Common use of Deposit Policy Clause in Contracts

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial condition, BellSouth reserves the right to require Freedom to provide BellSouth with a suitable form of security deposit for Freedom’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by Freedom. Any such security deposit shall in no way release Freedom from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom to provide a security deposit, Freedom shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom may be Suspended, Discontinued or Terminated in accordance with the terms of Section

Appears in 3 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

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Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Metro Teleconnect shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomMetro Teleconnect’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomMetro Teleconnect’s credit and financial condition, BellSouth reserves the right to require Freedom Metro Teleconnect to provide BellSouth with a suitable form of security deposit for FreedomMetro Teleconnect’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomMetro Teleconnect’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomMetro Teleconnect’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomMetro Teleconnect. Any such security deposit shall in no way release Freedom Metro Teleconnect from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Metro Teleconnect to provide a security deposit, Freedom Metro Teleconnect shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Metro Teleconnect via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Metro Teleconnect has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Metro Teleconnect or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Metro Teleconnect and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Metro Teleconnect fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Metro Teleconnect may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Metro Teleconnect’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Metro Teleconnect as security under this Agreement, Metro Teleconnect shall renew such letter of credit or provide BellSouth with evidence that Metro Teleconnect has obtained a suitable replacement for the letter of credit. If Metro Teleconnect fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Metro Teleconnect accounts(s). If Metro Teleconnect provides a security deposit or additional security deposit in the form of a surety bond as required herein, Metro Teleconnect shall renew the surety bond or provide BellSouth with evidence that Metro Teleconnect has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Metro Teleconnect fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Metro Teleconnect’s account(s). If the credit rating of any bonding company that has provided Metro Teleconnect with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Metro Teleconnect that Metro Teleconnect must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Metro Teleconnect fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Metro Teleconnect’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by Metro Teleconnect as security hereunder if Metro Teleconnect defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Deposit Policy. Prior to the inauguration of service orCellutell Communications, thereafter, upon BellSouth’s request, Freedom Inc. shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Based on BellSouth’s analysis the results of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom to provide BellSouth secure the account with a suitable form of security deposit for Freedom’s account(s)deposit. If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional Such security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by Freedomsecurity. Any such security deposit shall in no way release Freedom Cellutell Communications, Inc. from its obligation to make complete and timely payments of its xxxx(s)xxxx. If BellSouth requires Freedom to provide a security depositCellutell Communications, Freedom Inc. shall provide such security deposit pay any applicable deposits prior to the inauguration of service or within fifteen (15) days service. If, in the sole opinion of BellSouth, circumstances so warrant and/or gross monthly billing has increased beyond the level initially used to determine the level of security deposit, BellSouth reserves the right to request additional security and/or file a Uniform Commercial Code (UCC-1) security interest in Cellutell Communications, Inc.’s request, as applicable. Deposit request notices will be sent to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. “accounts receivables and proceeds.” Version R3Q01: 12/01/01 Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 the appropriate BellSouth tariff. Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Cellutell Communications, Inc. fails to provide remit to BellSouth with a suitable form of security any deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails requested pursuant to make any payment or payments required under this Agreement in the manner and within the time requiredSection, service to Freedom Cellutell Communications, Inc. may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.6 of this Attachment, and any security deposits will be applied to Cellutell Communications, Inc.'s account(s). 1.7.1 The fact that a security deposit has been made in no way relieves Cellutell Communications, Inc. from complying with BellSouth's regulations as to advance payments. Any such security deposit shall in no way release Cellutell Communications, Inc. from its obligation to make complete and timely payments of its bills.

Appears in 2 contracts

Samples: Clec Agreement, Clec Agreement

Deposit Policy. Prior When purchasing any service from BellSouth, Carrier will be required to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom shall complete the BellSouth Credit Profile (BellSouth form) and provide information to reasonably requested by BellSouth regarding Freedom’s Xxxxxxx's credit and financial conditionworthiness. Based on BellSouth’s analysis Xxxxxxx's creditworthiness determined as a result of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom Carrier to provide BellSouth with assure payment by submitting a suitable form of security deposit for Freedom’s account(s)in an amount reasonably requested by BellSouth. If, in the sole opinion of BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s Xxxxxxx's credit worthiness decreases to a commercially significant extent or gross monthly billing has increasedincreased beyond the level used to determine the level of previous security deposit, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security security. Such deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit (BellSouth form), Surety Bond credit (BellSouth form) or, in BellSouth’s sole discretion, a surety bond (BellSouth form) or some other form of security proposed by Freedom. Any such security deposit shall in no way release Freedom from its obligation mutually acceptable to make complete and timely payments of its xxxx(s)the Parties. If BellSouth requires Freedom Carrier to provide a security deposit, Freedom Carrier shall provide such security deposit prior to the inauguration of service or to within fifteen (15) days of BellSouth’s 's request, as applicable. Deposit request notices will be sent to Freedom Carrier via certified mail or overnight deliverydelivery in accordance with Section XXIX. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid to Carrier in accordance with the terms of the applicable BellSouth tariff. Any such security deposit shall in no way release Carrier from its obligation to make timely payment of amounts owing to BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 . The amount of any such deposit shall not exceed two (2) months' months estimated billingxxxxxxxx to Carrier. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six The two (62) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months estimated xxxxxxxx will be materially higher or lower than received in the previous six (6) monthscalculated upon all services ordered from BellSouth, Freedom both out of any tariff, and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 this Agreement. In the event Freedom Carrier fails to provide remit to BellSouth with a suitable form of security deposit or additional security deposit as required herein, hereinm defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner required and within the time required, service to Freedom Carrier may be Suspendedterminated, Discontinued and any security deposits held previously will be applied to Carrier's account(s). Carrier may request, in writing, that BellSouth review Carrier's current creditworthiness and that BellSouth refund its security if Carrier meets all of the following criteria: twelve (12) months prompt payment history, acceptable debt rating as compared to the current median debt rating in the telecommunications industry, and Carrier has not filed nor received protection from bankruptcy rules and statutes for a period of ten (10) years. When conducting its review to consider refund of deposit, BellSouth will apply the same methodology it used to determine that a security deposit was initially required. If BellSouth's review determines Carrier is now credit worthy, the Carrier's deposit, will be refunded or Terminated credited to Xxxxxxx's account in accordance with a commercially reasonable time. If Carrier provides a security deposit to BellSouth in the terms form of Sectiona letter of credit under this Agreement, at least seven

Appears in 1 contract

Samples: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Gildra’s shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomGildra’s’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomGildra’s’s credit and financial condition, BellSouth reserves the right to require Freedom Gildra’s to provide BellSouth with a suitable form of security deposit for FreedomGildra’s’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomGildra’s’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomGildra’s’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit credit (BellSouth form), Surety Bond surety bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomGildra’s and accepted by BellSouth. Any such security deposit shall in no way release Freedom Gildra’s from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Gildra’s to provide a security deposit, Freedom Gildra’s shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit Security deposit request notices will be sent to Freedom Gildra’s via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billingbilling for services pursuant to this Agreement. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Gildra’s has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Gildra’s or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Gildra’s and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Gildra’s fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Gildra’s may be Suspended, Discontinued or Terminated in accordance with the terms of Section 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Gildra’s’s final xxxx for its account(s). If no xxxx is rendered to Gildra’s, BellSouth shall, nevertheless, apply any security deposit to Gildra’s’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Gildra’s as security under this Agreement, Gildra’s shall renew such letter of credit or provide BellSouth with evidence that Gildra’s has obtained a suitable replacement for the letter of credit. If Gildra’s fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Gildra’s accounts(s). If Gildra’s provides a security deposit or additional security deposit in the form of a surety bond as required herein, Gildra’s shall renew the surety bond or provide BellSouth with evidence that Gildra’s has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Gildra’s fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Gildra’s’s account(s). If the credit rating of any bonding company that has provided Gildra’s with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Gildra’s that Gildra’s must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Gildra’s fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Gildra’s’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized, in its sole discretion, to draw down the full amount of any letter of credit or take action on any surety bond provided by Gildra’s as security hereunder if Gildra’s defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein and apply the cash proceeds to any outstanding balance on Gildra’s’s accounts and utilize any remaining cash proceeds as security for Gildra’s’s account(s).

