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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Resale Agreement, Resale Agreement, Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Vertex shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomVertex’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomVertex’s credit and financial condition, BellSouth reserves the right to require Freedom Vertex to provide BellSouth with a suitable form of security deposit for FreedomVertex’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomVertex’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 FreedomVertex’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 FreedomVertex. Any such security deposit shall in no way release Freedom Vertex from its obligation to make complete and timely payments of its ▇▇▇▇(s). If BellSouth requires Freedom Vertex to provide a security deposit, Freedom Vertex 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 Vertex 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, if Freedom Vertex 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 Vertex 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 Vertex and BellSouth shall agree on a level of estimated ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 In the event Freedom Vertex 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 Vertex may be Suspended, Discontinued or Terminated in accordance with the terms of Section

Appears in 2 contracts

Sources: 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 ▇▇▇▇(s). 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Clec Agreement, Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Esodus shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding FreedomEsodus’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding FreedomEsodus’s credit and financial condition, BellSouth reserves the right to require Freedom Esodus to provide BellSouth with a suitable form of security deposit for FreedomEsodus’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or FreedomEsodus’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 FreedomEsodus’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 FreedomEsodus. Any such security deposit shall in no way release Freedom Esodus from its obligation to make complete and timely payments of its ▇▇▇▇(s). If BellSouth requires Freedom Esodus to provide a security deposit, Freedom Esodus 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 Esodus 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 2 contracts

Sources: Clec Agreement, Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom State Discount Telephone LLC 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 State Discount Telephone LLC from its obligation to make complete and timely payments of its ▇▇▇▇(s). If BellSouth requires Freedom to provide a security deposit, Freedom State Discount Telephone LLC 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 State Discount Telephone LLC’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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 In the event Freedom State Discount Telephone LLC 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 State Discount Telephone LLC 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 State Discount Telephone LLC's account(s). 1.7.1 The fact that a security deposit has been made in no way relieves State Discount Telephone LLC from complying with BellSouth's regulations as to advance payments. Any such security deposit shall in no way release State Discount Telephone LLC from its obligation to make complete and timely payments of its bills.

Appears in 2 contracts

Sources: Clec Agreement, 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ 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

Sources: Clec 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 ▇▇▇▇(s). 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Clec 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Express Connection 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 Express Connection from its obligation to make complete and timely payments of its ▇▇▇▇(s). If BellSouth requires Freedom to provide a security deposit, Freedom Express Connection 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 Express Connection’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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 In the event Freedom Express Connection 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 Express Connection may be Suspended, Discontinued or Terminated Version R3Q01: 12/01/01 terminated in accordance with the terms of SectionSection 1.6 of this Attachment, and any security deposits will be applied to Express Connection's account(s). 1.7.1 The fact that a security deposit has been made in no way relieves Express Connection from complying with BellSouth's regulations as to advance payments. Any such security deposit shall in no way release Express Connection from its obligation to make complete and timely payments of its bills.

Appears in 1 contract

Sources: Clec 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Resale 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 ▇▇▇▇(s). 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Clec Agreement

Deposit Policy. Prior to the inauguration of service orQuantum Phone 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 Quantum Phone Communications, Inc. from its obligation to make complete and timely payments of its ▇▇▇▇(s)bill. If BellSouth requires Freedom to provide a security depositQuantum Phone Communications, Freedom Inc. shall provide such security deposit pay any applicable deposits prior to the inauguration of service or within fifteen service. If, in the sole opinion of Version R3Q01: 12/01/01 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 (15UCC-1) days of BellSouthsecurity interest in Quantum Phone 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.” 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 In the event Freedom Quantum Phone 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 Quantum Phone 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 Quantum Phone Communications, Inc.'s account(s). 1.7.1 The fact that a security deposit has been made in no way relieves Quantum Phone Communications, Inc. from complying with BellSouth's regulations as to advance payments. Any such security deposit shall in no way release Quantum Phone Communications, Inc. from its obligation to make complete and timely payments of its bills.

Appears in 1 contract

Sources: Clec 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 ▇▇▇▇(s). 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 ▇▇▇▇. 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 In the event 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 In the event Freedom 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ for its account(s). If no ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ for its account(s). If no ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Resale 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ 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

Sources: Resale 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 ▇▇▇▇▇▇▇'s credit and financial conditionworthiness. Based on BellSouth’s analysis ▇▇▇▇▇▇▇'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 ▇▇▇▇▇▇▇'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 ▇▇▇▇(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' estimated billing. Estimated ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ based on to Carrier. The two (2) months estimated ▇▇▇▇▇▇▇▇ will be calculated upon all relevant information. 1.3.3 services ordered from BellSouth, both out of any tariff, and 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 ▇▇▇▇▇▇▇'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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Resale 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ for its account(s). If no ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ for its account(s). If no ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ for its account(s). If no ▇▇▇▇ 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

