Common use of COMPLIANCE AND CERTIFICATION Clause in Contracts

COMPLIANCE AND CERTIFICATION. 26.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law. 26.2 Each Party warrants that it has obtained all necessary certifications and licenses required in each state covered by this Agreement prior to ordering any Interconnection products and/or services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification and licensure. 26.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 26.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. 26.5 WSP warrants that it is a telecommunications carrier within the meaning of 47 U.S.C. §153(51) and acknowledges that only telecommunications carriers are entitled to enter into interconnection agreements under Section 251(c)(2) of the Act. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is acting as a telecommunications carrier, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is acting as a telecommunications carrier by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.6 WSP warrants that such interconnection as it may obtain from AT&T-21STATE pursuant to this Agreement is for the provision of telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), and acknowledges that AT&T-21STATE has no duty to provide interconnection pursuant to 47 U.S.C. §251(c)(2) to a company that does not provide telephone exchange service or exchange access. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is providing telephone exchange or exchange access services, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is providing telephone exchange or exchange access services by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.7 Beginning one year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP provide AT&T-21STATE a written document, signed under oath by a person with authority to bind WSP certifying (i) that he or she has such authority; (ii) that WSP is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE to provide telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), in accordance with subsections 26.5 and 26.6 above; (iii) that WSP has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE in a manner not permitted by subsection 2.3.3 of Attachment 02; and (iv) that WSP has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02. If AT&T-21STATE does not timely receive such a certification from WSP, AT&T-21STATE may send WSP notice via certified mail or overnight delivery reminding WSP that it must do so, and WSP must then deliver the required certification to AT&T-21STATE within (60) days after such a notice is rendered. If the WSP fails to provide the required certification required under Section 26.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law, immediately, and without further notice to WSP, terminate the Agreement. 26.8 WSP warrants that it holds the appropriate FCC license(s), State(s) Secretary of State registration(s) and any certifications or registrations required by the State Commissions needed to continue to operate as a CMRS provider. Loss of any such certification during the term of this Agreement is a material breach of this Agreement.

Appears in 2 contracts

Samples: Telecommunications, Telecommunications

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COMPLIANCE AND CERTIFICATION. 26.1 28.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law.. Page 47 of 102 Contract Id: 4791437 Version: 1Q16 – Resale – 04/27/16 26.2 28.2 Each Party warrants that it has obtained all necessary certifications and licenses state certification required in each state covered by this Agreement prior to ordering any Interconnection products and/or services Services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification and licensurecertification. 26.3 28.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 26.4 28.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. 26.5 WSP warrants that it is a telecommunications carrier within the meaning of 47 U.S.C. §153(51) and acknowledges that only telecommunications carriers are entitled to enter into interconnection agreements under Section 251(c)(2) of the Act. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is acting as a telecommunications carrier, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is acting as a telecommunications carrier by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to 28.5 CLEC shall provide AT&T-21STATE such information with CLEC’s complete and valid OCNs/AECNs as AT&T-21STATE may reasonably request within thirty assigned by NECA and ACNA as assigned by iconectiv (30) days of AT&T-21STATE’s request“Profile Codes”), shall be considered a material breach of this Agreement. 26.6 WSP warrants that such interconnection as it may obtain from AT&T-21STATE pursuant for each state to which this Agreement is for the provision applies. For renegotiated agreements, CLEC shall also provide a list of telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), all OCNs/AECNs and acknowledges that AT&T-21STATE has no duty ACNAs associated with products and services purchased prior to provide interconnection pursuant to 47 U.S.C. §251(c)(2) to a company that does not provide telephone exchange service or exchange access. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is providing telephone exchange or exchange access services, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is providing telephone exchange or exchange access services by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.7 Beginning one year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP provide AT&T-21STATE a written document, signed under oath by a person with authority to bind WSP certifying (i) that he or she has such authority; (ii) that WSP is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE to provide telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), in accordance with subsections 26.5 and 26.6 above; (iii) that WSP has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE in a manner not permitted by subsection 2.3.3 of Attachment 02; and (iv) that WSP has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02. If AT&T-21STATE does not timely receive such a certification from WSP, AT&T-21STATE may send WSP notice via certified mail or overnight delivery reminding WSP that it must do so, and WSP must then deliver the required certification to AT&T-21STATE within (60) days after such a notice is rendered. If the WSP fails to CLEC shall provide the required certification required under Section 26.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law, immediately, and without further notice to WSP, terminate the Agreement. 26.8 WSP warrants that it holds Profile Codes via the appropriate FCC license(s)OSS, State(s(e.g., CLEC Profile) Secretary of State registration(swithin thirty (30) and any certifications or registrations required by the State Commissions needed to continue to operate as a CMRS provider. Loss of any such certification during the term calendar days of this Agreement is a material breach of being approved by the applicable Commission. CLEC shall not order products or services under this AgreementAgreement until it has provided its Profile Codes as set forth in this Section.

