Common use of Good Faith Performance Clause in Contracts

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 30 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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Good Faith Performance. 42.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, Agreement (including, including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will not be unreasonably delayed, withheld or conditioned.

Appears in 30 contracts

Samples: Interconnection Agreement, Telecommunications, Bellsouth® / Clec Agreement

Good Faith Performance. 42.1 36.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 18 contracts

Samples: MFN Agreement, Interconnection Agreement, MFN Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be conditional, unreasonably delayed, withheld or conditioned.delayed,

Appears in 14 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in accordance with the good faith and consistently with the intent requirements of the Act. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 13 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection, Resale and Unbundling Agreement

Good Faith Performance. 42.1 1.36.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 9 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 9 contracts

Samples: Telecommunications, Telecommunications, Telecommunications

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, approval consent, approval, or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be conditional, unreasonably withheld, or delayed, withheld or conditioned.

Appears in 6 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. 42.1 4.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 6 contracts

Samples: Telecommunications, Clec Agreement, Telecommunications

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, Agreement (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 6 contracts

Samples: Telecommunications, Service Agreement, General Terms and Conditions (Callwave Inc)

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall cooperate fully and act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, Agreement (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 5 contracts

Samples: General Terms and Conditions, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. 42.1 44.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval approval, or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably delayed, withheld withheld, or conditioned.

Appears in 3 contracts

Samples: Resale Agreement (Birch Telecom Inc /Mo), Telecommunications, Telecommunications

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall cooperate fully and act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, Agreement (including, without limitation, limitation the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement (Rhythms Net Connections Inc)

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably delayed, withheld or conditioned. In the performance of their obligations under this Agreement, the Parties shall act in good faith.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where noticeExcept as otherwise expressly stated in this Agreement (including, approval but not limited to, where consent, approval, agreement or a similar action by is stated to be within a Party Party’s sole discretion), where consent, approval, mutual agreement or a similar action is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably withheld, conditioned or delayed, withheld or conditioned.

Appears in 2 contracts

Samples: Interconnection Agreement (Wave2Wave Communications, Inc.), Interconnection Agreement (Wave2Wave Communications, Inc.)

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, Agreement (including, without limitation, limitation of the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement (Rhythms Net Connections Inc)

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be conditional, unreasonably delayed, withheld or conditioneddelayed.

Appears in 1 contract

Samples: Resale, Line Sharing and Virtual Collocation Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this the Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably delayed, withheld withheld, or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

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Good Faith Performance. 42.1 In the performance of their obligations obligation under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Resale Agreement (United States Telecommunications Inc/Fl)

Good Faith Performance. 42.1 44.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where noticenotic e, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned. 45 Intentionally Omitted.

Appears in 1 contract

Samples: Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall cooperate fully and act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, Agreement (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement obligations, the Parties will shall act in good faith and consistently with the intent of the Actunder this Agreement. Where In situations in which notice, approval consent, approval, or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be conditioned, unreasonably withheld, or delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in accordance with the good faith and consistently with the intent requirements of the Act. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement, Agreement (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement (Focal Communications Corp)

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, Agreement (including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement) ), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Service Agreement (Focal Communications Corp)

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement obligations, the Parties will shall act in good faith and consistently with the intent of the Actunder this Agreement. Where In situations in which notice, approval consent, approval, or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be conditional, unreasonably withheld, or delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

Good Faith Performance. 42.1 ‌ 36.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Wholesale Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, approval approval, or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will shall not be unreasonably withheld, delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection, Resale, and Unbundling Agreement

Good Faith Performance. 42.1 49.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement, (including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

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