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service Service or, thereafter, upon BellSouth’s request, Freedom CUSTOMER shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomCUSTOMER’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomCUSTOMER’s credit and financial condition, BellSouth reserves the right to require Freedom CUSTOMER to provide BellSouth with a suitable form of security deposit for FreedomCUSTOMER’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomCUSTOMER’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomCUSTOMER’s “accounts receivables and proceeds”. 1.3.1 1.4.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomCUSTOMER. Any such security deposit shall in no way release Freedom CUSTOMER from its obligation to make complete and timely payments of its xxxx(sbill(s). If BellSouth requires Freedom CUSTOMER to provide a security deposit, Freedom CUSTOMER shall provide such security deposit prior to the inauguration of service Service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom CUSTOMER via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall shall, accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 1.4.2 Security deposits collected under this Section 1.3 1.4 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom CUSTOMER has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom CUSTOMER or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom CUSTOMER and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 1.4.3 In the event Freedom CUSTOMER fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom CUSTOMER may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.6 below. Upon Termination of Services, BellSouth shall apply any security deposit to CUSTOMER’s final bill for its account(s). 1.4.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by CUSTOMER as security under this Agreement, CUSTOMER shall renew such letter of credit or provide BellSouth with evidence that CUSTOMER has obtained a suitable replacement for the letter of credit. If CUSTOMER fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for CUSTOMER account(s). If CUSTOMER provides a security deposit or additional security deposit in the form of a surety bond as required herein, CUSTOMER shall renew the surety bond or provide BellSouth with evidence that CUSTOMER has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If CUSTOMER fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for CUSTOMER’s account(s). If the credit rating of any bonding company that has provided CUSTOMER with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to CUSTOMER that CUSTOMER must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If CUSTOMER fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for CUSTOMER’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by CUSTOMER as security hereunder if CUSTOMER defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Services Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom TrustedNet shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Based on BellSouth’s analysis the results of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom to provide BellSouth secure the account with a suitable form of security deposit for Freedom’s account(s)deposit. If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional Such security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by Freedomsecurity. Any such security deposit shall in no way release Freedom TrustedNet from its obligation to make complete and timely payments of its xxxx(s)xxxx. If BellSouth requires Freedom to provide a security deposit, Freedom TrustedNet shall provide such security deposit pay any applicable deposits prior to the inauguration of service or within fifteen (15) days service. If, in the sole opinion of BellSouth, circumstances so warrant and/or gross monthly billing has increased beyond the level initially used to determine the level of security deposit, BellSouth reserves the right to request additional security and/or file a Uniform Commercial Code (UCC- 1) security interest in TrustedNet ’s request, as applicable. Deposit request notices will be sent to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. “accounts receivables and proceeds.” Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 the appropriate BellSouth tariff. Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom TrustedNet fails to provide remit to BellSouth with a suitable form of security any deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails requested pursuant to make any payment or payments required under this Agreement in the manner and within the time requiredSection, service to Freedom TrustedNet may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.6 of this Attachment, and any security deposits will be applied to TrustedNet 's account(s). 1.7.1 The fact that a security deposit has been made in no way relieves TrustedNet from complying with BellSouth's regulations as to advance payments. Any such security Version R3Q01: 12/01/01 deposit shall in no way release TrustedNet from its obligation to make complete and timely payments of its bills.

Appears in 1 contract

Samples: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Payless Telephone shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomPayless Telephone’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomPayless Telephone’s credit and financial condition, BellSouth reserves the right to require Freedom Payless Telephone to provide BellSouth with a suitable form of security deposit for FreedomPayless Telephone’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomPayless Telephone’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomPayless Telephone’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomPayless Telephone. Any such security deposit shall in no way release Freedom Payless Telephone from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Payless Telephone to provide a security deposit, Freedom Payless Telephone shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Payless Telephone via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Payless Telephone has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Payless Telephone or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Payless Telephone and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Payless Telephone fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Payless Telephone may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Home Phone shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomHome Phone’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomHome Phone’s credit and financial condition, BellSouth reserves the right to require Freedom Home Phone to provide BellSouth with a suitable form of security deposit for FreedomHome Phone’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomHome Phone’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomHome Phone’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomHome Phone. Any such security deposit shall in no way release Freedom Home Phone from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Home Phone to provide a security deposit, Freedom Home Phone shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Home Phone via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Home Phone has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Home Phone or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Home Phone and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Home Phone fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Home Phone may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Home Phone’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Home Phone as security under this Agreement, Home Phone shall renew such letter of credit or provide BellSouth with evidence that Home Phone has obtained a suitable replacement for the letter of credit. If Home Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Home Phone accounts(s). If Home Phone provides a security deposit or additional security deposit in the form of a surety bond as required herein, Home Phone shall renew the surety bond or provide BellSouth with evidence that Home Phone has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Home Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Home Phone’s account(s). If the credit rating of any bonding company that has provided Home Phone with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Home Phone that Home Phone must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Home Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Home Phone’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by Home Phone as security hereunder if Home Phone defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom U-Dial shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomU-Dial’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomU-Dial’s credit and financial condition, BellSouth reserves the right to require Freedom U-Dial to provide BellSouth with a suitable form of security deposit for FreedomU-Dial’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomU-Dial’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomU-Dial’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomU-Dial. Any such security deposit shall in no way release Freedom U-Dial from its obligation to make complete and timely payments of its xxxx(sbill(s). If BellSouth requires Freedom U-Dial to provide a security deposit, Freedom U-Dial shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom U-Dial via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom may be Suspended, Discontinued or Terminated in accordance with the terms of Section

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom FlatPhone shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomFlatPhone’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomFlatPhone’s credit and financial condition, BellSouth reserves the right to require Freedom FlatPhone to provide BellSouth with a suitable form of security deposit for FreedomFlatPhone’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomFlatPhone’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomFlatPhone’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomFlatPhone. Any such security deposit shall in no way release Freedom FlatPhone from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom FlatPhone to provide a security deposit, Freedom FlatPhone shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom FlatPhone via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom FlatPhone has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom FlatPhone or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom FlatPhone and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom FlatPhone fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom FlatPhone may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to FlatPhone’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by FlatPhone as security under this Agreement, FlatPhone shall renew such letter of credit or provide BellSouth with evidence that FlatPhone has obtained a suitable replacement for the letter of credit. If FlatPhone fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for FlatPhone accounts(s). If FlatPhone provides a security deposit or additional security deposit in the form of a surety bond as required herein, FlatPhone shall renew the surety bond or provide BellSouth with evidence that FlatPhone has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If FlatPhone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for FlatPhone’s account(s). If the credit rating of any bonding company that has provided FlatPhone with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to FlatPhone that FlatPhone must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If FlatPhone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for FlatPhone’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by FlatPhone as security hereunder if FlatPhone defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom QuantumShift shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomQuantumShift’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomQuantumShift’s credit and financial condition, BellSouth reserves the right to require Freedom QuantumShift to provide BellSouth with a suitable form of security deposit for FreedomQuantumShift’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomQuantumShift’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomQuantumShift’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomQuantumShift. Any such security deposit shall in no way release Freedom QuantumShift from its obligation to make complete and timely payments of its xxxx(sbill(s). If BellSouth requires Freedom QuantumShift to provide a security deposit, Freedom QuantumShift shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom QuantumShift via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom QuantumShift has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom QuantumShift or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom QuantumShift and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom QuantumShift fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom QuantumShift may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to QuantumShift’s final bill for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by QuantumShift as security under this Agreement, QuantumShift shall renew such letter of credit or provide BellSouth with evidence that QuantumShift has obtained a suitable replacement for the letter of credit. If QuantumShift fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for QuantumShift accounts(s). If QuantumShift provides a security deposit or additional security deposit in the form of a surety bond as required herein, QuantumShift shall renew the surety bond or provide BellSouth with evidence that QuantumShift has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If QuantumShift fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for QuantumShift’s account(s). If the credit rating of any bonding company that has provided QuantumShift with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to QuantumShift that QuantumShift must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If QuantumShift fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for QuantumShift’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by QuantumShift as security hereunder if QuantumShift defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior When purchasing services from BellSouth, TriStar will be required to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Based on BellSouth’s analysis the results of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom to provide BellSouth secure the account with a suitable form of security deposit for Freedom’s account(s)deposit. If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional Such security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s its sole discretion, some other form of security proposed by Freedomsecurity. Any such security deposit shall in no way release Freedom TriStar from its obligation to make complete and timely payments of its xxxx(s)xxxx. If BellSouth requires Freedom to provide a Such security deposit, Freedom shall provide such security deposit be required prior to the inauguration of service or within fifteen (15) days service. If, in the sole opinion of BellSouth’s request, as applicablecircumstances so warrant and/or gross monthly billing has increased beyond the level initially used to determine the level of security, BellSouth reserves the right to request additional security in a non discriminatory manner. Deposit Upon request notices of TriStar, BellSouth will review the circumstances upon which BellSouth has based the level of security and, if the circumstances so warrant, BellSouth will reduce the security provided by TriStar and, if the security is in the form of cash then a refund of the difference will be sent credited to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight deliveryTriStar’s next xxxx. Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 the appropriate BellSouth tariff. Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom that a cash security deposit exceeds two months’ estimated billing, BellSouth will lower the cash security deposit such that it no longer exceeds two months’ estimated billing and refund the difference to TriStar by way of a credit to TriStar’s next xxxx. In the event TriStar fails to provide remit to BellSouth with a suitable form of security any deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails requested pursuant to make any payment or payments required under this Agreement in the manner and within the time requiredSection, service to Freedom TriStar may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.6 of this Attachment, and any security deposits will be applied to TriStar's account(s).

