Common use of Limitation, Termination, or Refusal of Access Due to Certain Material Breaches Clause in Contracts

Limitation, Termination, or Refusal of Access Due to Certain Material Breaches. CLEC’s access to SBC MISSOURI’s poles, ducts, conduits, and rights-of-way will not materially interfere with or impair service over any facilities of SBC MISSOURI or any joint user, cause material damage to SBC MISSOURI’s plant or the plant of any joint user, impair the privacy of communications carried over the facilities of SBC MISSOURI or any joint user, or create serious hazards to health or safety of any persons working on, within, or in the vicinity of SBC MISSOURI’s poles, ducts, rights-of-way or to the public. Upon reasonable notice and opportunity to cure, SBC MISSOURI may limit, terminate or refuse access if CLEC violates this provision; provided, however, that such limitation, termination or refusal will be limited to CLEC’s access to poles, ducts, conduits, and rights-of-way located in the SBC MISSOURI construction district in which the violation occurs, shall be as narrowly limited in time and geographic scope as may be necessary to enable CLEC to adopt suitable controls to prevent further violations, and shall be subject to review, at CLEC’s request, pursuant to the dispute resolution procedures set forth in this Appendix (or, if applicable, the parties’ Interconnection Agreement) or, as permitted by law, before any court, agency, or other tribunal having jurisdiction over the subject matter. In the event CLEC invokes dispute resolution procedures or seeks review before a court, agency, or other tribunal having jurisdiction over the subject matter, the limitation, termination, or refusal of access may be stayed or suspended by agreement of the parties or by order of the tribunal having jurisdiction over the parties’ dispute.

Limitation, Termination, or Refusal of Access Due to Certain Material Breaches. CLEC’s access to SBC MISSOURIAT&T’s poles, ducts, conduits, and rights-of-way will not materially interfere with or impair service over any facilities of SBC MISSOURI AT&T or any joint user, cause material damage to SBC MISSOURIAT&T’s plant or the plant of any joint user, impair the privacy of communications carried over the facilities of SBC MISSOURI AT&T or any joint user, or create serious hazards to health or safety of any persons working on, within, or in the vicinity of SBC MISSOURIAT&T’s poles, ducts, rights-of-way or to the public. Upon reasonable notice and opportunity to cure, SBC MISSOURI AT&T may limit, terminate or refuse access if CLEC violates this provision; provided, however, that such limitation, termination or refusal will be limited to CLEC’s access to poles, ducts, conduits, and rights-of-way located in the SBC MISSOURI AT&T construction district in which the violation occurs, shall be as narrowly limited in time and geographic scope as may be necessary to enable CLEC to adopt suitable controls to prevent further violations, and shall be subject to review, at the CLEC’s request, pursuant to the dispute resolution procedures set forth in this Appendix (or, if applicable, the parties’ Interconnection Agreement) or, as permitted by law, before any court, agency, or other tribunal having jurisdiction over the subject matter. In the event CLEC invokes dispute resolution procedures or seeks review before a court, agency, or other tribunal having jurisdiction over the subject matter, the limitation, termination, or refusal of access may be stayed or suspended by agreement of the parties or by order of the tribunal having jurisdiction over the parties’ dispute.

Limitation, Termination, or Refusal of Access Due to Certain Material Breaches. CLECAT&T’s access to SBC MISSOURINEVADA’s poles, ducts, conduits, and rights-of-way will not materially interfere with or impair service over any facilities of SBC MISSOURI NEVADA or any joint user, cause material damage to SBC MISSOURINEVADA’s plant or the plant of any joint user, impair the privacy of communications carried over the facilities of SBC MISSOURI NEVADA or any joint user, or create serious hazards to health or safety of any persons working on, within, or in the vicinity of SBC MISSOURINEVADA’s poles, ducts, rights-of-way or to the public. Upon reasonable notice and opportunity to cure, SBC MISSOURI NEVADA may limit, terminate or refuse access if CLEC AT&T violates this provision; provided, however, that such limitation, termination or refusal will be limited to CLECAT&T’s access to poles, ducts, conduits, and rights-of-way located in the SBC MISSOURI NEVADA construction district in which the violation occurs, shall be as narrowly limited in time and geographic scope as may be necessary to enable CLEC AT&T to adopt suitable controls to prevent further violations, and shall be subject to review, at CLECAT&T’s request, pursuant to the dispute resolution procedures set forth in this Appendix (or, if applicable, the parties’ Interconnection Agreement) or, as permitted by law, before any court, agency, or other tribunal having jurisdiction over the subject matter. In the event CLEC AT&T invokes dispute resolution procedures or seeks review before a court, agency, or other tribunal having jurisdiction over the subject matter, the limitation, termination, or refusal of access may be stayed or suspended by agreement of the parties or by order of the tribunal having jurisdiction over the parties’ dispute.