Sources: Resale 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 ▇▇▇▇(s). 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom ▇▇▇▇▇▇▇▇ Communications shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom▇▇▇▇▇▇▇▇ Communications’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding Freedom▇▇▇▇▇▇▇▇ Communications’s credit and financial condition, BellSouth reserves the right to require Freedom ▇▇▇▇▇▇▇▇ Communications to provide BellSouth with a suitable form of security deposit for Freedom▇▇▇▇▇▇▇▇ Communications’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom▇▇▇▇▇▇▇▇ 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 Freedom▇▇▇▇▇▇▇▇ 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 Freedom▇▇▇▇▇▇▇▇ Communications and accepted by BellSouth. Any such security deposit shall in no way release Freedom ▇▇▇▇▇▇▇▇ Communications from its obligation to make complete and timely payments of its ▇▇▇▇(s). If BellSouth requires Freedom ▇▇▇▇▇▇▇▇ Communications to provide a security deposit, Freedom ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, if Freedom ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ Communications and BellSouth shall agree on a level of estimated ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 In the event Freedom ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ Communications’s final ▇▇▇▇ for its account(s). If no ▇▇▇▇ is rendered to ▇▇▇▇▇▇▇▇ Communications, BellSouth shall, nevertheless, apply any security deposit to ▇▇▇▇▇▇▇▇ Communications’s outstanding balance. 1.3.3.1 At least seven (7) days prior to the expiration of any letter of credit provided by ▇▇▇▇▇▇▇▇ Communications as security under this Agreement, ▇▇▇▇▇▇▇▇ Communications shall renew such letter of credit or provide BellSouth with evidence that ▇▇▇▇▇▇▇▇ Communications has obtained a suitable replacement for the letter of credit. If ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ Communications accounts(s). If ▇▇▇▇▇▇▇▇ Communications provides a security deposit or additional security deposit in the form of a surety bond as required herein, ▇▇▇▇▇▇▇▇ Communications shall renew the surety bond or provide BellSouth with evidence that ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ Communications’s account(s). If the credit rating of any bonding company that has provided ▇▇▇▇▇▇▇▇ Communications with a surety bond provided as security hereunder has fallen below B, BellSouth will provide written notice to ▇▇▇▇▇▇▇▇ Communications that ▇▇▇▇▇▇▇▇ Communications must provide a replacement bond or other suitable security within fifteen (15) days of BellSouth’s written notice. If ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ Communications as security hereunder if ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ Communications’s accounts and utilize any remaining cash proceeds as security for ▇▇▇▇▇▇▇▇ Communications’s account(s).

Appears in 1 contract

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Services 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated be based upon the monthly average of the previous six three (63) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇. 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 ▇▇▇▇▇▇▇▇ based on all available relevant information. In no case shall the security deposit requested exceed two (2) months ▇▇▇▇▇▇▇▇, 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 ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ICS Attorney Suite 4300 ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Executive Director Corporate and Regulatory Affairs ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇ 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

Sources: Clec 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: Resale 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ 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

Sources: 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇ 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

Sources: Resale Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom Synopsis Communications 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 Synopsis Communications Inc. from its obligation to make complete and timely payments of its ▇▇▇▇(s)bill. If BellSouth requires Freedom to provide a security deposit, Freedom Synopsis Communications 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’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 ▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, if Freedom circumstances so warrant and/or gross monthly billing has received service from BellSouth during such period at a increased beyond the 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 request additional security and/or file a Uniform Commercial Code (UCC-1) security interest in Synopsis Communications Inc.’s “accounts receivables and proceeds.” Interest on a security deposit, if provided in cash, shall accrue and be received during paid in accordance with the next six (6) months will be materially higher or lower than received terms in the previous six (6) appropriate BellSouth tariff. Security deposits collected under this Section shall not exceed two months, Freedom and BellSouth shall agree on a level of ' estimated ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 billing. In the event Freedom Synopsis 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 Synopsis Communications Inc. may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 1.6 of this Attachment, and Version R4Q02: 02/26/02 any security deposits will be applied to Synopsis Communications Inc.'s account(s). 1.7.1 The fact that a security deposit has been made in no way relieves Synopsis Communications Inc. from complying with BellSouth's regulations as to advance payments. Any such security deposit shall in no way release Synopsis Communications Inc. from its obligation to make complete and timely payments of its bills.

Appears in 1 contract

Sources: Clec Agreement

Deposit Policy. Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom BSE 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 BSE from its obligation to make complete and timely payments of its ▇▇▇▇(s). If BellSouth requires Freedom to provide a security deposit, Freedom BSE 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 BSE’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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 In the event Freedom BSE 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 BSE may be Suspended, Discontinued or Terminated terminated in accordance with the terms of SectionSection 8 of this Attachment, and any security deposits will be applied to BSE's account(s). In the event that BSE defaults on its account, service to BSE will be terminated and any security deposits will be applied to BSE’s account(s). 6.6.1 The fact that a security deposit has been made in no way relieves BSE from complying with BellSouth's regulations as to advance payments. Any such security deposit shall in no way release BSE from its obligation to make complete and timely payments of its bills. 3. The Parties mutually agree to add to Attachment 1, Resale, Section 4.5 following, incorporated here in by this reference:

Appears in 1 contract

Sources: Resale 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 ▇▇▇▇(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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ 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

Sources: 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 ▇▇▇▇(s). 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 ▇▇▇▇. 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 In the event 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 ▇▇▇▇▇▇▇▇ are calculated based upon the monthly average of the previous six (6) months current ▇▇▇▇▇▇▇▇, 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 ▇▇▇▇▇▇▇▇ based on all relevant information. 1.3.3 In the event Freedom 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

Sources: Clec Agreement