Liabilities and Remedies. 1.7.1 Any breach by NorthPoint, or NorthPoint’s employees, agents or contractors, of the provisions of Sections 1.5 or 1.6 above shall be deemed a material breach of the Agreement. In addition, if NorthPoint or an employee, agent or contractor of NorthPoint at any time breaches a provision of Sections 1.5 or 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to NorthPoint, to suspend the license to use BA OSS Information granted by Section 1.6.1 above and/or the provision of BA OSS Services, in whole or in part. 1.7.2 NorthPoint agrees that BA would be irreparably injured by a breach of Sections 1.5 or 1.6 above by NorthPoint or the employees, agents or contractors of NorthPoint, 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.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Liabilities and Remedies. 1.7.1 Any breach by NorthPointCompass, or NorthPointCompass’s employees, agents or contractors, of the provisions of Sections 1.5 or 1.6 above shall be deemed a material breach of the Agreement. In addition, if NorthPoint Compass or an employee, agent or contractor of NorthPoint Compass at any time breaches a provision of Sections 1.5 or 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to NorthPointCompass, to suspend the license to use BA OSS Information granted by Section 1.6.1 above and/or the provision of BA OSS Services, in whole or in part.
1.7.2 NorthPoint Compass agrees that BA would be irreparably injured by a breach of Sections 1.5 or 1.6 above by NorthPoint Compass or the employees, agents or contractors of NorthPointCompass, 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.
Appears in 1 contract
Samples: Interconnection Agreement
Liabilities and Remedies. 1.7.1 Any breach by NorthPointUSWest, or NorthPointUSWest’s employees, agents or contractors, of the provisions of Sections 1.5 or 1.6 above shall be deemed a material breach of the Agreement. In addition, if NorthPoint USWest or an employee, agent or contractor of NorthPoint USWest at any time breaches a provision of Sections 1.5 or 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to NorthPointUSWest, to suspend the license to use BA OSS Information granted by Section 1.6.1 above and/or the provision of BA OSS Services, in whole or in part.
1.7.2 NorthPoint USWest agrees that BA would be irreparably injured by a breach of Sections 1.5 or 1.6 above by NorthPoint USWest or the employees, agents or contractors of NorthPointUSWest, 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.
Appears in 1 contract
Samples: Interconnection Agreement
Liabilities and Remedies. 1.7.1 Any breach by NorthPointMFN, or NorthPointMFN’s employees, agents or contractors, of the provisions of Sections 1.5 or 1.6 above shall be deemed a material breach of the Agreement. In addition, if NorthPoint MFN or an employee, agent or contractor of NorthPoint MFN at any time breaches a provision of Sections 1.5 or 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to NorthPointMFN, to suspend the license to use BA OSS Information granted by Section 1.6.1 above and/or the provision of BA OSS Services, in whole or in part.
1.7.2 NorthPoint MFN agrees that BA would be irreparably injured by a breach of Sections 1.5 or 1.6 above by NorthPoint MFN or the employees, agents or contractors of NorthPointMFN, 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.
Appears in 1 contract
Samples: Interconnection Agreement
Liabilities and Remedies. 1.7.1 Any breach by NorthPointCovad, or NorthPointCovad’s employees, agents or contractors, of the provisions of Sections 1.5 or 1.6 above shall be deemed a material breach of the Agreement. In addition, if NorthPoint Covad or an employee, agent or contractor of NorthPoint Covad at any time breaches a provision of Sections 1.5 or 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to NorthPointCovad, to suspend the license to use BA OSS Information granted by Section 1.6.1 above and/or the provision of BA OSS Services, in whole or in part.
1.7.2 NorthPoint Covad agrees that BA would be irreparably injured by a breach of Sections 1.5 or 1.6 above by NorthPoint Covad or the employees, agents or contractors of NorthPointCovad, 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.
Appears in 1 contract
Samples: Interconnection Agreement
Liabilities and Remedies. 1.7.1 Any breach by NorthPointCovad, or NorthPointCovad’s employees, agents or contractors, of the provisions of Sections 1.5 or 1.6 above shall be deemed a material breach of the Agreement. In addition, if NorthPoint Covad or an employee, agent or contractor of NorthPoint Covad at any time breaches a provision of Sections 1.5 or 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to NorthPointCovad, to suspend the license to use BA OSS Information granted by Section 1.6.1 above and/or the provision of BA OSS Services, in whole or in part.
1.7.2 NorthPoint Xxxxx agrees that BA would be irreparably injured by a breach of Sections 1.5 or 1.6 above by NorthPoint Covad or the employees, agents or contractors of NorthPointCovad, 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.
Appears in 1 contract
Samples: Interconnection Agreement