Common use of Liabilities and Remedies Clause in Contracts

Liabilities and Remedies. 8.6.1 Any breach by ICG, or ICG’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above shall be deemed a material breach of a material provision of this Agreement pursuant to Section 12 of the General Terms and Conditions. In addition, if any 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 ICG, 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 ICG agrees that a breach of Sections 8.4 or 8.5 above by ICG or the employees, agents or contractors of ICG would irreparably injure Verizon, 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 3 contracts

Samples: Adoption Under FCC Merger Conditions, Telecommunications, Telecommunications

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Liabilities and Remedies. 8.6.1 2.5.1 Any breach by ICGIntrado, or ICGIntrado’s employees, agents or contractors, of the provisions of Sections 8.4 2.3 or 8.5 above 2.4 of this Attachment shall be deemed a material breach of a material provision of this Agreement pursuant to Section 12 of the General Terms and ConditionsAgreement. In addition, if Intrado or an employee, agent or contractor of Intrado at any time breaches a provision of Sections 2.3 or 2.4 of this Attachment 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 ICGIntrado, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 above 2.4.1 of this Attachment and/or the provision of Verizon OSS Services, in whole or in part. 8.6.2 ICG 2.5.2 Intrado agrees that Verizon would be irreparably injured by a breach of Sections 8.4 2.3 or 8.5 above 2.4 of this Attachment by ICG Intrado or the employees, agents or contractors of ICG would irreparably injure VerizonIntrado, 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: Service Agreement, Service Agreement

Liabilities and Remedies. 8.6.1 Any breach by ICGAPI, or ICGAPI’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above of this Attachment shall be deemed a material breach of a material provision of this Agreement pursuant to Section 12 of the General Terms and ConditionsAgreement. In addition, if API or an employee, agent or contractor of API at any time breaches a provision of Sections 8.4 or 8.5 of this Attachment 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 ICGAPI, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 above of this Attachment and/or the provision of Verizon OSS Services, in whole or in part. 8.6.2 ICG API agrees that Xxxxxxx would be irreparably injured by a breach of Sections 8.4 or 8.5 above of this Attachment by ICG API or the employees, agents or contractors of ICG would irreparably injure VerizonAPI, 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: Service Agreement, Service Agreement

Liabilities and Remedies. 8.6.1 Any breach by ICGAPI, or ICGAPI’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above of this Attachment shall be deemed a material breach of a material provision of this Agreement pursuant to Section 12 of the General Terms and ConditionsAgreement. In addition, if API or an employee, agent or contractor of API at any time breaches a provision of Sections 8.4 or 8.5 of this Attachment 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 ICGAPI, to suspend the license to use Verizon OSS Information granted by Section 8.5.1 above of this Attachment and/or the provision of Verizon OSS Services, in whole or in part. 8.6.2 ICG API agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 above of this Attachment by ICG API or the employees, agents or contractors of ICG would irreparably injure VerizonAPI, 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 ICG, or ICG’s employees, agents or contractors, of the provisions of Sections 8.4 or 8.5 above shall be deemed a material breach of a material provision of this Agreement pursuant to Section 12 of the General Terms and Conditions. In addition, if any 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 ICG, 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 ICG agrees that a breach of Sections 8.4 or 8.5 above by ICG or the employees, agents or contractors of ICG would irreparably injure Verizon, 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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