Appears in 2 contracts

Samples: Wholesale Agreement, Wholesale Agreement

COMPLIANCE AND CERTIFICATION. 26.1 22.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law. 26.2 22.2 Each Party warrants that it has obtained all necessary certifications and licenses required in each state covered by this Agreement prior to ordering any Interconnection Interconnection, functions, Facilities, products and/or and services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification and licensure. 26.3 22.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriersTelecommunications Carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 26.4 22.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. 26.5 WSP 22.5 Carrier warrants that it is a telecommunications carrier within the meaning of 47 U.S.C. §§ 153(51) and acknowledges that only telecommunications carriers are entitled to enter into interconnection agreements under Section 251(c)(2) of the Act. If, during the term of this Agreement, AT&T-21STATE AT&T TEXAS has a good faith basis to question whether WSP Carrier is acting as a telecommunications carrier, WSP AT&T TEXAS may initiate a proceeding at the Commission to determine whether Carrier is acting as a telecommunications carrier, and may terminate this Agreement if the Commission determines Carrier is not doing so. In order to avoid the need for such a proceeding if possible, Xxxxxxx will cooperate with AT&T-21STATEAT&T TEXAS’s attempts to determine whether WSP Xxxxxxx is acting as a telecommunications carrier by providing such information as AT&T-21STATE AT&T TEXAS may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.6 WSP 22.6 Carrier warrants that such interconnection as it may obtain from AT&T-21STATE AT&T TEXAS pursuant to this Agreement is for the provision of telephone exchange service as defined in 47 U.S.C. §§ 153(54) and/or exchange access as defined in 47 U.S.C. §§ 153(20), and acknowledges that AT&T-21STATE AT&T TEXAS has no duty to provide interconnection pursuant to 47 U.S.C. §§ 251(c)(2) to a company that does not provide telephone exchange service or exchange access. If, during the term of this Agreement, AT&T-21STATE AT&T TEXAS has a good faith basis to question whether WSP Carrier is providing telephone exchange service or exchange access servicesaccess, WSP AT&T TEXAS may initiate a proceeding at the Commission to determine whether Carrier is doing so, and may discontinue its provision of interconnection to Carrier pursuant to the Agreement if the Commission determines Carrier is not doing so. In order to avoid the need for such a proceeding if possible, Xxxxxxx will cooperate with AT&T-21STATEAT&T TEXAS’s attempts to determine whether WSP Xxxxxxx is providing telephone exchange service or exchange access services by providing such information as AT&T-21STATE AT&T TEXAS may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.7 Beginning one 22.7 One year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP Xxxxxxx will provide AT&T-21STATE AT&T TEXAS a written document, signed under oath by a person with authority to bind WSP Carrier certifying (i) that he or she has such authority; (ii) that WSP Carrier is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE AT&T TEXAS to provide telephone exchange service as defined in 47 U.S.C. §§ 153(54) and/or exchange access as defined in 47 U.S.C. §§ 153(20), in accordance with subsections 26.5 22.5 and 26.6 22.6 above; (iii) that WSP Carrier has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE AT&T TEXAS in a manner not permitted by subsection 2.3.3 of Attachment 02this Agreement; and (iv) that WSP Carrier has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02this Agreement. If AT&T-21STATE AT&T TEXAS does not timely receive such a certification from WSPCarrier, AT&T-21STATE AT&T TEXAS may send WSP Carrier notice via certified mail or overnight delivery reminding WSP Carrier that it must may do so, and WSP Carrier must then deliver the required certification to AT&T-21STATE AT&T TEXAS within fifteen (6015) days after such a notice is rendered. If the WSP Carrier fails to provide the required certification required under Section 26.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law: 22.7.1 cancel any pending application, immediatelyrequest or order for new or additional Interconnection products and/or services and network elements, and without further notice to WSP, terminate the under this Agreement.; 26.8 WSP warrants that it holds the appropriate FCC license(s), State(s) Secretary of State registration(s) and 22.7.2 disconnect any certifications or registrations required by the State Commissions needed to continue to operate as a CMRS provider. Loss of interconnection products and/or services furnished under this Agreement; and 22.7.3 discontinue providing any such certification during the term of this Agreement is a material breach of Interconnection products and/or services furnished under this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

