Effect of Tariffing Sample Clauses

Effect of Tariffing. If, at any time during the Term, MCI tariffs any of the MCI Enhanced Services provided pursuant to the Master Agreement and this Schedule (each a "Newly Tariffed Service"), Customer agrees to promptly execute appropriate additional agreements and amendments to the Master Agreement and its corresponding Schedules and Attachments the effect of which shall be to eliminate the Newly Tariffed Service from the MCI Enhanced Services portion of the Master Agreement and to incorporate such Newly Tariffed Service into that portion of the Master Agreement (or a separate agreement) which governs MCI Tariffed Services. Such MCI Tariffed Services agreement shall contain the same rates, charges, discounts, term commitment, and volume commitment for the Newly Tariffed Service as set forth in that portion of this Schedule which governs MCI Enhanced Services. Customer acknowledges and agrees that MCI shall have no obligation to include any equipment provided under the Master Agreement and this Schedule or any charges payable for such equipment in any such agreement for tariffed services. In the event that a Newly Tariffed Service is eliminated from this Schedule, the ESA and SCA MVRs will be adjusted accordingly.
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Effect of Tariffing. If, at any time during the Term, MCI WorldCom tariffs any of the non-Tariffed Services provided to Customer under this Agreement (each a “Newly Tariffed Service”), Customer agrees that the Tariff shall govern with respect to the Newly Tariffed Service and to incorporate such Newly Tariffed Service into the appropriate Service Schedule. Such Service Schedule shall contain the same rates, charges, discounts, term commitment, and volume commitment for the Newly Tariffed Service as set forth herein.
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Effect of Tariffing. If at any time during the Term Qwest tariffs the service hereunder ("Newly Tariffed Service"), Customer and Qwest agree to promptly execute appropriate additional agreements and amendments to the Agreement the effect of which shall be to eliminate the Newly Tariffed Service from this Agreement and to incorporate such Newly Tariffed Service into an agreement for Qwest tariffed services. Customer acknowledges and agrees that Qwest shall have no obligation to include any equipment provided under this Agreement or any charges payable for such equipment in any such agreement for tariffed services.
Sample 1
Effect of Tariffing. If at any time during the Ramp Period or the Term MCI tariffs any of the MCI Enhanced Services provided pursuant to this Agreement (each a "Newly Tariffed Service"), Customer agrees to promptly, upon written notice from MCI, execute appropriate additional agreements and amendments to this Agreement the effect of which shall be to eliminate the Newly Tariffed Service from this Agreement and to incorporate such Newly Tariffed Service into an agreement for MCI tariffed services, including adjustment to the minimum volume commitments in this Agreement and in the agreement for MCI tariffed services. Such MCI tariffed services agreement shall contain the same rates, charges, discounts, term commitment, and volume commitment for the Newly Tariffed Service as set forth in this Agreement. Customer acknowledges and agrees that MCI shall have no obligation to include any equipment provided under this Agreement or any charges payable for such equipment in any such agreement for tariffed services. In the event that a Newly Tariffed Service is eliminated from this Agreement, the MVR will be adjusted accordingly.
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Related to Effect of Tariffing

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

  • Continuing Effect of Agreement Any provision of this Agreement which is capable of being performed after Completion but which has not been performed at or before Completion shall remain in full force and effect notwithstanding Completion.

  • Effect of Application To the extent that any provision of any Application related to any Letter of Credit is inconsistent with the provisions of this Article III, the provisions of this Article III shall apply.

  • Effect of Plan The Award Shares shall constitute Restricted Stock and this grant shall constitute an Award, each as defined in the Company’s Amended and Restated 2014 Flexible Incentive Plan (the “Plan”). This Agreement is expressly subject to the terms and provisions of the Plan and in the event there is a conflict between the terms of the Plan and this Agreement, the terms of the Plan shall control. All undefined capitalized terms used herein shall have the meanings assigned in the Plan. The Award is subject to all laws, approvals, requirements and regulations of any governmental authority which may be applicable thereto.

