Common use of Bond May Be Required Clause in Contracts

Bond May Be Required. SWBT may require Applicant, authorized contractors, and other persons acting on Applicant’s behalf to execute performance and payment bonds (or provide other forms of security) in amounts and on terms sufficient to guarantee the performance of their respective obligations arising out of or in connection with this Agreement only as provided in subsections (a)-(b) of this section and Section 20.02. Bonds shall not be required for entities meeting all self-insurance requirements of Section 23.02 of this Agreement. (a) If Applicant elects to perform make-ready or facilities modification work under Section 6.08(c) or Sections 10.02-10.05 of this Agreement, SWBT may require Applicant, authorized contractors, and other persons acting on Applicant’s behalf to execute bonds equivalent to those which would be required by SWBT if the work had been performed by contractors, subcontractors, or other persons selected directly by SWBT. No bonds shall be required of Applicant, authorized contractors, or other persons acting on Applicant’s behalf except in those situations where a bond would be required if the work were being performed on SWBT’s behalf. (b) No other bond shall be required of Applicant to secure obligations arising under this Agreement in the absence of due cause and justification. (c) If a bond or similar form of assurance is required of Applicant, an authorized contractor, or other person acting on Applicant’s behalf, Applicant shall promptly submit to SWBT, upon request, adequate proof that the bond remains in full force and effect and provide certification from the company issuing the bond that the bond will not be cancelled, changed or materially altered without first providing SWBT 60 days written notice. (d) SWBT may communicate directly with the issuer of any bond required by SWBT pursuant to this section to verify the terms of the bond, to confirm that the bond remains in force, and to make demand on the issuer for payment or performance of any obligations secured by the bond.

Appears in 5 contracts

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

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Bond May Be Required. SWBT SBC MISSOURI may require ApplicantCLEC, authorized contractors, and other persons acting on ApplicantCLEC’s behalf to execute performance and payment bonds (or provide other forms of security) in amounts and on terms sufficient to guarantee the performance of their respective obligations arising out of or in connection with this Agreement Appendix only as provided in subsections (a)-(b) of this section and Section 20.02section. Bonds shall not be required for entities meeting all self-insurance requirements of Section 23.02 22.02 of this AgreementAppendix. (a) If Applicant CLEC elects to perform facilities modification, capacity expansion, or make-ready or facilities modification work under Section 6.08(c) or Sections 10.02-10.05 of this AgreementAppendix, SWBT SBC MISSOURI may require ApplicantCLEC, authorized contractors, and other persons acting on ApplicantCLEC’s behalf to execute bonds equivalent to those which would be required by SWBT SBC MISSOURI if the work had been performed by contractors, subcontractors, or other persons selected directly by SWBTSBC MISSOURI. No bonds shall be required of ApplicantCLEC, authorized contractors, or other persons acting on ApplicantCLEC’s behalf except in those situations where a bond would be required if the work were being performed on SWBTSBC MISSOURI’s behalf. (b) No other bond shall be required of Applicant CLEC to secure obligations arising under this Agreement Appendix in the absence of due cause and justification. (c) If a bond or similar form of assurance is required of ApplicantCLEC, an authorized contractor, or other person acting on ApplicantCLEC’s behalf, Applicant CLEC shall promptly submit to SWBTSBC MISSOURI, upon request, adequate proof that the bond remains in full force and effect and provide certification from the company issuing the bond that the bond will not be cancelledcanceled, changed or materially altered without first providing SWBT SBC MISSOURI 60 days written notice. (d) SWBT SBC MISSOURI may communicate directly with the issuer of any bond required by SWBT issued pursuant to this section to verify the terms of the bond, to confirm that the bond remains in force, and to make demand on the issuer for payment or performance of any obligations secured by the bond.

Appears in 2 contracts

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Bond May Be Required. SWBT may require Applicant, authorized contractors, and other persons acting on Applicant’s behalf to execute performance and payment bonds (or provide other forms of security) in amounts and on terms sufficient to guarantee the performance of their respective obligations arising out of or in connection with this Agreement only as provided in subsections (a)-(b) of this section and Section 20.02. Bonds shall not be required for entities meeting all self-insurance requirements of Section 23.02 of this Agreement. (a) If Applicant elects to perform make-ready or facilities modification work under Section 6.08(c) or Sections 10.02-10.05 of this Agreement, SWBT may require Applicant, authorized contractors, and other persons acting on Applicant’s behalf to execute bonds equivalent to those which would be required by SWBT if the work had been performed by contractors, subcontractors, or other persons selected directly by SWBT. No bonds shall be required of Applicant, authorized contractors, or other persons acting on Applicant’s behalf except in those situations where a bond would be required if the work were being performed on SWBT’s behalf. (b) No other bond shall be required of Applicant to secure obligations arising under this Agreement in the absence of due cause and justification. (c) If a bond or similar form of assurance is required of Applicant, an authorized contractor, or other person acting on Applicant’s behalf, Applicant shall promptly submit to SWBT, upon request, adequate proof that the bond remains in full force and effect and provide certification from the company issuing the bond that the bond will not be cancelled, changed or materially altered without first providing SWBT 60 days written notice. (d) SWBT may communicate directly with the issuer of any bond required by SWBT pursuant to this section to verify the terms of the bond, to confirm that the bond remains in force, and to make demand on the issuer for payment or performance of any obligations secured by the bond.

Appears in 1 contract

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

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Bond May Be Required. SWBT AT&T may require ApplicantCLEC, authorized contractors, and other persons acting on ApplicantCLEC’s behalf to execute performance and payment bonds (or provide other forms of security) in amounts and on terms sufficient to guarantee the performance of their respective obligations arising out of or in connection with this Agreement Appendix only as provided in subsections (a)-(b) of this section and Section 20.02section. Bonds shall not be required for entities meeting all self-insurance requirements of Section 23.02 22.02 of this AgreementAppendix. (a) If Applicant CLEC elects to perform facilities modification, capacity expansion, or make-ready or facilities modification work under Section 6.08(c) or Sections 10.02-10.05 of this AgreementAppendix, SWBT AT&T may require ApplicantCLEC, authorized contractors, and other persons acting on ApplicantCLEC’s behalf to execute bonds equivalent to those which would be required by SWBT AT&T if the work had been performed by contractors, subcontractors, or other persons selected directly by SWBT. AT&T. No bonds shall be required of ApplicantCLEC, authorized contractors, or other persons acting on ApplicantCLEC’s behalf except in those situations where a bond would be required if the work were being performed on SWBTAT&T’s behalf. (b) No other bond shall be required of Applicant CLEC to secure obligations arising under this Agreement in the Appendix absence of due cause and justification. (c) If a bond or similar form of assurance is required of ApplicantCLEC, an authorized contractor, or other person acting on ApplicantCLEC’s behalf, Applicant CLEC shall promptly submit to SWBTAT&T, upon request, adequate proof that the bond remains in full force and effect and provide certification from the company issuing the bond that the bond will not be cancelledcanceled, changed or materially altered without first providing SWBT AT&T 60 days written notice. (d) SWBT AT&T may communicate directly with the issuer of any bond required by SWBT issued pursuant to this section to verify the terms of the bond, to confirm that the bond remains in force, and to make demand on the issuer for payment or performance of any obligations secured by the bond.

Appears in 1 contract

Samples: MFN Agreement

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