Common use of Liabilities and Remedies Clause in Contracts

Liabilities and Remedies. 1.7.1 Any breach by Reseller, or Reseller's employees, Agents or contractors, of the provisions of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, shall be deemed a material breach of a material provision of this Agreement by Reseller under Section 17.1 of this Agreement. In addition, if Reseller or an employee, Agent or contractor of Reseller at any time breaches a provision of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, and such breach continues for more than ten (10) days after written notice thereof from Xxxx Atlantic, then, except as otherwise required by Applicable Law, Xxxx Atlantic shall have the right, upon notice to Reseller, to suspend the license to use Xxxx Atlantic OSS Information granted by Exhibit I, Section 1.6.1 and/or the provision of Xxxx Atlantic OSS Services, in whole or in part. 1.7.2 Reseller agrees that Xxxx Atlantic would be irreparably injured by a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller, and that Xxxx Atlantic shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller. Such remedies shall not be deemed to be the exclusive remedies for a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 7 contracts

Samples: Resale Agreement (Essential Com Inc), Resale Agreement (Onepoint Communications Corp /De), Resale Agreement (Essential Com Inc)

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Liabilities and Remedies. 1.7.1 Any breach by Reseller, or Reseller's ’s employees, Agents or contractors, of the provisions of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, shall be deemed a material breach of a material provision of this Agreement by Reseller under Section 17.1 of this Agreement. In addition, if Reseller or an employee, Agent or contractor of Reseller at any time breaches a provision of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, and such breach continues for more than ten (10) days after written notice thereof from Xxxx Atlantic, then, except as otherwise required by Applicable Law, Xxxx Atlantic shall have the right, upon notice to Reseller, to suspend the license to use Xxxx Atlantic OSS Information granted by Exhibit I, Section 1.6.1 and/or the provision of Xxxx Atlantic OSS Services, in whole or in part. 1.7.2 Reseller agrees that Xxxx Atlantic would be irreparably injured by a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller, and that Xxxx Atlantic shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller. Such remedies shall not be deemed to be the exclusive remedies for a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Liabilities and Remedies. 1.7.1 Reseller shall be liable for any breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by an employee, Agent or contractor of Reseller. 1.7.2 Any breach by Reseller, or Reseller's employees, Agents or contractors, of the provisions of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, shall be deemed a material breach of a material provision of this Agreement by Reseller under Section 17.1 of this Agreement. In addition, if Reseller or an employee, Agent or contractor of Reseller at any time breaches a provision of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, and such breach continues for more than ten (10) days after written notice thereof from Xxxx Atlantic, then, except as otherwise required by Applicable Law, Xxxx Atlantic shall have the right, upon notice to Reseller, to suspend the license to use Xxxx Atlantic OSS Information granted by Exhibit I, Section 1.6.1 1.6.1, and/or the provision of Xxxx Atlantic OSS Services, in whole or in part. 1.7.2 1.7.3 Reseller agrees that Xxxx Atlantic would be irreparably injured by a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller, and that Xxxx Atlantic shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller. Such remedies shall not be deemed to be the exclusive remedies for a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, but shall be in addition to any other remedies available under this Agreement or at law or in equity.Section

Appears in 2 contracts

Samples: Resale Agreement (Onepoint Communications Corp /De), Resale Agreement (Onepoint Communications Corp /De)

Liabilities and Remedies. 1.7.1 Any breach by Reseller, or Reseller's employees, Agents or contractors, of the provisions of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, shall be deemed a material breach of a material provision of this Agreement by Reseller reseller under Section 17.1 of this Agreement. In addition, if Reseller or an employee, Agent or contractor of Reseller at any time breaches a provision of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, and such breach continues for more than ten (10) days after written notice thereof from Xxxx Atlantic, then, except as otherwise required by Applicable Law, Xxxx Atlantic shall have the right, upon notice to Reseller, to suspend the license to use Xxxx Atlantic OSS Information granted by Exhibit I, Section 1.6.1 and/or the provision of Xxxx Atlantic OSS Services, in whole or in part. 1.7.2 Reseller agrees that Xxxx Atlantic would be irreparably injured by a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller, and that Xxxx Atlantic shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller. Such remedies shall not be deemed to be the exclusive remedies for a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Resale Agreement (Essential Com Inc)