Appears in 1 contract

Samples: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom EZ Communications shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomEZ Communications’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomEZ Communications’s credit and financial condition, BellSouth reserves the right to require Freedom EZ Communications to provide BellSouth with a suitable form of security deposit for FreedomEZ Communications’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomEZ Communications’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomEZ Communications’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomEZ Communications. Any such security deposit shall in no way release Freedom EZ Communications from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom EZ Communications to provide a security deposit, Freedom EZ Communications shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom EZ Communications via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom EZ Communications has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom EZ Communications or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom EZ Communications and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom EZ Communications fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom EZ Communications may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to EZ Communications’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by EZ Communications as security under this Agreement, EZ Communications shall renew such letter of credit or provide BellSouth with evidence that EZ Communications has obtained a suitable replacement for the letter of credit. If EZ Communications fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for EZ Communications accounts(s). If EZ Communications provides a security deposit or additional security deposit in the form of a surety bond as required herein, EZ Communications shall renew the surety bond or provide BellSouth with evidence that EZ Communications has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If EZ Communications fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for EZ Communications’s account(s). If the credit rating of any bonding company that has provided EZ Communications with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to EZ Communications that EZ Communications must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If EZ Communications fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for EZ Communications’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by EZ Communications as security hereunder if EZ Communications defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Globcom shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomGlobcom’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomGlobcom’s credit and financial condition, BellSouth reserves the right to require Freedom Globcom to provide BellSouth with a suitable form of security deposit for FreedomGlobcom’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomGlobcom’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomGlobcom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomGlobcom. Any such security deposit shall in no way release Freedom Globcom from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Globcom to provide a security deposit, Freedom Globcom shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Globcom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Globcom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Globcom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Globcom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Globcom fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Globcom may be Suspended, Discontinued or Terminated in accordance with the terms of Section

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Sprint shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Based on BellSouth’s analysis the results of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom to provide BellSouth secure the accounts established under this Agreement with a suitable form of security deposit for Freedom’s account(s)unless satisfactory credit has already been established. If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional Such security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth formform or another form substantially similar in its substantive provisions), Surety Bond (BellSouth formform or another form substantially similar in its substantive provisions) or, in BellSouth’s sole discretion, or some other form of security proposed by Freedomas the Parties may mutually agree. Any such security deposit shall in no way release Freedom Sprint from its obligation to make complete and timely payments of its xxxx(s)xxxx. If BellSouth requires Freedom to provide a security deposit, Freedom Sprint shall provide such security deposit pay any applicable deposits prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent unless service has already been established pursuant to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight deliverythis Agreement. Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 the appropriate BellSouth tariff. Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon . 1.15.1 If, in the reasonable opinion of BellSouth, circumstances so warrant and/or gross monthly average of billing has increased beyond the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable initially used to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that determine the level of service security deposit, BellSouth reserves the right to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 request additional security. In the event Freedom fails to provide BellSouth with a suitable form of security deposit or determining whether an additional security deposit is required, BellSouth will review Sprint’s Dun & Bradstreet rating and report details, Sprint’s payment history with BellSouth and payment history with others as required hereinavailable; the number of years Sprint has been in business; Sprint’s management history and managers’ length of service with Sprint; liens, defaults suits and judgments against Sprint; UCC-1 filings against Sprint’s assets; and to the extent available, Sprint’s financial information. Upon the conclusion of this review, if BellSouth continues to insist on its account(s)additional security, or otherwise at Sprint’s written request, BellSouth will provide an explanation in writing to Sprint justifying the decision for additional deposit. 1.15.2 Subject to Section 1.15.3 following, in the event Sprint fails to make remit to BellSouth any payment or payments required under deposit requested pursuant to this Agreement in the manner and Section within the time requiredthirty (30) days of Sprint ’s receipt of such request, service to Freedom Sprint may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.14 above, and any security deposits will be applied to Sprint’s account. 1.15.3 The Parties will work together to determine the need for or amount of a reasonable initial or increase in deposit. If the Parties are unable to agree, then Sprint must file a petition for resolution of the dispute. Such petition shall be filed with the Commission in the state in which Sprint does the most business with BellSouth. The Parties agree that the decision ordered by such Commission will be binding for all states covered by this Agreement. In the event Sprint fails to file a petition with the Commission then BellSouth may terminate service to Sprint in accordance with the terms of Section 1.14 above, and any security deposits will be applied to Sprint’s account.