  • Governing Law Miscellaneous a. Governing Law. THIS AGREEMENT SHALL BE ENFORCED, GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS. THE PARTIES HERETO HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATES FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT, THE AGREEMENTS ENTERED INTO IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. BOTH PARTIES IRREVOCABLY WAIVE THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH SUIT OR PROCEEDING. BOTH PARTIES FURTHER AGREE THAT SERVICE OF PROCESS UPON A PARTY MAILED BY FIRST CLASS MAIL SHALL BE DEEMED IN EVERY RESPECT EFFECTIVE SERVICE OF PROCESS UPON THE PARTY IN ANY SUCH SUIT OR PROCEEDING. NOTHING HEREIN SHALL AFFECT EITHER PARTY'S RIGHT TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW. BOTH PARTIES AGREE THAT A FINAL NON-APPEALABLE JUDGMENT IN ANY SUCH SUIT OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON SUCH JUDGMENT OR IN ANY OTHER LAWFUL MANNER. THE PARTY WHICH DOES NOT PREVAIL IN ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE RESPONSIBLE FOR ALL FEES AND EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED BY THE PREVAILING PARTY IN CONNECTION WITH SUCH DISPUTE.

  • Authorization and Effect of Agreement Sellers have all requisite power and authority to execute and deliver this Agreement and all of the other agreements, certificates and other documents delivered or to be delivered on or after the date hereof and at or prior to the Closing in connection with the transactions contemplated hereby (the "Ancillary Documents") to which each is or will be a party, and to consummate the transactions contemplated hereby and thereby. The execution and delivery by Sellers of this Agreement and the Ancillary Documents to which each is or will be a party and the consummation by Sellers of the transactions contemplated hereby and thereby to be consummated by the Sellers have been duly authorized by all necessary corporate action on the part of Sellers, including, without limitation, all requisite approval by the stockholders of the Sellers pursuant to the Articles of Incorporation or By-Laws or other organizational documents of Sellers or otherwise. This Agreement and the Ancillary Documents to which each Seller is or will be a party have been or will be, as the case may be, duly executed and delivered by each Seller and constitute or will constitute, as the case may be, valid and binding obligations of Sellers, enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency or other similar Laws of general application affecting the enforcement of creditors' rights or by general principles of equity limiting the availability of equitable remedies (whether applied in a proceeding at law or equity).

  • EFFECT OF WAIVERS No failure by Lessor to insist upon the strict performance of any covenant, agreement, term or condition of this Lease, or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No consent, or waiver, express or implied, by Lessor to or of any breach of any covenant, condition or duty of Lessee shall be construed as a consent or waiver to or of any other breach of the same or any other covenant, condition or duty, unless in writing signed by Lessor.

  • Effect of Addendum All references in the Master Lease to “this Lease” shall be deemed to be references to the Master Lease as amended hereby.

  • Effect of Notice Any notice given by the indemnifying Party to an Indemnified Party referred to in Sections 12.1(c) or 12.2(d) above of participation in or control of any action by the indemnifying Party will in no event be deemed to be an admission by the indemnifying Party of liability, culpability or responsibility, and the indemnifying Party will remain free to contest liability with respect to the claim among the Parties or otherwise.

  • Litigation and Compliance with Law Except as set forth in Schedule 5.17, there are no claims, actions, suits or proceedings, pending or, to the knowledge of the Companies and the Stockholders, threatened against or affecting any Company, at law or in equity, or before or by any Governmental Authority having jurisdiction over such Company. No written notice of any claim, action, suit or proceeding, whether pending or threatened, has been received by any Company and, to the Stockholders' and the Companies' knowledge, there is no basis therefor. Except to the extent set forth in Schedule 5.17, each Company has conducted and is conducting its business in compliance with all Laws applicable to such Company, its assets or the operation of its business.

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