Liabilities and Remedies. 1.7.1 8.6.1 Any breach by ResellerXxxxxxx.xxx Inc., or Reseller's Xxxxxxx.xxx Inc.’s employees, Agents agents or contractors, of the provisions of Exhibit I, Section 1.5 Sections 8.4 or Exhibit I, Section 1.6, 8.5 of this Attachment shall be deemed a material breach of a material provision of this Agreement by Reseller under Section 17.1 of this Agreement. In addition, if Reseller Xxxxxxx.xxx Inc. or an employee, Agent agent or contractor of Reseller Xxxxxxx.xxx Inc. at any time breaches a provision of Exhibit I, Section 1.5 Sections 8.4 or Exhibit I, Section 1.6, 8.5 of this Attachment and such breach continues for more than ten (10) days after written notice thereof from Xxxx AtlanticVerizon, then, except as otherwise required by Applicable Law, Xxxx Atlantic Verizon shall have the right, upon notice to ResellerXxxxxxx.xxx Inc., to suspend the license to use Xxxx Atlantic Verizon OSS Information granted by Exhibit I, Section 1.6.1 8.5.1 of this Attachment and/or the provision of Xxxx Atlantic Verizon OSS Services, in whole or in part. 1.7.2 Reseller 8.6.2 Xxxxxxx.xxx Inc. agrees that Xxxx Atlantic Verizon would be irreparably injured by a breach of Exhibit I, Section 1.5 Sections 8.4 or Exhibit I, Section 1.6 8.5 of this Attachment by Reseller Xxxxxxx.xxx Inc. or the employees, Agents agents or contractors of ResellerXxxxxxx.xxx Inc., and that Xxxx Atlantic Verizon shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Resellersuch breach. Such remedies shall not be deemed to be the exclusive remedies for a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6any 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. 1.7.1 Any breach by Reseller, or Reseller's employees, Agents or contractors, of the provisions of Exhibit I1, Section 1.5 or Exhibit I1, Section 1.6, shall be deemed a material breach of a material provision of this Agreement by Reseller under Section 17.1 of this Agreement. In addition, if Reseller or an employee, Agent or contractor of Reseller at any time breaches a provision of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, and such breach continues for more than ten (10) days after written notice thereof from Xxxx Atlantic, then, except as otherwise required by Applicable Law, Xxxx Atlantic shall have the right, upon notice to Reseller, to suspend the license to use Xxxx Atlantic OSS Information granted by Exhibit I, Section 1.6.1 and/or the provision of Xxxx Atlantic OSS Services, in whole or in part. 1.7.2 Reseller agrees that Xxxx Atlantic would be irreparably injured by a breach of Exhibit I1, Section 1.5 or Exhibit I1, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller, and that Xxxx Atlantic shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach of Exhibit Iexhibit 1, Section 1.5 or Exhibit I1, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller. Such remedies shall not be deemed to be the exclusive remedies for a breach of Exhibit I1, Section 1.5 or Exhibit I1, Section 1.6, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Resale Agreement (Essential Com Inc)

Liabilities and Remedies. 1.7.1 Any breach by Reseller, or Reseller's employees, Agents or contractors, of the provisions of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, shall be deemed a material breach of a material provision of this Agreement by Reseller under Section 17.1 of this Agreement. In addition, if Reseller or an employee, Agent or contractor of Reseller at any time breaches a provision of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, and such breach continues for more than ten (10) days after written notice thereof from Xxxx Atlantic, then, except as otherwise required by Applicable Law, Xxxx Atlantic shall have the right, upon notice to Reseller, to suspend the license to use Xxxx Atlantic OSS Information granted by Exhibit I, Section 1.6.1 and/or the provision of Xxxx Atlantic OSS Services, in whole or in part. 1.7.2 Reseller agrees that Xxxx Atlantic would be irreparably injured by a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller, and that Xxxx Atlantic shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6 by Reseller or the employees, Agents or contractors of Reseller. Such remedies shall not be deemed to be the exclusive remedies for a breach of Exhibit I, Section 1.5 or Exhibit I, Section 1.6, but shall be in addition to any other remedies available under this Agreement or at law or in equity.Section

Appears in 1 contract

Samples: Resale Agreement (Vic RMTS Dc LLC)

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