respect of any amounts to be paid by dishNet MHT hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet MHT shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as MHT has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve MHT 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 Verizon within tenthe 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 Upon request by Verizon, dishNet 365 shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet 365 or its Affiliates (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet 365 by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet 365 by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet 365 in connection with this Agreement. If dishNet 365 or its Affiliates meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet 365 shall provide) additional assurance of payment, including monthly advanced payments of estimated charges as reasonably determined by Verizon, with with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter.Quarter.
6.4 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet 365 in respect of any amounts to be paid by dishNet 365 hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 If Verizon draws on the letter of credit, upon request by Verizon, dishNet 365 shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as 365 has provided Verizon with such assurance of payment.
6.7 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve 365 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 Verizon within tenthe 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 Upon request by Verizon, dishNet ECI shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates ECI (a) prior to the Effective Date, has failed to timely pay a bill xxxx rendered to dishNet ECI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill xxxx rendered to dishNet ECI by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet ECI in connection with this Agreement. If dishNet or its Affiliates ECI meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet ECI shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet ECI in respect of any amounts to be paid by dishNet ECI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by Verizon, dishNet ECI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as ECI has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve ECI 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 Verizon within tenthe discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.
Appears in 1 contract
Samples: Agreement
Assurance of Payment. 6.1 Upon request by VerizonXxxxxxx, dishNet Global Link shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates Global Link (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet Global Link by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet Global Link by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet Global Link in connection with this Agreement. If dishNet or its Affiliates Global Link meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet Global Link shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet Global Link in respect of any amounts to be paid by dishNet Global Link hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet Global Link shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as Global Link has provided Verizon with such assurance of payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Global Link 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 Verizon within tenthe 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 Upon request by VerizonXxxxxxx, dishNet EMW shall, at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if dishNet or its Affiliates EMW (a) prior to the Effective Date, has failed to timely pay a bill rendered to dishNet EMW by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to dishNet EMW by Verizon or its Affiliates, (c) in Verizon’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 an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of 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 Verizon, for the Services to be provided by Verizon to dishNet EMW in connection with this Agreement. If dishNet or its Affiliates EMW meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option, demand (and dishNet EMW shall provide) additional assurance of payment, including consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, 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 Verizon may (but is not obligated to) draw on the letter of credit upon notice to dishNet EMW in respect of any amounts to be paid by dishNet EMW hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement.
6.5 6.7 If Verizon draws on the letter of credit, upon request by VerizonXxxxxxx, dishNet EMW shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6.3.
6.6 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section and DishNet fails Section, then Verizon shall have no obligation thereafter to provide perform under this Agreement until such time as EMW has provided Verizon with such assurance of payment payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve EMW from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to Verizon within tenadvance payments and
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Samples: Service Agreement