More Favorable Provisions. Notwithstanding the terms set forth in this Agreement, more favorable provisions which have been agreed or may be agreed upon by either Contacting Parties with an investor of the other Contracting Party are applicable.
More Favorable Provisions. A. The parties agree that if ---
1. the Federal Communications Commission (“FCC”) or the Commission finds that the terms of this Agreement are inconsistent in one or more material respects with any of its or their respective decisions, rules or regulations, or
2. the FCC or the Commission preempts the effect of this Agreement, then, in either case, upon such occurrence becoming final and no longer subject to administrative or judicial review, the parties shall immediately commence good faith negotiations to conform this Agreement to the requirements of any such decision, rule, regulation or preemption. The revised agreement shall have an effective date that coincides with the effective date of the original FCC or Commission action giving rise to such negotiations. The parties agree that the rates, terms and conditions of any new agreement shall not be applied retroactively to any period prior to such effective date except to the extent that such retroactive effect is expressly required by such FCC or Commission decision, rule, regulation or preemption.
B. In the event that BellSouth, either before or after the effective date of this Agreement, enters into an agreement with any other telecommunications carrier (an ”Other Resale Agreement”) which provides for the provision within the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina and South Carolina of any of the arrangements covered by this Agreement upon rates, terms or conditions that differ in any material respect from the rates, terms and conditions for such arrangements set forth in this Agreement (“Other Terms”), BellSouth shall be deemed thereby to have offered such other Resale Agreement to Reseller in its entirety. In the event that Reseller accepts such offer, such Other Terms shall be effective between BellSouth and Reseller as of the date on which Reseller accepts such offer.
C. In the event that after the effective date of this Agreement the FCC or the Commission enters an order (a “Resale Order”) requiring BellSouth to provide within the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina and South Carolina any of the arrangements covered by this agreement upon Other Terms, then upon such Resale Order becoming final and not subject to further administrative or
D. In the event that after the effective date of this Agreement BellSouth files and subsequently receives approval for one or more intrastate tariffs (each, a “Resal...
More Favorable Provisions. If the domestic law of the State of either Contracting Party or obligations under international law, existing at present or established hereafter, entitle investments by investors of the other Contracting Party to treatment more favorable than that provided by this Agreement, such more favorable treatment shall prevail.
More Favorable Provisions. If the laws and regulations of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to this Agreement contain a regulation, whether general or specific, entitling investments by investors of the other Contracting Party to a treatment more favorable than is provided for by this Agreement, such regulation shall to the extent that it is more favorable prevail over this Agreement in this context.
More Favorable Provisions. If BellSouth enters into an agreement (“Other Agreement”) approved by the applicable Commission pursuant to Section 252 (I) of the Act which provides for interconnection within such states covered by this agreement to another requesting CMRS provider, including a BellSouth affiliate, BellSouth shall make available to Carrier such arrangement upon the same rates, terms, and conditions as those provided in the Other Agreement, Carrier may only avail itself of the Other Agreement in its entirety.
More Favorable Provisions. 1. If the domestic law of either Contracting Party, or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to this Agreement contains a provision, whether general or specific, entitling investments by investors of the other Contracting Party to a treatment more favorable than is provided for by this Agreement, such provision shall, to the extent that it is more favorable to an investor, prevail over this Agreement.
2. Whenever the treatment accorded by one Contracting Party to the investors of the other Contracting Party, according to its laws and regulations or other provisions of specific contract or investment authorization or agreement, is more favorable than that provided under this agreement, the most favorable treatment shall apply.
More Favorable Provisions. In the event that the terms and provisions of any agreement described in Section 2.1 shall at any time be interpreted, modified, or amended so as to become more favorable to the named counter-parties than the terms and provisions of this Agreement are to the Department, in the sole judgment of the Department, then the Department may request the Commissions’ agreement to modify this Agreement so as to incorporate such interpretation, modification, or amendment, in whole or in part, by amendment to this Agreement.
More Favorable Provisions. Pursuant to §3223 of the Insurance Law and also §50.7(b) of Regulation No. 47, every group separate account annuity contract delivered or issued for delivery in this state (and every certificate used in connection therewith) shall contain in substance the standard provisions to the extent that such provisions are applicable or provisions which are appropriate and more favorable to the annuitants, or not less favorable to annuitants and more favorable to the holders of such contracts.
More Favorable Provisions. The Company acknowledges and agrees that any covenants, defaults or similar provisions set forth in any of the Other December 2006 Waivers not substantially provided for in this Waiver and Amendment, or any such covenants, defaults or similar provisions that are more favorable to the creditors thereunder than the covenants, defaults or similar provisions hereunder, are hereby incorporated by reference into this Waiver and Amendment to the same extent as if set forth fully herein, and no subsequent amendment, waiver, termination or modification thereof shall affect any such covenants, terms, conditions or defaults as incorporated herein.
More Favorable Provisions. A. The parties agree that if ---
1. the FCC or the Commission finds that the terms of this Agreement are inconsistent in one or more material respects with any of its or their respective decisions, rules, or regulations, or
2. the FCC or the Commission preempts the effect of this Agreement, then, in either case, upon such occurrence becoming final and no longer subject to administrative or judicial review, the parties shall immediately commence good faith negotiations to conform this Agreement to the requirements of any such decision, rule, regulation, or preemption. The revised agreement shall have the same effective date as the initial FCC or Commission action giving rise to such negotiations. The rates, terms, and conditions of any new agreement shall not be applied retroactively to any period prior to such effective date except to the extent that such retroactive effect is expressly required by such FCC or Commission decision, rule, regulation, or preemption.
B. In the event that BellSouth, either before or after the Effective Date, enters into an agreement with any other telecommunications carrier (an "Other Interconnection Agreement") which provides for the provision within a state of any of the arrangements covered by this Agreement upon rates, terms or conditions that differ from the rates, terms and conditions for such arrangements set forth in this Agreement ("Other Terms"), then BellSouth shall be deemed thereby to have offered such arrangements to Carrier upon such Other Terms in that state only, which Carrier may accept as provided in Part E of this Section. In the event that Carrier accepts such offer within sixty (60) days after the Commission, or the FCC, as the case may be, approves such Other Interconnection Agreement pursuant to Section 252 of the Act, or within thirty (30) days after Carrier acquires actual knowledge of an Other Interconnection Agreement not requiring the approval of the Commission pursuant to Section 252 of the Act, as the case may be, such Other Terms shall be effective between BellSouth and Carrier as of the effective date of such Other Interconnection Agreement or the