Appears in 1 contract

Samples: Interconnection Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom BudgeTel shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomBudgeTel’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomBudgeTel’s credit and financial condition, BellSouth reserves the right to require Freedom BudgeTel to provide BellSouth with a suitable form of security deposit for FreedomBudgeTel’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomBudgeTel’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomBudgeTel’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomBudgeTel. Any such security deposit shall in no way release Freedom BudgeTel from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom BudgeTel to provide a security deposit, Freedom BudgeTel shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom BudgeTel via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom BudgeTel has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom BudgeTel or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom BudgeTel and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom BudgeTel fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom BudgeTel may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to BudgeTel’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by BudgeTel as security under this Agreement, BudgeTel shall renew such letter of credit or provide BellSouth with evidence that BudgeTel has obtained a suitable replacement for the letter of credit. If BudgeTel fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for BudgeTel accounts(s). If BudgeTel provides a security deposit or additional security deposit in the form of a surety bond as required herein, BudgeTel shall renew the surety bond or provide BellSouth with evidence that BudgeTel has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If BudgeTel fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for BudgeTel’s account(s). If the credit rating of any bonding company that has provided BudgeTel with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to BudgeTel that BudgeTel must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If BudgeTel fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for BudgeTel’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by BudgeTel as security hereunder if BudgeTel defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Digital Express shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomDigital Express’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomDigital Express’s credit and financial condition, BellSouth reserves the right to require Freedom Digital Express to provide BellSouth with a suitable form of security deposit for FreedomDigital Express’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomDigital Express’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomDigital Express’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomDigital Express. Any such security deposit shall in no way release Freedom Digital Express from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Digital Express to provide a security deposit, Freedom Digital Express shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Digital Express via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Digital Express has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Digital Express or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Digital Express and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Digital Express fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Digital Express may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Digital Express’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Digital Express as security under this Agreement, Digital Express shall renew such letter of credit or provide BellSouth with evidence that Digital Express has obtained a suitable replacement for the letter of credit. If Digital Express fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Digital Express accounts(s). If Digital Express provides a security deposit or additional security deposit in the form of a surety bond as required herein, Digital Express shall renew the surety bond or provide BellSouth with evidence that Digital Express has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Digital Express fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Digital Express’s account(s). If the credit rating of any bonding company that has provided Digital Express with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Digital Express that Digital Express must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Digital Express fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Digital Express’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by Digital Express as security hereunder if Digital Express defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service orNOS Communications, thereafter, upon BellSouth’s request, Freedom Inc. shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Upon BellSouth's request, NOS Communications, Inc. will update the existing BellSouth Credit Profile with current information. Based on BellSouth’s analysis the results of the BellSouth Credit Profile credit analysis and other relevant information regarding Freedom’s credit and financial conditionits history of receipt of payments from NOS Communications, Inc., BellSouth reserves the right to require Freedom to provide BellSouth secure the account with a suitable form of security deposit for Freedom’s account(s)deposit. IfTo the extent not required as of the date of the previous credit analysis, in BellSouth’s sole discretionNOS Communications, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right Inc. shall not be required to request additional security (or to require furnish a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest or letter of credit to BellSouth absent an adverse material change in Freedom’s “accounts receivables financial circumstances as determined in accordance with the following factors. In determining an adverse material change, BellSouth may evaluate factors such as payment history with suppliers, bank relationships, audited financial statement ratios, years in business, management history, number of liens, suits or judgments and proceeds”pay history with BellSouth. Such adverse material changes may not be measured based upon changes that alone would not be deemed material. 1.3.1 Security 1.7.4.1 To the extent a security deposit is required, such security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), ) or Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, or some other form of security proposed by Freedom. NOS Communications, Inc. and that is acceptable to BellSouth at its sole discretion. 1.7.4.2 Any such security deposit shall in no way release Freedom NOS Communications, Inc. from its obligation to make complete and timely payments of its xxxx(s). If bill. 1.7.4.3 Except to the extent that NOS Communications, Inc. is already receiving service of any kind from BellSouth requires Freedom to provide a security depositunder this Agreement, Freedom NOS Communications, Inc. shall provide such security deposit pay any applicable deposits prior to the inauguration of service or within fifteen (15) days service. 1.7.4.4 If, in the reasonable judgment of BellSouth, material changes in NOS Communications, Inc.’s requestfinancial circumstances so warrant based upon the criteria in 1.7 above and/or gross monthly billing has increased significantly beyond the level initially used to determine the level of security deposit, as applicable. Deposit BellSouth reserves the right to request notices will be sent to Freedom via certified mail new or overnight delivery. Such notice period will start the day after the deposit additional security request notice is rendered by certified mail or overnight delivery. additional security. 1.7.4.5 Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST)the appropriate BellSouth tariff. 1.3.2 1.7.4.6 Security deposits collected under this Section 1.3 section shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated be based upon the monthly average of the previous six three (63) months current xxxxxxxx, if Freedom NOS Communications, Inc. has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six three (63) months. If NOS Communications, Inc. has not received service from BellSouth during the previous three (3) months, the security deposit shall be based upon estimated future xxxxxxxx. If NOS Communications, Inc. has received service from BellSouth during the previous three (3) months, but either Freedom NOS Communications, Inc. or BellSouth has reason to believe that the level of service to be received during the next six three (63) months will be materially higher or lower than received in the previous six three (63) months, Freedom NOS Communications, Inc. and BellSouth shall agree on a level of estimated xxxxxxxx based on all available relevant information. In no case shall the security deposit requested exceed two (2) months xxxxxxxx, calculated as set forth herein. 1.3.3 1.7.4.7 Subject to the Section 1.7.4.8 following, in the event NOS Communications, Inc. fails to remit to BellSouth any deposit requested pursuant to this Section within thirty days of NOS Communications, Inc.’s receipt of such request, service to NOS Communications, Inc. may be terminated, and any security deposits will be applied to NOS Communications, Inc.'s account(s). 1.7.4.8 The Parties will work together to determine the amount of a reasonable deposit. If the Parties are unable to agree, either party may petition the Commission for resolution of the dispute. In the event Freedom that the dispute is not resolved within sixty days after petitioning the Commission, and NOS Communications, Inc. fails to provide remit to BellSouth with a suitable form of security any deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails requested pursuant to make any payment or payments required under this Agreement in the manner and within the time requiredSection, service to Freedom NOS Communications, Inc. may be Suspendedterminated, Discontinued and any security deposits will be applied to NOS Communications, Inc.’s account(s). 14. The Parties agree to add to Table 1, Price Schedule of Attachment 1 the rates for Remote Call Forwarding and delete and replace the rates for 2-Wire Voice Unbundled Incoming Only Port With Caller ID - Bus as set forth in Exhibit 6, attached hereto and incorporated herein by this reference. 15. In the event that NOS Communications, Inc. consists of two (2) or Terminated more separate entities as set forth in accordance with the terms preamble to this Agreement, all such entities shall be jointly and severally liable for the obligations of SectionNOS Communications, Inc. under this Agreement. 16. The term of this Agreement shall be from the Effective Date as set forth above and shall expire as set forth in Section 3 of the MCIm Interconnection Agreement. For the purposes of determining the expiration date of this Agreement pursuant to Section 3 of the MCIm Interconnection Agreement, the effective date shall be July 29, 2002. 17. NOS Communications, Inc. shall accept and incorporate any amendments to the MCIm Interconnection Agreement executed as a result of any final judicial, regulatory, or legislative action. 18. Every notice, consent, approval, or other communications required or contemplated by this Agreement shall be in writing and shall be delivered in person or given by postage prepaid mail, address to: BellSouth Local Contract Manager 000 Xxxxx 00xx Xxxxxx, 0xx xxxxx Xxxxxxxxxx, Xxxxxxx 00000 ICS Attorney Suite 4300 000 X. Xxxxxxxxx Xx. Xxxxxxx, XX 00000 Xxxxxxx X. Xxxxxx Executive Director Corporate and Regulatory Affairs 0000 Xxxxxxx Xxxxxxx Las Vegas, Nevada 89121 or at such other address as the intended recipient previously shall have designated by written notice to the other Party. Where specifically required, notices shall be by certified or registered mail. Unless otherwise provided in this Agreement, notice by mail shall be effective on the date it is officially recorded as delivered by return receipt or equivalent, and in the absence of such record of delivery, it shall be presumed to have been delivered the fifth day, or next business day after the fifth day, after it was deposited in the mails. ‌ EXHIBIT 1‌ Exhibit 2‌ OPERATIONAL SUPPORT SYSTEMS (OSS) RATES OSS - Electronic Service Order Charge, Per Local Service Request (LSR) - Resale Only SOMEC 6.94 0.00 6.63 0.00 OSS - Manual Service Order Charge, Per Local Service Request (LSR) - Resale Only XXXXX 9.44 0.00 9.44 0.00 ODUF/EODUF SERVICES OPTIONAL DAILY USAGE FILE (ODUF) ODUF: Recording, per message 0.0000136 ODUF: Message Processing, per message 0.002506 ODUF: Message Processing, per Magnetic Tape provisioned 35.90 ODUF: Data Transmission (CONNECT:DIRECT), per message 0.00010372 ENHANCED OPTIONAL DAILY USAGE FILE (EODUF) EODUF: Message Processing, per message 0.235889

Appears in 1 contract

Samples: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Cutting Edge shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Based on BellSouth’s analysis the results of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom to provide BellSouth secure the account with a suitable form of security deposit for Freedom’s account(s)deposit. If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional Such security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by Freedomsecurity. Any such security deposit shall in no way release Freedom Cutting Edge from its obligation to make complete and timely payments of its xxxx(s)xxxx. If BellSouth requires Freedom to provide a security deposit, Freedom Cutting Edge shall provide such security deposit pay any applicable deposits prior to the inauguration of service or within fifteen (15) days service. If, in the sole opinion of BellSouth’s request, as applicable. Deposit circumstances so warrant and/or gross monthly billing has increased beyond the level initially used to determine the level of security deposit, BellSouth reserves the right to request notices will be sent to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. additional security and/or file a Uniform Commercial Code (UCC- 1) security interest in Cutting Edge‘s “accounts receivables and proceeds.” Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 the appropriate BellSouth tariff. Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Cutting Edge fails to provide remit to BellSouth with a suitable form of security any deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails requested pursuant to make any payment or payments required under this Agreement in the manner and within the time requiredSection, service to Freedom Cutting Edge may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.7 of this Attachment, and any security deposits will be applied to Cutting Edge‘s account(s). 1.8.1 The fact that a security deposit has been made in no way relieves Cutting Edge from complying with BellSouth's regulations as to advance payments. Any such security deposit shall in no way release Cutting Edge from its obligation to make complete and timely payments of its bills.

