Contest (a) If a written claim is made against a Tax Indemnitee for Taxes with respect to which Owner could be liable for payment or indemnity hereunder, or if a Tax Indemnitee makes a determination that a Tax is due for which Owner could have an indemnity obligation hereunder, such Tax Indemnitee shall promptly give Owner notice in writing of such claim (provided, that failure to so notify Owner shall not relieve Owner of its indemnity obligations hereunder unless such failure to notify effectively forecloses Owner's rights to require a contest of such claim) and shall take no action with respect to such claim without the prior written consent of Owner for 30 days following the receipt of such notice by Owner; provided, that, in the case of a claim made against a Tax Indemnitee, if such Tax Indemnitee shall be required by law to take action prior to the end of such 30-day period, such Tax Indemnitee shall, in such notice to Owner, so inform Owner, and such Tax Indemnitee shall take no action for as long as it is legally able to do so (it being understood that a Tax Indemnitee shall be entitled to pay the Tax claimed and xxx for a refund prior to the end of such 30-day period if (i)(A) the failure to so pay the Tax would result in substantial penalties (unless immediately reimbursed by Owner) and the act of paying the Tax would not materially prejudice the right to contest or (B) the failure to so pay would result in criminal penalties and (ii) such Tax Indemnitee shall take any action so required in connection with so paying the Tax in a manner that is the least prejudicial to the pursuit of the contest). In addition, such Tax Indemnitee shall (provided, that Owner shall have agreed to keep such information confidential other than to the extent necessary in order to contest the claim) furnish Owner with copies of any requests for information from any Taxing Authority relating to such Taxes with respect to which Owner may be required to indemnify hereunder. If requested by Owner in writing within 30 days after its receipt of such notice, such Tax Indemnitee shall, at the expense of Owner (including, without limitation, all reasonable costs, expenses and reasonable attorneys' and accountants' fees and disbursements), in good faith contest (or, if permitted by applicable law, allow Owner to contest) through appropriate administrative and judicial proceedings the validity, applicability or amount of such Taxes by (I) resisting payment thereof, (II) not paying the same except under protest if protest is necessary and proper or (III) if the payment is made, using reasonable efforts to obtain a refund thereof in an appropriate administrative and/or judicial proceeding. If requested to do so by Owner, the Tax Indemnitee shall appeal any adverse administrative or judicial decision, except that the Tax Indemnitee shall not be required to pursue any appeals to the United States Supreme Court. If and to the extent the Tax Indemnitee is able to separate the contested issue or issues from other issues arising in the same administrative or judicial proceeding that are unrelated to the transactions contemplated by the Operative Agreements without, in the good faith judgment of such Tax Indemnitee, adversely affecting such Tax Indemnitee, such Tax Indemnitee shall permit Owner to control the conduct of any such proceeding and shall provide to Owner (at Owner's cost and expense) with such information or data that is in such Tax Indemnitee's control or possession that is reasonably necessary to conduct such contest. In the case of a contest controlled by a Tax Indemnitee, such Tax Indemnitee shall consult with Owner in good faith regarding the manner of contesting such claim and shall keep Owner reasonably informed regarding the progress of such contest. A Tax Indemnitee shall not fail to take any action expressly required by this Section 8.3.4 (including, without limitation, any action regarding any appeal of an adverse determination with respect to any claim) or settle or compromise any claim without the prior written consent of the Owner (except as contemplated by Section 8.3.4(b) or (c)).
FORCE XXXXXX The Escrow Agent shall not be responsible for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, riots, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communication service, accidents, labor disputes, acts of civil or military authority, or governmental actions.
Xxxxxx Xxxxxx Xxxx Day 10.1.3 Lincoln Day
SOMEC XXXXX XXXXX XXXXX XXXXX XXXXX UNBUNDLED LOCAL SWITCHING, PORT USAGE End Office Switching (Port Usage) End Office Switching Function, Per MOU 0.0010519 End Office Trunk Port - Shared, Per MOU 0.0002136 Tandem Switching (Port Usage) (Local or Access Tandem) Tandem Switching Function Per MOU 0.0001634 Tandem Trunk Port - Shared, Per MOU 0.0002863 Tandem Switching Function Per MOU (Melded) 0.00004951 Tandem Trunk Port - Shared, Per MOU (Melded) 0.000086749 Melded Factor: 30.30% of the Tandem Rate Common Transport Common Transport - Per Mile, Per MOU 0.0000045 Common Transport - Facilities Termination Per MOU 0.0004095