COMPLIANCE AND CERTIFICATION. 26.1 27.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law. 26.2 27.2 Each Party warrants that it has obtained all necessary certifications and licenses required in each state covered by this Agreement prior to ordering any Interconnection products and/or services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification and licensure. 26.3 27.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 26.4 27.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA.. CN:05132019-9387 000042 26.5 27.5 WSP warrants that it is a telecommunications carrier within the meaning of 47 U.S.C. §153(51) and acknowledges that only telecommunications carriers are entitled to enter into interconnection agreements under Section 251(c)(2) of the Act. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is acting as a telecommunications carrier, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is acting as a telecommunications carrier by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.6 27.6 WSP warrants that such interconnection as it may obtain from AT&T-21STATE pursuant to this Agreement is for the provision of telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), and acknowledges that AT&T-21STATE has no duty to provide interconnection pursuant to 47 U.S.C. §251(c)(2) to a company that does not provide telephone exchange service or exchange access. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is providing telephone exchange or exchange access services, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is providing telephone exchange or exchange access services by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.7 Beginning one year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP provide AT&T-21STATE a written document, signed under oath by a person with authority to bind WSP certifying (i) that he or she has such authority; (ii) that WSP is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE to provide telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), in accordance with subsections 26.5 and 26.6 above; (iii) that WSP has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE in a manner not permitted by subsection 2.3.3 of Attachment 02; and (iv) that WSP has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02. If AT&T-21STATE does not timely receive such a certification from WSP, AT&T-21STATE may send WSP notice via certified mail or overnight delivery reminding WSP that it must do so, and WSP must then deliver the required certification to AT&T-21STATE within (60) days after such a notice is rendered. If the WSP fails to provide the required certification required under Section 26.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law, immediately, and without further notice to WSP, terminate the Agreement. 26.8 WSP warrants that it holds the appropriate FCC license(s), State(s) Secretary of State registration(s) and any certifications or registrations required by the State Commissions needed to continue to operate as a CMRS provider. Loss of any such certification during the term of this Agreement is a material breach of this Agreement.

Appears in 1 contract

Samples: Telecommunications

COMPLIANCE AND CERTIFICATION. 26.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law. 26.2 Each Party warrants that it has obtained all necessary certifications and licenses required in each state covered by this Agreement prior to ordering any Interconnection products and/or services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification and licensure. 26.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 26.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. 26.5 WSP warrants that it is a telecommunications carrier within the meaning of 47 U.S.C. §153(51) and acknowledges that only telecommunications carriers are entitled to enter into interconnection agreements under Section 251(c)(2) of the Act. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is acting as a telecommunications carrier, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is acting as a telecommunications carrier by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.6 WSP warrants that such interconnection as it may obtain from AT&T-21STATE pursuant to this Agreement is for the provision of telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), and acknowledges that AT&T-21STATE has no duty to provide interconnection pursuant to 47 U.S.C. . §251(c)(2) to a company that does not provide telephone exchange service or exchange access. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is providing telephone exchange or exchange access services, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is providing telephone exchange or exchange access services by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.7 Beginning one year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP provide AT&T-21STATE a written document, signed under oath by a person with authority to bind WSP certifying (i) that he or she has such authority; (ii) that WSP is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE to provide telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), in accordance with subsections 26.5 and 26.6 above; (iii) that WSP has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE in a manner not permitted by subsection 2.3.3 of Attachment 02; and (iv) that WSP has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02. If AT&T-21STATE does not timely receive such a certification from WSP, AT&T-21STATE may send WSP notice via certified mail or overnight delivery reminding WSP that it must do so, and WSP must then deliver the required certification to AT&T-21STATE within (60) days after such a notice is rendered. If the WSP fails to provide the required certification required under Section 26.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law, immediately, and without further notice to WSP, terminate the Agreement. 26.8 WSP warrants that it holds the appropriate FCC license(s), State(s) Secretary of State registration(s) and any certifications or registrations required by the State Commissions needed to continue to operate as a CMRS provider. Loss of any such certification during the term of this Agreement is a material breach of this Agreement.

