Disconnection. Qwest may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 18 contracts
Samples: Qwest Local Services Platform™ Agreement, Qwest Local Services Platform™ Agreement, Qwest Local Services Platform™ Agreement
Disconnection. Qwest CenturyLink may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest CenturyLink has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest CenturyLink does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude QwestCenturyLink's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest CenturyLink may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest CenturyLink reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest CenturyLink will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 10 contracts
Samples: Local Services Platform, Local Services Platform, Local Services Platform
Disconnection. Qwest may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3paragraph. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payabledue. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 section in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 7 contracts
Samples: Qwest Local Services Platform™ Agreement, Qwest Local Services Platform™ Agreement, Qwest Local Services Platform™ Agreement
Disconnection. Qwest may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s CLEC‟s reasonable diligence in effecting such compliance.compliance.
Appears in 7 contracts
Samples: Qwest Local Services Platform™ Agreement, Qwest Local Services Platform™ Agreement, Qwest Local Services Platform™ Agreement
Disconnection. Qwest may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s CLEC‟s reasonable diligence in effecting such compliance.
Appears in 4 contracts
Samples: Qwest Local Services Platform™ Agreement, Qwest Local Services Platform™ Agreement, Qwest Local Services Platform™ Agreement
Disconnection. Qwest may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty thirty (6030) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3paragraph. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payabledue. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 section in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 3 contracts
Samples: Whereas, Qwest Local Services Platform™ Agreement, Whereas
Disconnection. Qwest CenturyLink may disconnect any Services provided under this Agreement for any material breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest CenturyLink has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest CenturyLink does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude QwestCenturyLink's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest CenturyLink may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest CenturyLink reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest CenturyLink will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 2 contracts
Disconnection. Qwest may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty thirty (6030) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3paragraph. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payabledue. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 section in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 1 contract
Samples: Whereas
Disconnection. Qwest may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting ServicesServices and CLEC fails to cure said breach within such ten (10) day time period. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 1 contract
Disconnection. Qwest may disconnect any Services provided under this Agreement for any a material breach by CLEC of this Agreement that is not cured by CLEC the non- disparagement obligations in accordance with Section 11 herein, including without limitation, 10 or failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. ; In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 1 contract
Disconnection. Qwest CenturyLink may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest CenturyLink has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest CenturyLink does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude QwestCenturyLink's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest CenturyLink may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest CenturyLink reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest CenturyLink will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.compliance.
Appears in 1 contract
Samples: Local Services
Disconnection. Qwest may disconnect any Services provided under this Agreement for any material breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s reasonable diligence in effecting such compliance.
Appears in 1 contract
Disconnection. Qwest may disconnect any Services provided under this Agreement for any material breach by CLEC of this Agreement that is not cured by CLEC in accordance with Section 11 herein, including without limitation, failure by CLEC to make full payment for such Services, less any good faith disputed amount as provided for in this Agreement, within sixty (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in writing at least ten (10) business days prior to disconnecting Services. CLEC will pay the applicable charge set forth in the Rate Sheet required to reconnect Services for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwest's right to disconnect any or all Services. For reconnection of the Service to occur, CLEC will be required to make full payment of all past and current undisputed charges under this Agreement for Services and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest each Party reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwithstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law concerning End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC’s CLEC‟s reasonable diligence in effecting such compliance.
Appears in 1 contract