SOMEC XXXXX XXXXX XXXXX XXXXX XXXXX Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNCVX UNCCC 5.59 5.59 6.98 6.98 EXTENDED 4-WIRE VOICE GRADE EXTENDED LOOP/ 4 WIRE VOICE GRADE INTEROFFICE TRANSPORT 4-WireVG Loop in combination - Xxxx 0 0 XXXXX XXXX0 25.34 131.97 94.51 59.14 14.50 4-WireVG Loop in combination - Xxxx 0 0 XXXXX XXXX0 38.58 131.97 94.51 59.14 14.50 4-WireVG Loop in combination - Xxxx 0 0 XXXXX XXXX0 60.02 131.97 94.51 59.14 14.50 Interoffice Transport - 4-wire VG - Dedicated - Per Mile Per Month UNCVX 1L5XX 0.008838 Interoffice Transport - 4-wire VG - Dedicated - Facility Termination per month UNCVX U1TV4 18.73 40.54 27.41 16.74 6.90 Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNCVX UNCCC 5.59 5.59 6.98 6.98 EXTENDED DS3 DIGITAL EXTENDED LOOP WITH DEDICATED DS3 INTEROFFICE TRANSPORT DS3 Local Loop in combination - per mile per month UNC3X 1L5ND 8.38 DS3 Local Loop in combination - Facility Termination per month UNC3X UE3PX 308.98 451.52 263.94 119.49 83.58 Interoffice Transport - Dedicated - DS3 - Per Mile per month UNC3X 1L5XX 4.09 Interoffice Transport - Dedicated - DS3 combination - Facility Termination per per month UNC3X U1TF3 703.52 278.75 162.76 60.20 58.46 Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNC3X UNCCC 5.59 5.59 6.98 6.98 EXTENDED STS-1 DIGITAL EXTENDED LOOP WITH DEDICATED STS-1 INTEROFFICE TRANSPORT STS-1 Local Lolp in combination - per mile per month UNCSX 1L5ND 8.38 STS-1 Local Loop in combination - Facility Termination per month UNCSX UDLS1 319.83 451.52 263.94 119.49 83.58 Interoffice Transport - Dedicated - STS-1 combination - per mile per month UNCSX 1L5XX 4.09 Interoffice Transport - Dedicated - STS-1 combination - Facility Termination per month UNCSX U1TFS 701.37 278.75 162.76 60.20 58.46 Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNCSX UNCCC 5.59 5.59 6.98 6.98 EXTENDED 2-WIRE ISDN EXTENDED LOOP WITH DS1 INTEROFFICE TRANSPORT First 2-Wire ISDN Loop in Combination - Zone 1 1 UNCNX U1L2X 21.88 117.24 79.77 52.88 10.54 First 2-Wire ISDN Loop in Combination - Zone 2 2 UNCNX U1L2X 32.85 117.24 79.77 52.88 10.54 First 2-Wire ISDN Loop in Combination - Zone 3 3 UNCNX U1L2X 48.55 117.24 79.77 52.88 10.54 Interoffice Transport - Dedicated - DS1 combination - per mile per month UNC1X 1L5XX 0.18 Interoffice Transport - Dedicated - DS1 combination - Facility Termination per month UNC1X U1TF1 60.16 89.27 81.81 16.35 14.44 1/0 Channel System in combination - per month UNC1X MQ1 101.06 91.04 62.57 10.54 9.79 2-wire ISDN COCI (BRITE) - in combination - per month UNCNX UC1CA 2.41 6.58 4.72 Additional 2-wire ISDN Loop in same DS1Interoffice Transport Combination - Zone 1 1 UNCNX U1L2X 21.88 117.24 79.77 52.88 10.54 Additional 2-wire ISDN Loop in same DS1Interoffice Transport Combination - Zone 2 2 UNCNX U1L2X 32.85 117.24 79.77 52.88 10.54 Additional 2-wire ISDN Loop in same DS1Interoffice Transport Combination - Zone 3 3 UNCNX U1L2X 48.55 117.24 79.77 52.88 10.54 Additional 2-wire ISDN COCI (BRITE) - in combination- per month UNCNX UC1CA 2.41 6.58 4.72 Nonrecurring Currently Combined Network Elements Switch -As- Is Charge UNC1X UNCCC 5.59 5.59 6.98 6.98 EXTENDED 4-WIRE DS1 DIGITAL EXTENDED LOOP WITH DEDICATED STS-1 INTEROFFICE TRANSPORT First DS1 Loop Combination - Zone 1 1 UNC1X USLXX 82.55 252.47 157.54 44.70 11.71 First DS1 Loop Combination - Zone 2 2 UNC1X USLXX 154.18 252.47 157.54 44.70 11.71 First DS1 Loop Combination - Zone 3 3 UNC1X USLXX 314.52 252.47 157.54 44.70 11.71 Interoffice Transport - Dedicated - STS-1 combination - Per Mile Per Month UNCSX 1L5XX 4.09 Interoffice Transport - Dedicated - STS-1 combination - Facility Termination per month UNCSX U1TFS 701.37 278.75 162.76 60.20 58.46
Xxxx Xxxxx Where the parties cannot agree on an arbitrator, one of the above named will be chosen at random.
Xxxxx Xxxxx Associates is a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in emerging Asia.
Xxxx Xxxxxx Purchase Order and Sales Contact Email Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. xxxxxx@xxxxxxxxxxxxxxxx.xxx Purchase Order and Sales Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 2 3 8003839362 Company Website Company Website (Format - xxx.xxxxxxx.xxx) 4 xxx.xxxxxxxxxxxxxxxx.xxx Entity D/B/A's and Assumed Names You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award. 5 N/A Primary Address Primary Address 2 0000 X Xxxxx Xxxxx Primary Address City Primary Address City 7 West Jordan Primary Address State Primary Address State (2 Digit Abbreviation) 2 8 UT Primary Address Zip Primary Address Zip 9 84081 Search Words Identifying Vendor Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation.
Xxx Xxxxx Chairman Hong Kong, 3 April 2020
Xx Xxxxxx No waiver or modification of this Agreement or any of its terms is valid or enforceable unless reduced to writing and signed by the party who is alleged to have waived its rights or to have agreed to a modification.
