Common use of Assurance of Payment Clause in Contracts

Assurance of Payment. 7.1 Upon request by FRTC, TCA shall provide to FRTC adequate assurance of payment of amounts due (or to become due) to FRTC hereunder. Assurance of payment of charges may be required by FRTC if TCA (a) in FRTC’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to timely pay a bill rendered to TCA by FRTC, or (c) 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its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it which is not withdrawn within thirty (30) days) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or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. 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall consist of a cash security deposit in U.S. dollars held by FRTC. The cash security deposit 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 FRTC, for the Services to be provided by FRTC to TCA in connection with this Agreement. 7.3 To the extent that FRTC elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 FRTC may (but is not obligated to) draw on the cash deposit, as applicable, upon notice to TCA in respect of any amounts to be paid by TCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 7.6 If FRTC draws on the cash deposit, upon request by FRTC, TCA shall provide a replacement or supplemental cash deposit conforming to the requirements of Section 7.2. 7.7 Notwithstanding anything else set forth in this Agreement, if FRTC makes a request for assurance of payment in accordance with the terms of this Section, and TCA has failed to comply with such request within thirty calendar days following such request, then FRTC shall have no obligation thereafter to perform under this Agreement until such time as TCA has provided FRTC with such assurance of payment. 7.8 The fact that a deposit is requested by FRTC hereunder shall in no way relieve TCA from compliance with the requirements of this Agreement as to advance payments and payment for Services, nor constitute a waiver or

Assurance of Payment. ‌ 7.1 Upon request by FRTCNCTC, TCA CLEC shall provide to FRTC NCTC adequate assurance of payment of amounts due (or to become due) to FRTC NCTC hereunder. Assurance of payment of charges may be required by FRTC NCTC if TCA CLEC (a) in FRTCNCTC’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to timely pay a bill rendered to TCA CLEC by FRTCNCTC, or (c) 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 which is not withdrawn within thirty (30) days) 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. 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall consist of a cash security deposit in U.S. dollars held by FRTCNCTC, an unconditional, irrevocable standby letter of credit, surety bond or performance bond. The cash security deposit 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 FRTCNCTC, for the Services to be provided by FRTC NCTC to TCA CLEC in connection with this Agreement.Agreement.‌ 7.3 To the extent that FRTC NCTC elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 FRTC NCTC may (but is not obligated to) draw on the cash deposit, as applicable, upon notice to TCA CLEC in respect of any amounts to be paid by TCA CLEC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 7.6 If FRTC NCTC draws on the cash deposit, upon request by FRTCNCTC, TCA CLEC shall provide a replacement or supplemental cash deposit conforming to the requirements of Section 7.2. 7.7 Notwithstanding anything else set forth in this Agreement, if FRTC NCTC makes a request for assurance of payment in accordance with the terms of this Section, and TCA CLEC has failed to comply with such request within thirty (30) calendar days following such request, then FRTC NCTC shall have no obligation thereafter to perform under this Agreement until such time as TCA CLEC has provided FRTC NCTC with such assurance of payment. 7.8 The fact that a deposit is requested by FRTC NCTC hereunder shall in no way relieve TCA CLEC from compliance with the requirements of this Agreement as to advance payments and payment for Services, nor constitute a waiver oror modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Assurance of Payment. 7.1 Upon request by FRTCPRTC, TCA shall provide to FRTC PRTC adequate assurance of payment of amounts due (or to become due) to FRTC PRTC hereunder. Assurance of payment of charges may be required by FRTC PRTC if TCA (a) in FRTCPRTC’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to timely pay a bill rendered to TCA by FRTCPRTC, or (c) 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 which is not withdrawn within thirty (30) days) 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. 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall consist of a cash security deposit in U.S. dollars held by FRTCPRTC. The cash security deposit 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 FRTCPRTC, for the Services to be provided by FRTC PRTC to TCA in connection with this Agreement. 7.3 To the extent that FRTC PRTC elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 FRTC PRTC may (but is not obligated to) draw on the cash deposit, as applicable, upon notice to TCA in respect of any amounts to be paid by TCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 7.6 If FRTC PRTC draws on the cash deposit, upon request by FRTCPRTC, TCA shall provide a replacement or supplemental cash deposit conforming to the requirements of Section 7.2. 7.7 Notwithstanding anything else set forth in this Agreement, if FRTC PRTC makes a request for assurance of payment in accordance with the terms of this Section, and TCA has failed to comply with such request within thirty calendar days following such request, then FRTC PRTC shall have no obligation thereafter to perform under this Agreement until such time as TCA has provided FRTC PRTC with such assurance of payment. 7.8 The fact that a deposit is requested by FRTC PRTC hereunder shall in no way relieve TCA from compliance with the requirements of this Agreement as to advance payments and payment for Services, nor constitute a waiver or