Appears in 1 contract

Samples: Peering Agreement

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COMPLIANCE AND CERTIFICATION. 26.1 29.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law.. Contract Id: 4603676 Version: 4Q14 – ICA – 12/16/14 26.2 29.2 Each Party warrants that it has obtained all necessary certifications and licenses state certification required in each state covered by this Agreement prior to ordering any Interconnection products and/or services Services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification and licensurecertification. 26.3 29.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 26.4 29.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. 26.5 WSP warrants that it is a telecommunications carrier within the meaning of 47 U.S.C. §153(51) and acknowledges that only telecommunications carriers are entitled to enter into interconnection agreements under Section 251(c)(2) of the Act. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is acting as a telecommunications carrier, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is acting as a telecommunications carrier by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to 29.5 CLEC shall provide AT&T-21STATE such information with CLEC’s complete and valid OCNs/AECNs as AT&T-21STATE may reasonably request within thirty assigned by NECA and ACNA as assigned by iconectiv (30) days of AT&T-21STATE’s request“Profile Codes”), shall be considered a material breach of this Agreement. 26.6 WSP warrants that such interconnection as it may obtain from AT&T-21STATE pursuant for each state to which this Agreement is for the provision applies. For renegotiated agreements, CLEC shall also provide a list of telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), all OCNs/AECNs and acknowledges that AT&T-21STATE has no duty ACNAs associated with products and services purchased prior to provide interconnection pursuant to 47 U.S.C. §251(c)(2) to a company that does not provide telephone exchange service or exchange access. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is providing telephone exchange or exchange access services, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is providing telephone exchange or exchange access services by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.7 Beginning one year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP provide AT&T-21STATE a written document, signed under oath by a person with authority to bind WSP certifying (i) that he or she has such authority; (ii) that WSP is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE to provide telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), in accordance with subsections 26.5 and 26.6 above; (iii) that WSP has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE in a manner not permitted by subsection 2.3.3 of Attachment 02; and (iv) that WSP has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02. If AT&T-21STATE does not timely receive such a certification from WSP, AT&T-21STATE may send WSP notice via certified mail or overnight delivery reminding WSP that it must do so, and WSP must then deliver the required certification to AT&T-21STATE within (60) days after such a notice is rendered. If the WSP fails to CLEC shall provide the required certification required under Section 26.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law, immediately, and without further notice to WSP, terminate the Agreement. 26.8 WSP warrants that it holds Profile Codes via the appropriate FCC license(s)OSS, State(s(e.g., CLEC Profile) Secretary of State registration(swithin thirty (30) and any certifications or registrations required by the State Commissions needed to continue to operate as a CMRS provider. Loss of any such certification during the term calendar days of this Agreement is a material breach of being approved by the applicable Commission. CLEC shall not order products or services under this AgreementAgreement until it has provided its Profile Codes as set forth in this Section.

Appears in 1 contract

Samples: Wholesale Agreement

COMPLIANCE AND CERTIFICATION. 26.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law. 26.2 Each Party warrants that it has obtained all necessary certifications and licenses required in each state covered by this Agreement prior to ordering any Interconnection products and/or services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification and licensure.. CN:03292017-7376 000041 26.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 26.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. 26.5 WSP warrants that it is a telecommunications carrier within the meaning of 47 U.S.C. §153(51) and acknowledges that only telecommunications carriers are entitled to enter into interconnection agreements under Section 251(c)(2) of the Act. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is acting as a telecommunications carrier, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is acting as a telecommunications carrier by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.6 WSP warrants that such interconnection as it may obtain from AT&T-21STATE pursuant to this Agreement is for the provision of telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), and acknowledges that AT&T-21STATE has no duty to provide interconnection pursuant to 47 U.S.C. §251(c)(2) to a company that does not provide telephone exchange service or exchange access. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is providing telephone exchange or exchange access services, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is providing telephone exchange or exchange access services by providing such information as AT&T-21STATE AT&T- 21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE AT&T- 21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.7 Beginning one year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP provide AT&T-21STATE a written document, signed under oath by a person with authority to bind WSP certifying (i) that he or she has such authority; (ii) that WSP is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE to provide telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), in accordance with subsections 26.5 and 26.6 above; (iii) that WSP has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE in a manner not permitted by subsection 2.3.3 of Attachment 02; and (iv) that WSP has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02. If AT&T-21STATE does not timely receive such a certification from WSP, AT&T-21STATE may send WSP notice via certified mail or overnight delivery reminding WSP that it must do so, and WSP must then deliver the required certification to AT&T-21STATE within (60) days after such a notice is rendered. If the WSP fails to provide the required certification required under Section 26.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law, immediately, and without further notice to WSP, terminate the Agreement. 26.8 WSP warrants that it holds the appropriate FCC license(s), State(s) Secretary of State registration(s) and any certifications or registrations required by the State Commissions needed to continue to operate as a CMRS provider. Loss of any such certification during the term of this Agreement is a material breach of this Agreement.