Appears in 1 contract

Samples: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom QuantumShift shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomQuantumShift’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomQuantumShift’s credit and financial condition, BellSouth reserves the right to require Freedom QuantumShift to provide BellSouth with a suitable form of security deposit for FreedomQuantumShift’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomQuantumShift’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomQuantumShift’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomQuantumShift. Any such security deposit shall in no way release Freedom QuantumShift from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom QuantumShift to provide a security deposit, Freedom QuantumShift shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom QuantumShift via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom QuantumShift has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom QuantumShift or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom QuantumShift and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom QuantumShift fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom QuantumShift may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to QuantumShift’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by QuantumShift as security under this Agreement, QuantumShift shall renew such letter of credit or provide BellSouth with evidence that QuantumShift has obtained a suitable replacement for the letter of credit. If QuantumShift fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for QuantumShift accounts(s). If QuantumShift provides a security deposit or additional security deposit in the form of a surety bond as required herein, QuantumShift shall renew the surety bond or provide BellSouth with evidence that QuantumShift has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If QuantumShift fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for QuantumShift’s account(s). If the credit rating of any bonding company that has provided QuantumShift with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to QuantumShift that QuantumShift must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If QuantumShift fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for QuantumShift’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by QuantumShift as security hereunder if QuantumShift defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Xxxxxxxx Communications shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomXxxxxxxx Communications’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomXxxxxxxx Communications’s credit and financial condition, BellSouth reserves the right to require Freedom Xxxxxxxx Communications to provide BellSouth with a suitable form of security deposit for FreedomXxxxxxxx Communications’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomXxxxxxxx Communications’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomXxxxxxxx Communications’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit credit (BellSouth form), Surety Bond surety bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomXxxxxxxx Communications and accepted by BellSouth. Any such security deposit shall in no way release Freedom Xxxxxxxx Communications from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Xxxxxxxx Communications to provide a security deposit, Freedom Xxxxxxxx Communications shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit Security deposit request notices will be sent to Freedom Xxxxxxxx Communications via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billingbilling for services pursuant to this Agreement. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Xxxxxxxx Communications has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Xxxxxxxx Communications or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Xxxxxxxx Communications and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Xxxxxxxx Communications fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Xxxxxxxx Communications may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Xxxxxxxx Communications’s final xxxx for its account(s). If no xxxx is rendered to Xxxxxxxx Communications, BellSouth shall, nevertheless, apply any security deposit to Xxxxxxxx Communications’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Xxxxxxxx Communications as security under this Agreement, Xxxxxxxx Communications shall renew such letter of credit or provide BellSouth with evidence that Xxxxxxxx Communications has obtained a suitable replacement for the letter of credit. If Xxxxxxxx Communications fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Xxxxxxxx Communications accounts(s). If Xxxxxxxx Communications provides a security deposit or additional security deposit in the form of a surety bond as required herein, Xxxxxxxx Communications shall renew the surety bond or provide BellSouth with evidence that Xxxxxxxx Communications has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Xxxxxxxx Communications fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Xxxxxxxx Communications’s account(s). If the credit rating of any bonding company that has provided Xxxxxxxx Communications with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Xxxxxxxx Communications that Xxxxxxxx Communications must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Xxxxxxxx Communications fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Xxxxxxxx Communications’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized, in its sole discretion, to draw down the full amount of any letter of credit or take action on any surety bond provided by Xxxxxxxx Communications as security hereunder if Xxxxxxxx Communications defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein and apply the cash proceeds to any outstanding balance on Xxxxxxxx Communications’s accounts and utilize any remaining cash proceeds as security for Xxxxxxxx Communications’s account(s).

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom CTI shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomCTI’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomCTI’s credit and financial condition, BellSouth reserves the right to require Freedom CTI to provide BellSouth with a suitable form of security deposit for FreedomCTI’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomCTI’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomCTI’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit credit (BellSouth form), Surety Bond surety bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomCTI and accepted by BellSouth. Any such security deposit shall in no way release Freedom CTI from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom CTI to provide a security deposit, Freedom CTI shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit Security deposit request notices will be sent to Freedom CTI via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billingbilling for services pursuant to this Agreement. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom CTI has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom CTI or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom CTI and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom CTI fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom CTI may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to CTI’s final xxxx for its account(s). If no xxxx is rendered to CTI, BellSouth shall, nevertheless, apply any security deposit to CTI’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by CTI as security under this Agreement, CTI shall renew such letter of credit or provide BellSouth with evidence that CTI has obtained a suitable replacement for the letter of credit. If CTI fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to draw down the full amount of such letter of credit and utilize the cash proceeds as security for CTI accounts(s). If CTI provides a security deposit or additional security deposit in the form of a surety bond as required herein, CTI shall renew the surety bond or provide BellSouth with evidence that CTI has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If CTI fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for CTI’s account(s). If the credit rating of any bonding company that has provided CTI with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to CTI that CTI must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If CTI fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for CTI’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized, in its sole discretion, to draw down the full amount of any letter of credit or take action on any surety bond provided by CTI as security hereunder if CTI defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein and apply the cash proceeds to any outstanding balance on CTI’s accounts and utilize any remaining cash proceeds as security for CTI’s account(s).

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Consumers’ Telephone & Telecom shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomConsumers’ Telephone & Telecom’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomConsumers’ Telephone & Telecom’s credit and financial condition, BellSouth reserves the right to require Freedom Consumers’ Telephone & Telecom to provide BellSouth with a suitable form of security deposit for FreedomConsumers’ Telephone & Telecom’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomConsumers’ Telephone & Telecom’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomConsumers’ Telephone & Telecom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomConsumers’ Telephone & Telecom. Any such security deposit shall in no way release Freedom Consumers’ Telephone & Telecom from its obligation to make complete and timely payments of its xxxx(sbill(s). If BellSouth requires Freedom Consumers’ Telephone & Telecom to provide a security deposit, Freedom Consumers’ Telephone & Telecom shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Consumers’ Telephone & Telecom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Consumers’ Telephone & Telecom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Consumers’ Telephone & Telecom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Consumers’ Telephone & Telecom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Consumers’ Telephone & Telecom fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Consumers’ Telephone & Telecom may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior When purchasing services from BellSouth, TriStar will be required to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Based on BellSouth’s analysis the results of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom to provide BellSouth secure the account with a suitable form of security deposit for Freedom’s account(s)deposit. If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional Such security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s its sole discretion, some other form of security proposed by Freedomsecurity. Any such security deposit shall in no way release Freedom TriStar from its obligation to make complete and timely payments of its xxxx(s)xxxx. If BellSouth requires Freedom to provide a Such security deposit, Freedom shall provide such security deposit be required prior to the inauguration of service or within fifteen (15) days service. If, in the sole opinion of BellSouth’s request, as applicablecircumstances so warrant and/or gross monthly billing has increased beyond the level initially used to determine the level of security, BellSouth reserves the right to request additional security in a non discriminatory manner. Deposit Upon request notices of Talk America, BellSouth will review the circumstances upon which BellSouth has based the level of security and, if the circumstances so warrant, BellSouth will reduce the security provided by Talk America and, if the security is in the form of cash then a refund of the difference will be sent credited to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight deliveryTalk America’s next xxxx. Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 the appropriate BellSouth tariff. Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom that a cash security deposit exceeds two months’ estimated billing, BellSouth will lower the cash security deposit such that it no longer exceeds two months’ estimated billing and refund the difference to Talk America by way of a credit to Talk America’s next xxxx. In the event TriStar fails to provide remit to BellSouth with a suitable form of security any deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails requested pursuant to make any payment or payments required under this Agreement in the manner and within the time requiredSection, service to Freedom TriStar may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.6 of this Attachment, and any security deposits will be applied to TriStar's account(s).