Assurance of Payment. 7.1 Upon request by FRTCXxxxx, TCA CLEC shall provide to FRTC Xxxxx adequate assurance of payment of amounts due (or to become due) to FRTC Xxxxx hereunder. Assurance of payment of charges may be required by FRTC Xxxxx if TCA CLEC (a) in FRTC’s Xxxxx’x reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to timely pay a bill rendered to TCA CLEC by FRTCXxxxx, or (c) 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 which is not withdrawn within thirty (30) days) 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. 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall consist of a cash security deposit in U.S. dollars held by FRTCXxxxx, an unconditional, irrevocable standby letter of credit, surety bond or performance bond. The cash security deposit 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 FRTCXxxxx, for the Services to be provided by FRTC Xxxxx to TCA CLEC in connection with this Agreement. 7.3 To the extent that FRTC Xxxxx elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 FRTC Xxxxx may (but is not obligated to) draw on the cash deposit, as applicable, upon notice to TCA CLEC in respect of any amounts to be paid by TCA CLEC hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 7.6 If FRTC Xxxxx draws on the cash deposit, upon request by FRTCXxxxx, TCA CLEC shall provide a replacement or supplemental cash deposit conforming to the requirements of Section 7.2. 7.7 Notwithstanding anything else set forth in this Agreement, if FRTC Xxxxx makes a request for assurance of payment in accordance with the terms of this Section, and TCA CLEC has failed to comply with such request within thirty (30) calendar days following such request, then FRTC Xxxxx shall have no obligation thereafter to perform under this Agreement until such time as TCA CLEC has provided FRTC Xxxxx with such assurance of payment. 7.8 The fact that a deposit is requested by FRTC Xxxxx hereunder shall in no way relieve TCA CLEC from compliance with the requirements of this Agreement as to advance payments and payment for Services, nor constitute a waiver oror modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Assurance of Payment. 7.1 Upon request by FRTCSCRTC, TCA Comcast shall provide to FRTC SCRTC adequate assurance of payment of amounts due (or to become due) to FRTC SCRTC hereunder. Assurance of payment of charges may be required by FRTC SCRTC if TCA Comcast (a) in FRTCSCRTC’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to timely pay a bill xxxx rendered to TCA Comcast by FRTCSCRTC, or (c) 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 which is not withdrawn within thirty (30) days) 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. 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall shall, at SCRTC’s option, consist of (a) a cash security deposit in U.S. dollars held by FRTCSCRTC or (b) an unconditional, irrevocable standby letter of credit naming SCRTC as the beneficiary thereof and otherwise in form and substance reasonably satisfactory to SCRTC from a financial institution acceptable to SCRTC. The cash security deposit or 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 FRTCSCRTC, for the Services to be provided by FRTC SCRTC to TCA Comcast in connection with this Agreement. 7.3 To the extent that FRTC SCRTC elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 7.4 Interest will be paid on all sums held on deposit pursuant at the rate of six percent annually. The interest will be applied as a credit to KRS 278.460Comcast's xxxx or will be paid to Comcast on an annual basis. If the deposit is refunded or credited to Comcast's xxxx prior to the deposit anniversary date, interest will be paid or credited to Comcast's xxxx on a pro-rated basis. If interest is not credited to Comcast's xxxx or paid to Comcast annually, interest will be computed by a method which will result in an amount no less than that obtained by using a middle course method between simple and compound interest in compliance with Commission Order dated October 31, 1989 in Case No. 89-057. Interest on deposits computed in this manner will accrue until credited to Comcast’s xxxx or paid to the customer. 7.5 FRTC SCRTC may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to TCA Comcast in respect of any amounts to be paid by TCA Comcast hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 7.6 If FRTC SCRTC draws on the letter of credit or cash deposit, upon request by FRTCSCRTC, TCA Comcast shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 7.2. 7.7 Notwithstanding anything else set forth in this Agreement, if FRTC SCRTC makes a request for assurance of payment in accordance with the terms of this Section, and TCA Comcast has failed to comply with such request within thirty calendar days following such request, then FRTC SCRTC shall have no obligation thereafter to perform under this Agreement until such time as TCA Comcast has provided FRTC SCRTC with such assurance of payment. 7.8 The fact that a deposit or a letter of credit is requested by FRTC SCRTC hereunder shall in no way relieve TCA Comcast from compliance with the requirements of this Agreement as to advance payments and payment for Services, nor constitute a waiver oror modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

Assurance of Payment. 7.1 Upon request by FRTCMRTC, TCA shall provide to FRTC MRTC adequate assurance of payment of amounts due (or to become due) to FRTC MRTC hereunder. Assurance of payment of charges may be required by FRTC MRTC if TCA (a) in FRTCMRTC’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to timely pay a bill rendered to TCA by FRTCMRTC, or (c) 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 which is not withdrawn within thirty (30) days) 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. 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall consist of a cash security deposit in U.S. dollars held by FRTCMRTC. The cash security deposit 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 FRTCMRTC, for the Services to be provided by FRTC MRTC to TCA in connection with this Agreement. 7.3 To the extent that FRTC MRTC elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 FRTC MRTC may (but is not obligated to) draw on the cash deposit, as applicable, upon notice to TCA in respect of any amounts to be paid by TCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 7.6 If FRTC MRTC draws on the cash deposit, upon request by FRTCMRTC, TCA shall provide a replacement or supplemental cash deposit conforming to the requirements of Section 7.2. 7.7 Notwithstanding anything else set forth in this Agreement, if FRTC MRTC makes a request for assurance of payment in accordance with the terms of this Section, and TCA has failed to comply with such request within thirty calendar days following such request, then FRTC MRTC shall have no obligation thereafter to perform under this Agreement until such time as TCA has provided FRTC MRTC with such assurance of payment. 7.8 The fact that a deposit is requested by FRTC MRTC hereunder shall in no way relieve TCA from compliance with the requirements of this Agreement as to advance payments and payment for Services, nor constitute a waiver or

