Common use of Liabilities and Remedies Clause in Contracts

Liabilities and Remedies. 1.6.1 Any breach by Focal, or Focal's employees, agents or contractors, of the provisions of Sections 1.4 or 1.5 above shall be deemed a material breach of the Agreement. In addition, if Focal or an employee, agent or contractor of Focal at any time breaches a provision of Sections 1.4 or 1.5 above and such breach continues for more than fifteen (15) days after written notice thereof from BA, then, except as otherwise required by Applicable Laws, BA shall have the right, upon notice to Focal, to suspend the license to use BA OSS Information granted by Section 1.5.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Focal agrees that BA would be irreparably injured by a breach of Sections 1.4 or 1.5 above by Focal or the employees, agents or contractors of Focal, and that BA 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.

Liabilities and Remedies. 1.6.1 Any breach by FocalMpower, or Focal's Mpower’s employees, agents or contractors, of the provisions of Sections 1.4 or 1.5 above shall be deemed a material breach of the Agreement. In addition, if Focal Mpower or an employee, agent or contractor of Focal Mpower at any time breaches a provision of Sections 1.4 or 1.5 above and such breach continues for more than fifteen ten (1510) days after written notice thereof from BA, then, except as otherwise required by Applicable LawsLaw, BA shall have the right, upon notice to FocalMpower, to suspend the license to use BA OSS Information granted by Section 1.5.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Focal Mpower agrees that BA would be irreparably injured by a breach of Sections 1.4 or 1.5 above by Focal Mpower or the employees, agents or contractors of FocalMpower, and that BA 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.

Liabilities and Remedies. 1.6.1 Any breach by FocalMFS, or FocalMFS's employees, agents or contractors, of the provisions of Sections 1.4 or 1.5 above shall be deemed a material breach of the Agreement. In addition, if Focal MFS or an employee, agent or contractor of Focal MFS at any time breaches a provision of Sections 1.4 or 1.5 above and such breach continues for more than fifteen (15) days after written notice thereof from BA, then, except as otherwise required by Applicable Laws, BA shall have the right, upon notice to FocalMFS, to suspend the license to use BA OSS Information granted by Section 1.5.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Focal MFS agrees that BA would be irreparably injured by a breach of Sections 1.4 or 1.5 above by Focal MFS or the employees, agents or contractors of FocalMFS, and that BA 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.

Liabilities and Remedies. 1.6.1 Any breach by FocalMFS, or FocalMFS's employees, agents or contractors, of the provisions of Sections 1.4 or 1.5 above shall be deemed a material breach of the Agreement. In addition, if Focal MFS or an employee, agent or contractor of Focal MFS at any time breaches a provision of Sections 1.4 or 1.5 above and such breach continues for more than fifteen (15) days after written notice thereof from BA, then, except as otherwise required by Applicable Laws, BA Ba shall have the right, upon notice to FocalMFS, to suspend the license to use BA OSS Information granted by Section 1.5.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Focal MFS agrees that BA would be irreparably injured by a breach of Sections 1.4 or 1.5 above by Focal MFS or the employees, agents or contractors of FocalMFS, and that BA 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.

Liabilities and Remedies. 1.6.1 1.7.1 Any breach by FocalXxxxx 0, or Focal's Level 3’s employees, agents or contractors, of the provisions of Sections 1.4 1.5 or 1.5 1.6 above shall be deemed a material breach of the Agreement. In addition, if Focal Level 3 or an employee, agent or contractor of Focal Level 3 at any time breaches a provision of Sections 1.4 1.5 or 1.5 1.6 above and such breach continues for more than fifteen ten (1510) days after written notice thereof from BA, then, except as otherwise required by Applicable LawsLaw, BA shall have the right, upon notice to FocalXxxxx 0, to suspend the license to use BA OSS Information granted by Section 1.5.1 1.6.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Focal 1.7.2 Level 3 agrees that BA would be irreparably injured by a breach of Sections 1.4 1.5 or 1.5 1.6 above by Focal Level 3 or the employees, agents or contractors of FocalXxxxx 0, and that BA 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.

Liabilities and Remedies. 1.6.1 Any breach by FocalMFS, or FocalMFS's employees, agents or contractors, of the provisions of Sections 1.4 or 1.5 above shall be deemed a material breach of the Agreement. In addition, if Focal MFS or an employee, employee agent or contractor of Focal MFS at any time breaches a provision of Sections 1.4 or 1.5 above and such breach continues for more than fifteen (15) days after written notice thereof from BA, then, except as otherwise required by Applicable Laws, BA shall have the right, upon the notice to FocalMFS, to suspend the license to use BA OSS Information granted by Section 1.5.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Focal MFS agrees that BA would be irreparably injured by a breach of Sections 1.4 or 1.5 above by Focal MFS or the employees, agents or contractors of FocalMFS, and that BA 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.