Appears in 1 contract

Samples: Clec Agreement

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Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Dialtone & More shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Based on BellSouth’s analysis the results of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom to provide BellSouth secure the account with a suitable form of security deposit for Freedom’s account(s)deposit. If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional Such security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomDialtone & More. Any such security deposit shall in no way release Freedom Dialtone & More from its obligation to make complete and timely payments of its xxxx(s)xxxx. If BellSouth requires Freedom to provide a security deposit, Freedom Dialtone & More shall provide such security deposit pay any applicable deposits prior to the inauguration of service or within fifteen (15) days service. If, in the sole opinion of BellSouth, circumstances so warrant and/or gross monthly billing has increased beyond the level initially used to determine the level of security deposit, BellSouth reserves the right to request additional security and/or file a Uniform Commercial Code (UCC-1) security interest in Dialtone & More’s request, as applicable. Deposit request notices will be sent to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. “accounts receivables and proceeds.” Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 the appropriate BellSouth tariff. Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Dialtone & More fails to provide remit to BellSouth with a suitable form of security any deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails requested pursuant to make any payment or payments required under this Agreement in the manner and within the time requiredSection, service to Freedom Dialtone & More may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.7 of this Attachment, and any security deposits will be applied to Dialtone & More's account(s). In the event Dialtone & More defaults on its account, service to Dialtone & More will be terminated in accordance with the terms of Section 1.7 above, and any security deposits will be applied to Dialtone & More’s account.

Appears in 1 contract

Samples: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Go-Tel shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomGo-Tel’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomGo-Tel’s credit and financial condition, BellSouth reserves the right to require Freedom Go-Tel to provide BellSouth with a suitable form of security deposit for FreedomGo-Tel’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomGo-Tel’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomGo-Tel’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomGo-Tel. Any such security deposit shall in no way release Freedom Go-Tel from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Go-Tel to provide a security deposit, Freedom Go-Tel shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Go-Tel via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Go-Tel has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Go-Tel or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Go-Tel and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Go-Tel fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Go-Tel may be Suspended, Discontinued or Terminated in accordance with the terms of Section 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Go-Tel’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Go-Tel as security under this Agreement, Go-Tel shall renew such letter of credit or provide BellSouth with evidence that Go-Tel has obtained a suitable replacement for the letter of credit. If Go-Tel fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Go-Tel accounts(s). If Go-Tel provides a security deposit or additional security deposit in the form of a surety bond as required herein, Go-Tel shall renew the surety bond or provide BellSouth with evidence that Go-Tel has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Go-Tel fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Go-Tel’s account(s). If the credit rating of any bonding company that has provided Go-Tel with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Go-Tel that Go-Tel must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Go-Tel fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Go-Tel’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by Go-Tel as security hereunder if Go-Tel defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Network PTS shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomNetwork PTS’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomNetwork PTS’s credit and financial condition, BellSouth reserves the right to require Freedom Network PTS to provide BellSouth with a suitable form of security deposit for FreedomNetwork PTS’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomNetwork PTS’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomNetwork PTS’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit credit (BellSouth form), Surety Bond surety bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomNetwork PTS and accepted by BellSouth. Any such security deposit shall in no way release Freedom Network PTS from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Network PTS to provide a security deposit, Freedom Network PTS shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit Security deposit request notices will be sent to Freedom Network PTS via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billingbilling for services pursuant to this Agreement. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Network PTS has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Network PTS or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Network PTS and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Network PTS fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Network PTS may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Network PTS’s final xxxx for its account(s). If no xxxx is rendered to Network PTS, BellSouth shall, nevertheless, apply any security deposit to Network PTS’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Network PTS as security under this Agreement, Network PTS shall renew such letter of credit or provide BellSouth with evidence that Network PTS has obtained a suitable replacement for the letter of credit. If Network PTS fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Network PTS accounts(s). If Network PTS provides a security deposit or additional security deposit in the form of a surety bond as required herein, Network PTS shall renew the surety bond or provide BellSouth with evidence that Network PTS has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Network PTS fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Network PTS’s account(s). If the credit rating of any bonding company that has provided Network PTS with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Network PTS that Network PTS must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Network PTS fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Network PTS’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized, in its sole discretion, to draw down the full amount of any letter of credit or take action on any surety bond provided by Network PTS as security hereunder if Network PTS defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein and apply the cash proceeds to any outstanding balance on Network PTS’s accounts and utilize any remaining cash proceeds as security for Network PTS’s account(s).

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom BasicPhone shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomBasicPhone’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomBasicPhone’s credit and financial condition, BellSouth reserves the right to require Freedom BasicPhone to provide BellSouth with a suitable form of security deposit for FreedomBasicPhone’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomBasicPhone’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomBasicPhone’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomBasicPhone. Any such security deposit shall in no way release Freedom BasicPhone from its obligation to make complete and timely payments of its xxxx(sbill(s). If BellSouth requires Freedom BasicPhone to provide a security deposit, Freedom BasicPhone shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom BasicPhone via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom BasicPhone has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom BasicPhone or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom BasicPhone and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom BasicPhone fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom BasicPhone may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to BasicPhone’s final bill for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by BasicPhone as security under this Agreement, BasicPhone shall renew such letter of credit or provide BellSouth with evidence that BasicPhone has obtained a suitable replacement for the letter of credit. If BasicPhone fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for BasicPhone accounts(s). If BasicPhone provides a security deposit or additional security deposit in the form of a surety bond as required herein, BasicPhone shall renew the surety bond or provide BellSouth with evidence that BasicPhone has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If BasicPhone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for BasicPhone’s account(s). If the credit rating of any bonding company that has provided BasicPhone with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to BasicPhone that BasicPhone must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If BasicPhone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for BasicPhone’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by BasicPhone as security hereunder if BasicPhone defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom CM Tel shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomCM Tel’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomCM Tel’s credit and financial condition, BellSouth reserves the right to require Freedom CM Tel to provide BellSouth with a suitable form of security deposit for FreedomCM Tel’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomCM Tel’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomCM Tel’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomCM Tel. Any such security deposit shall in no way release Freedom CM Tel from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom CM Tel to provide a security deposit, Freedom CM Tel shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom CM Tel via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom CM Tel has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom CM Tel or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom CM Tel and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom CM Tel fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom CM Tel may be Suspended, Discontinued or Terminated in accordance with the terms of Section 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to CM Tel’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by CM Tel as security under this Agreement, CM Tel shall renew such letter of credit or provide BellSouth with evidence that CM Tel has obtained a suitable replacement for the letter of credit. If CM Tel fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for CM Tel accounts(s). If CM Tel provides a security deposit or additional security deposit in the form of a surety bond as required herein, CM Tel shall renew the surety bond or provide BellSouth with evidence that CM Tel has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Dialogica shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomDialogica’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomDialogica’s credit and financial condition, BellSouth reserves the right to require Freedom Dialogica to provide BellSouth with a suitable form of security deposit for FreedomDialogica’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomDialogica’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomDialogica’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomDialogica. Any such security deposit shall in no way release Freedom Dialogica from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Dialogica to provide a security deposit, Freedom Dialogica shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Dialogica via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Dialogica has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Dialogica or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Dialogica and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Dialogica fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Dialogica may be Suspended, Discontinued or Terminated in accordance with the terms of Section