Appears in 1 contract

Samples: Telecommunications

COMPLIANCE AND CERTIFICATION. 26.1 Each Party shall comply at its own expense with all Applicable Laws that relate to that Party’s obligations to the other Party under this Agreement. Nothing in this Agreement shall be construed as requiring or permitting either Party to contravene any mandatory requirement of Applicable Law. 26.2 Each Party warrants that it has obtained all necessary certifications and licenses required in each state covered by this Agreement prior to ordering any Interconnection products and/or services from the other Party pursuant to this Agreement. Upon request, each Party shall provide proof of certification and licensure. 26.3 Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, Governmental Authorities, building and property owners, other carriers, and any other Third Parties that may be required in connection with the performance of its obligations under this Agreement. 26.4 Each Party represents and warrants that any equipment, facilities or services provided to the other Party under this Agreement comply with the CALEA. 26.5 WSP warrants that it is a telecommunications carrier within the meaning of 47 U.S.C. §153(51) and acknowledges that only telecommunications carriers are entitled to enter into interconnection agreements under Section 251(c)(2) of the Act. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is acting as a telecommunications carrier, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is acting as a telecommunications carrier by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.6 WSP warrants that such interconnection as it may obtain from AT&T-21STATE pursuant to this Agreement is for the provision of telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), and acknowledges that AT&T-21STATE has no duty to provide interconnection pursuant to 47 U.S.C. §251(c)(2) to a company that does not provide telephone exchange service or exchange access. If, during the term of this Agreement, AT&T-21STATE has a good faith basis to question whether WSP is providing telephone exchange or exchange access services, WSP will cooperate with AT&T-21STATE’s attempts to determine whether WSP is providing telephone exchange or exchange access services by providing such information as AT&T-21STATE may reasonably request relating thereto. Any failure to provide AT&T-21STATE such information as AT&T-21STATE may reasonably request within thirty (30) days of AT&T-21STATE’s request, shall be considered a material breach of this Agreement. 26.7 Beginning one year after the Effective Date of this Agreement, and again on the anniversary of the Effective Date in each succeeding year, AT&T-21STATE may request that WSP provide AT&T-21STATE a written document, signed under oath by a person with authority to bind WSP certifying (i) that he or she has such authority; (ii) that WSP is operating as a telecommunications carrier and is using interconnection provided by AT&T-21STATE to provide telephone exchange service as defined in 47 U.S.C. §153(54) and/or exchange access as defined in 47 U.S.C. §153(20), in accordance with subsections 26.5 and 26.6 above; (iii) that WSP has not used the Facilities to deliver land-to-mobile traffic that it receives from AT&T-21STATE in a manner not permitted by subsection 2.3.3 of Attachment 02; and (iv) that WSP has not used the Facilities to deliver traffic in a manner not permitted by subsection 2.3.4 of Attachment 02. If AT&T-21STATE does not timely receive such a certification from WSP, AT&T-21STATE may send WSP notice via certified mail or overnight delivery reminding WSP that it must do so, and WSP must then deliver the required certification to AT&T-21STATE within (60) days after such a notice is rendered. If the WSP fails to provide the required certification required under Section 26.7 of this Agreement, AT&T may, in addition to exercising any other rights or remedies it may have under Applicable Law, immediately, and without further notice to WSP, terminate the Agreement.. CN:04072021-10285 000041 26.8 WSP warrants that it holds the appropriate FCC license(s), State(s) Secretary of State registration(s) and any certifications or registrations required by the State Commissions needed to continue to operate as a CMRS provider. Loss of any such certification during the term of this Agreement is a material breach of this Agreement.

Appears in 1 contract

Samples: Telecommunications

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