Common use of Liabilities and Remedies Clause in Contracts

Liabilities and Remedies. 8.6.1 Any breach by D&E, or D&E’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above shall be deemed a material breach of the Agreement. In addition, if D&E or an employee, agent or contractor of D&E at any time breaches a provision of Sections 8.4 or 8.5 above and such breach continues for more than ten (10) days after written notice thereof from Verizon, then, except as otherwise required by Applicable Law, Verizon shall have the right, upon notice to D&E, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 above and/or the provision of Verizon OSS Services, in whole or in part. 8.6.2 D&E agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 above by D&E or the employees, agents or contractors of D&E, and that Verizon shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 2 contracts

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

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Liabilities and Remedies. 8.6.1 Any breach by D&EPhone-Link, or D&EPhone-Link’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above shall be deemed a material breach of the Agreement. In addition, if D&E Phone-Link or an employee, agent or contractor of D&E Phone-Link at any time breaches a provision of Sections 8.4 or 8.5 above and such breach continues for more than ten (10) days after written notice thereof from Verizon, then, except as otherwise required by Applicable Law, Verizon shall have the right, upon notice to D&EPhone-Link, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 above and/or the provision of Verizon OSS Services, in whole or in part. 8.6.2 D&E Phone-Link agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 above by D&E Phone-Link or the employees, agents or contractors of D&EPhone-Link, and that Verizon shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Service Agreement

Liabilities and Remedies. 8.6.1 Any breach by D&EXxxx Telecom, or D&EXxxx Telecom’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above shall be deemed a material breach of the this Agreement. In addition, if D&E Xxxx Telecom or an employee, agent or contractor of D&E Xxxx Telecom at any time breaches a provision of Sections 8.4 or 8.5 above and such breach continues for more than ten (10) days after written notice thereof from Verizon, then, except as otherwise required by Applicable Law, Verizon shall have the right, upon notice to D&EXxxx Telecom, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 above and/or the provision of Verizon OSS Services, in whole or in part.part.‌ 8.6.2 D&E Xxxx Telecom agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 above by D&E Xxxx Telecom or the employees, agents or contractors of D&EXxxx Telecom, and that Verizon shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Interconnection Agreement

Liabilities and Remedies. 8.6.1 Any breach by D&EDirect2Internet, or D&EDirect2Internet’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above shall be deemed a material breach of the Agreement. In addition, if D&E Direct2Internet or an employee, agent or contractor of D&E Direct2Internet at any time breaches a provision of Sections 8.4 or 8.5 above and such breach continues for more than ten (10) days after written notice thereof from Verizon, then, except as otherwise required by Applicable Law, Verizon shall have the right, upon notice to D&EDirect2Internet, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 above and/or the provision of Verizon OSS Services, in whole or in part. 8.6.2 D&E Direct2Internet agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 above by D&E Direct2Internet or the employees, agents or contractors of D&EDirect2Internet, and that Verizon shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Service Agreement

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Liabilities and Remedies. 8.6.1 Any breach by D&EA-Tech, or D&EA-Tech’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above shall be deemed a material breach of the Agreement. In addition, if D&E A-Tech or an employee, agent or contractor of D&E A-Tech at any time breaches a provision of Sections 8.4 1.4 or 8.5 1.5 above and such breach continues for more than ten (10) days after written notice thereof from Verizon, then, except as otherwise required by Applicable Law, Verizon shall have the right, upon notice to D&EA-Tech, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 8.6.1 above and/or the provision of Verizon OSS Services, in whole or in part. 8.6.2 D&E A-Tech agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 above by D&E A-Tech or the employees, agents or contractors of D&EA-Tech, and that Verizon shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Telecommunications

Liabilities and Remedies. 8.6.1 Any breach by D&ETeleconex, or D&ETeleconex’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above shall be deemed a material breach of the Agreement. In addition, if D&E Teleconex or an employee, agent or contractor of D&E Teleconex at any time breaches a provision of Sections 8.4 or 8.5 above and such breach continues for more than ten (10) days after written notice thereof from Verizon, then, except as otherwise required by Applicable Law, Verizon shall have the right, upon notice to D&ETeleconex, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 above and/or the provision of Verizon OSS Services, in whole or in part. 8.6.2 D&E Teleconex agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 above by D&E Teleconex or the employees, agents or contractors of D&ETeleconex, and that Verizon shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Telecommunications

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