Assurance of Payment. 7.1 Upon request ‌ 6.1 NWF may, in order to safeguard its interest, require FCA to make a deposit to be held by FRTC, TCA shall provide to FRTC adequate assurance NWF as a guarantee of the payment of amounts due (or to become due) to FRTC hereunderrates and charges, unless satisfactory credit has already been established. Assurance Any such deposit may be held during the continuance of the service as security for the payment of charges may any and all amounts accruing for the service. A deposit will be required by FRTC if TCA (a) in FRTC’s reasonable judgmentreturned with interest, at the Effective Date or at any Commission prescribed deposit rate, if and when FCA pays its undisputed bills on time thereafter, is unable to demonstrate that it is creditworthy, for twenty-four (b24) fails to timely pay a bill rendered to TCA by FRTC, or (c) 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 which is not withdrawn within thirty (30) days) 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 proceedingconsecutive months. 7.2 6.2 Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming NWF as the beneficiary thereof and otherwise in form and substance satisfactory to NWF from a cash security deposit in U.S. dollars held by FRTCfinancial institution acceptable to NWF. The cash security deposit 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 FRTCNWF, for the Services to be provided by FRTC NWF to TCA FCA in connection with this Agreement. NWF reserves the right to increase the deposit requirements when, in its sole judgment, the conditions justify such action; such conditions include but are not limited to: current deposit does not cover two (2) months billing, history of late payment, or reconnection after disconnection for non-payment, or a significant probability of a bankruptcy filing by FCA. 7.3 To the extent that FRTC elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 FRTC 6.3 NWF may (but is not obligated to) draw on the cash deposit, as applicable, letter of credit upon notice to TCA FCA in respect of any amounts to be paid by TCA FCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 7.6 6.4 If FRTC NWF draws on the cash depositletter of credit, upon request by FRTCNWF, TCA FCA shall provide a replacement or supplemental cash deposit letter of credit conforming to the requirements of Section 7.26.2. 7.7 6.5 Notwithstanding anything else set forth in this Agreement, if FRTC NWF makes a request for assurance of payment in accordance with the terms of this Section, and TCA has failed to comply with such request within thirty calendar days following such request, then FRTC NWF shall have no obligation thereafter to perform under this Agreement until such time as TCA FCA has provided FRTC NWF with such assurance of payment. 7.8 6.6 The fact that a deposit is requested by FRTC hereunder shall has been made in no way relieve TCA relieves FCA from compliance complying with the requirements of this Agreement NWF’s regulations as to advance payments and the prompt payment for Servicesof bills on presentation nor, nor does it constitute a waiver oror modification of the regular practices of NWF providing for the discontinuance of service for non-payment of any sums due NWF. 6.7 In the event that FCA defaults on its account, service to FCA will be terminated and any deposits held will be applied to its account. original.docx 5

Assurance of Payment. 7.1 Upon request by FRTCTGT, TCA shall provide to FRTC TGT adequate assurance of payment of amounts due (or to become due) to FRTC TGT hereunder. Assurance of payment of charges may be required by FRTC TGT if TCA (a) in FRTCTGT’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to timely pay a bill rendered to TCA by FRTCTGT, or (c) 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 which is not withdrawn within thirty (30) days) 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. 7.2 Unless otherwise agreed by the Parties, the assurance of payment shall consist of a cash security deposit in U.S. dollars held by FRTCTGT. The cash security deposit 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 FRTCTGT, for the Services to be provided by FRTC TGT to TCA in connection with this Agreement. 7.3 To the extent that FRTC TGT elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 7.4 Interest will be paid on all sums held on deposit pursuant to KRS 278.460. 7.5 FRTC TGT may (but is not obligated to) draw on the cash deposit, as applicable, upon notice to TCA in respect of any amounts to be paid by TCA hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 7.6 If FRTC TGT draws on the cash deposit, upon request by FRTCTGT, TCA shall provide a replacement or supplemental cash deposit conforming to the requirements of Section 7.2. 7.7 Notwithstanding anything else set forth in this Agreement, if FRTC TGT makes a request for assurance of payment in accordance with the terms of this Section, and TCA has failed to comply with such request within thirty calendar days following such request, then FRTC TGT shall have no obligation thereafter to perform under this Agreement until such time as TCA has provided FRTC TGT with such assurance of payment. 7.8 The fact that a deposit is requested by FRTC TGT hereunder shall in no way relieve TCA from compliance with the requirements of this Agreement as to advance payments and payment for Services, nor constitute a waiver or