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Title Pawn shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomTitle Pawn’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomTitle Pawn’s credit and financial condition, BellSouth reserves the right to require Freedom Title Pawn to provide BellSouth with a suitable form of security deposit for FreedomTitle Pawn’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomTitle Pawn’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomTitle Pawn’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomTitle Pawn. Any such security deposit shall in no way release Freedom Title Pawn from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Title Pawn to provide a security deposit, Freedom Title Pawn shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Title Pawn via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Title Pawn has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Title Pawn or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Title Pawn and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Title Pawn fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Title Pawn may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Title Pawn’s final xxxx for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Title Pawn as security under this Agreement, Title Pawn shall renew such letter of credit or provide BellSouth with evidence that Title Pawn has obtained a suitable replacement for the letter of credit. If Title Pawn fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Title Pawn accounts(s). If Title Pawn provides a security deposit or additional security deposit in the form of a surety bond as required herein, Title Pawn shall renew the surety bond or provide BellSouth with evidence that Title Pawn has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Title Pawn fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Title Pawn’s account(s). If the credit rating of any bonding company that has provided Title Pawn with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Title Pawn that Title Pawn must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Title Pawn fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Title Pawn’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by Title Pawn as security hereunder if Title Pawn defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Southern Telecommunications shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomSouthern Telecommunications’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomSouthern Telecommunications’s credit and financial condition, BellSouth reserves the right to require Freedom Southern Telecommunications to provide BellSouth with a suitable form of security deposit for FreedomSouthern Telecommunications’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomSouthern Telecommunications’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomSouthern Telecommunications’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit credit (BellSouth form), Surety Bond surety bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomSouthern Telecommunications and accepted by BellSouth. Any such security deposit shall in no way release Freedom Southern Telecommunications from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Southern Telecommunications to provide a security deposit, Freedom Southern Telecommunications shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit Security deposit request notices will be sent to Freedom Southern Telecommunications via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billingbilling for services pursuant to this Agreement. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Southern Telecommunications has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Southern Telecommunications or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Southern Telecommunications and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Southern Telecommunications fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Southern Telecommunications may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Southern Telecommunications’s final xxxx for its account(s). If no xxxx is rendered to Southern Telecommunications, BellSouth shall, nevertheless, apply any security deposit to Southern Telecommunications’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Southern Telecommunications as security under this Agreement, Southern Telecommunications shall renew such letter of credit or provide BellSouth with evidence that Southern Telecommunications has obtained a suitable replacement for the letter of credit. If Southern Telecommunications fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Southern Telecommunications accounts(s). If Southern Telecommunications provides a security deposit or additional security deposit in the form of a surety bond as required herein, Southern Telecommunications shall renew the surety bond or provide BellSouth with evidence that Southern Telecommunications has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Southern Telecommunications fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Southern Telecommunications’s account(s). If the credit rating of any bonding company that has provided Southern Telecommunications with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Southern Telecommunications that Southern Telecommunications must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Southern Telecommunications fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Southern Telecommunications’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized, in its sole discretion, to draw down the full amount of any letter of credit or take action on any surety bond provided by Southern Telecommunications as security hereunder if Southern Telecommunications defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein and apply the cash proceeds to any outstanding balance on Southern Telecommunications’s accounts and utilize any remaining cash proceeds as security for Southern Telecommunications’s account(s).

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Rent-A-Line shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomRent-A-Line’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomRent-A-Line’s credit and financial condition, BellSouth reserves the right to require Freedom Rent-A-Line to provide BellSouth with a suitable form of security deposit for FreedomRent-A-Line’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomRent-A-Line’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomRent-A-Line’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit credit (BellSouth form), Surety Bond surety bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomRent-A-Line and accepted by BellSouth. Any such security deposit shall in no way release Freedom Rent-A-Line from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Rent-A- Line to provide a security deposit, Freedom Rent-A-Line shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit Security deposit request notices will be sent to Freedom Rent-A-Line via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billingbilling for services pursuant to this Agreement. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Rent-A-Line has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Rent-A-Line or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Rent-A-Line and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Rent-A-Line fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Rent-A-Line may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Rent-A-Line’s final xxxx for its account(s). If no xxxx is rendered to Rent-A-Line, BellSouth shall, nevertheless, apply any security deposit to Rent- A-Line’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Rent-A-Line as security under this Agreement, Rent-A-Line shall renew such letter of credit or provide BellSouth with evidence that Rent-A-Line has obtained a suitable replacement for the letter of credit. If Rent-A-Line fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Rent-A-Line accounts(s). If Rent-A-Line provides a security deposit or additional security deposit in the form of a surety bond as required herein, Rent- A-Line shall renew the surety bond or provide BellSouth with evidence that Rent- A-Line has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Rent-A-Line fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Rent-A-Line’s account(s). If the credit rating of any bonding company that has provided Rent-A-Line with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Rent-A-Line that Rent-A-Line must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Rent-A-Line fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Rent-A-Line’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized, in its sole discretion, to draw down the full amount of any letter of credit or take action on any surety bond provided by Rent-A-Line as security hereunder if Rent-A-Line defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein and apply the cash proceeds to any outstanding balance on Rent-A-Line’s accounts and utilize any remaining cash proceeds as security for Rent-A-Line’s account(s).

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouthAT&T’s request, Freedom Talk for Less shall complete the BellSouth AT&T Credit Profile (BellSouth AT&T form) and provide information to BellSouth AT&T regarding FreedomTalk for Less’s credit and financial condition. Based on BellSouthAT&T’s analysis of the BellSouth AT&T Credit Profile and other relevant information regarding FreedomTalk for Less’s credit and financial condition, BellSouth AT&T reserves the right to require Freedom Talk for Less to provide BellSouth AT&T with a suitable form of security deposit for FreedomTalk for Less’s account(s). If, in BellSouthAT&T’s sole discretion, circumstances so warrant and/or FreedomTalk for Less’s gross monthly billing has increased, BellSouth AT&T reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomTalk for Less’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit credit (BellSouth AT&T form), Surety Bond surety bond (BellSouth AT&T form) or, in BellSouthAT&T’s sole discretion, some other form of security proposed by Freedom. Talk for Less and accepted by AT&T. Any such security deposit shall in no way release Freedom Talk for Less from its obligation to make complete and timely payments of its xxxx(s). If BellSouth AT&T requires Freedom Talk for Less to provide a security deposit, Freedom Talk for Less shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouthAT&T’s request, as applicable. Deposit Security deposit request notices will be sent to Freedom Talk for Less via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouthAT&T’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billingbilling for services pursuant to this Agreement. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Talk for Less has received service from BellSouth AT&T during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Talk for Less or BellSouth AT&T has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Talk for Less and BellSouth AT&T shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Talk for Less fails to provide BellSouth AT&T with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Talk for Less may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, AT&T shall apply any security deposit to Talk for Less’s final xxxx for its account(s). If no xxxx is rendered to Talk for Less, AT&T shall, nevertheless, apply any security deposit to Talk for Less’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Talk for Less as security under this Agreement, Talk for Less shall renew such letter of credit or provide AT&T with evidence that Talk for Less has obtained a suitable replacement for the letter of credit. If Talk for Less fails to comply with the foregoing, AT&T shall thereafter be authorized, in its sole discretion, to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Talk for Less accounts(s). If Talk for Less provides a security deposit or additional security deposit in the form of a surety bond as required herein, Talk for Less shall renew the surety bond or provide AT&T with evidence that Talk for Less has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Talk for Less fails to comply with the foregoing, AT&T shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Talk for Less’s account(s). If the credit rating of any bonding company that has provided Talk for Less with a surety bond provided as security hereunder has fallen below B, AT&T will provide written notice to Talk for Less that Talk for Less must provide a replacement bond or other suitable security within fifteen (15) days of AT&T’s written notice. If Talk for Less fails to comply with the foregoing, AT&T shall thereafter be authorized, in its sole discretion, to take action on the surety bond and utilize the cash proceeds as security for Talk for Less’s account(s). Notwithstanding anything contained in this Agreement to the contrary, AT&T shall be authorized, in its sole discretion, to draw down the full amount of any letter of credit or take action on any surety bond provided by Talk for Less as security hereunder if Talk for Less defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein and apply the cash proceeds to any outstanding balance on Talk for Less’s accounts and utilize any remaining cash proceeds as security for Talk for Less’s account(s).

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Iris Networks shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomIris Networks’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomIris Networks’s credit and financial condition, BellSouth reserves the right to require Freedom Iris Networks to provide BellSouth with a suitable form of security deposit for FreedomIris Networks’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomIris Networks’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomIris Networks’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomIris Networks. Any such security deposit shall in no way release Freedom Iris Networks from its obligation to make complete and timely payments of its xxxx(sbill(s). If BellSouth requires Freedom Iris Networks to provide a security deposit, Freedom Iris Networks shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Iris Networks via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Xxxx Networks has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Iris Networks or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Iris Networks and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Iris Networks fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Iris Networks may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Iris Networks’s final bill for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Iris Networks as security under this Agreement, Iris Networks shall renew such letter of credit or provide BellSouth with evidence that Iris Networks has obtained a suitable replacement for the letter of credit. If Iris Networks fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Iris Networks accounts(s). If Iris Networks provides a security deposit or additional security deposit in the form of a surety bond as required herein, Iris Networks shall renew the surety bond or provide BellSouth with evidence that Iris Networks has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Iris Networks fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Iris Networks’s account(s). If the credit rating of any bonding company that has provided Iris Networks with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Iris Networks that Iris Networks must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Iris Networks fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Iris Networks’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by Iris Networks as security hereunder if Iris Networks defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Interconnection Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Express Phone shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomExpress Phone’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomExpress Phone’s credit and financial condition, BellSouth reserves the right to require Freedom Express Phone to provide BellSouth with a suitable form of security deposit for FreedomExpress Phone’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomExpress Phone’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomExpress Phone’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomExpress Phone. Any such security deposit shall in no way release Freedom Express Phone from its obligation to make complete and timely payments of its xxxx(sbill(s). If BellSouth requires Freedom Express Phone to provide a security deposit, Freedom Express Phone shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Express Phone via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Express Phone has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Express Phone or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Express Phone and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Express Phone fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Express Phone may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Express Phone’s final bill for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Express Phone as security under this Agreement, Express Phone shall renew such letter of credit or provide BellSouth with evidence that Express Phone has obtained a suitable replacement for the letter of credit. If Express Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Express Phone accounts(s). If Express Phone provides a security deposit or additional security deposit in the form of a surety bond as required herein, Express Phone shall renew the surety bond or provide BellSouth with evidence that Express Phone has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Express Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Express Phone’s account(s). If the credit rating of any bonding company that has provided Express Phone with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Express Phone that Express Phone must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Express Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Express Phone’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by Express Phone as security hereunder if Express Phone defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Easy Telephone shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial conditionworthiness. Based on BellSouth’s analysis the results of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial conditionanalysis, BellSouth reserves the right to require Freedom to provide BellSouth secure the account with a suitable form of security deposit for Freedom’s account(s)deposit. If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional Such security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by Freedomsecurity. Any such security deposit shall in no way release Freedom Easy Telephone from its obligation to make complete and timely payments of its xxxx(s)xxxx. If BellSouth requires Freedom to provide a security deposit, Freedom Easy Telephone shall provide such security deposit pay any applicable deposits prior to the inauguration of service or within fifteen (15) days service. If, in the sole opinion of BellSouth’s request, as applicable. Deposit circumstances so warrant and/or gross monthly billing has increased beyond the level initially used to determine the level of security deposit, BellSouth reserves the right to request notices will be sent to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. additional security and/or file a Uniform Commercial Code (UCC- 1) security interest in Easy Telephone‘s “accounts receivables and proceeds.” Interest on a cash security deposit deposit, if provided in cash, shall accrue and be applied or refunded paid in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 the appropriate BellSouth tariff. Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Easy Telephone fails to provide remit to BellSouth with a suitable form of security any deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails requested pursuant to make any payment or payments required under this Agreement in the manner and within the time requiredSection, service to Freedom Easy Telephone may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.7 of this Attachment, and any security deposits will be applied to Easy Telephone‘s account(s). 1.8.1 The fact that a security deposit has been made in no way relieves Easy Telephone from complying with BellSouth's regulations as to advance payments. Any such security deposit shall in no way release Easy Telephone from its obligation to make complete and timely payments of its bills.

Appears in 1 contract

Samples: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Affordable Phone shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomAffordable Phone’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomAffordable Phone’s credit and financial condition, BellSouth reserves the right to require Freedom Affordable Phone to provide BellSouth with a suitable form of security deposit for FreedomAffordable Phone’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomAffordable Phone’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomAffordable Phone’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomAffordable Phone. Any such security deposit shall in no way release Freedom Affordable Phone from its obligation to make complete and timely payments of its xxxx(sbill(s). If BellSouth requires Freedom Affordable Phone to provide a security deposit, Freedom Affordable Phone shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom Affordable Phone via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Affordable Phone has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Affordable Phone or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Affordable Phone and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Affordable Phone fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Affordable Phone may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Affordable Phone’s final bill for its account(s). 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Affordable Phone as security under this Agreement, Affordable Phone shall renew such letter of credit or provide BellSouth with evidence that Affordable Phone has obtained a suitable replacement for the letter of credit. If Affordable Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Affordable Phone accounts(s). If Affordable Phone provides a security deposit or additional security deposit in the form of a surety bond as required herein, Affordable Phone shall renew the surety bond or provide BellSouth with evidence that Affordable Phone has obtained a suitable replacement for the surety bond at least seven (7) days prior to the cancellation date of the surety bond. If Affordable Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Affordable Phone’s account(s). If the credit rating of any bonding company that has provided Affordable Phone with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to Affordable Phone that Affordable Phone must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If Affordable Phone fails to comply with the foregoing, BellSouth shall thereafter be authorized to take action on the surety bond and utilize the cash proceeds as security for Affordable Phone’s account(s). Notwithstanding anything contained in this Agreement to the contrary, BellSouth shall be authorized to draw down the full amount of any letter of credit or take action on any surety bond provided by Affordable Phone as security hereunder if Affordable Phone defaults on its account(s) or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time, as required herein.

Appears in 1 contract

Samples: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Airespring shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomAirespring’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomAirespring’s credit and financial condition, BellSouth reserves the right to require Freedom Airespring to provide BellSouth with a suitable form of security deposit for FreedomAirespring’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomAirespring’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in FreedomAirespring’s “accounts receivables and proceeds”. 1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter irrevocable letter of Credit credit (BellSouth form), Surety Bond surety bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by FreedomAirespring and accepted by BellSouth. Any such security deposit shall in no way release Freedom Airespring from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom Airespring to provide a security deposit, Freedom Airespring shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit Security deposit request notices will be sent to Freedom Airespring via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST). 1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billingbilling for services pursuant to this Agreement. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom Airespring has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom Airespring or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom Airespring and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information. 1.3.3 In the event Freedom Airespring fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom Airespring may be Suspended, Discontinued or Terminated in accordance with the terms of SectionSection 1.5 below. Upon Termination of services, BellSouth shall apply any security deposit to Airespring’s final xxxx for its account(s). If no xxxx is rendered to Airespring, BellSouth shall, nevertheless, apply any security deposit to Airespring’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by Airespring as security under this Agreement, Airespring shall renew such letter of credit or provide BellSouth with evidence that Airespring has obtained a suitable replacement for the letter of credit. If Airespring fails to comply with the foregoing, BellSouth shall thereafter be authorized, in its sole discretion, to draw down the full amount of such letter of credit and utilize the cash proceeds as security for Airespring accounts(s). If Airespring provides a security deposit or additional security deposit in the form of a surety bond as required herein, Airespring shall renew the surety bond or provide BellSouth with evidence that Airespring has obtained a suitable replacement for the surety bond at least seven

Appears in 1 contract

Samples: Resale Agreement

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