Common use of Network User Policy Clause in Contracts

Network User Policy. AGN will not be required to provide Network Services to a Network User, or Prospective Network User, who does not meet the requirements of AGN’s Network User Policy. The Network User Policy requires that: a a Network User must be resident in Australia or have a permanent establishment in Australia; b (if the Network User is incorporated or constituted under any law other than the Corporations Act 2001) the Network User must have provided AGN with a legal opinion in form and substance satisfactory to AGN that confirms: i the due incorporation and good standing of the Network User; ii the legal capacity of the Network User to enter into and perform the Agreement between the Network User and AGN; and iii the due execution of that Agreement and the enforceability of that Agreement against the Network User, c the Network User must be capable of being sued in its own name in courts established under the laws of Victoria, New South Wales and other States; d the Network User must not enjoy any immunity from legal proceedings or legal process (including, but without limitation, any immunity from execution); e the Network User must satisfy the requirements of AGN’s Credit Policy; f the Network User must have the necessary financial capability to discharge its present and future obligations in relation to Network Services; and g the Network User must not be an externally administered body corporate or insolvent under administration (as defined in the Corporations Act 2001) or under a similar form of administration under any laws applicable to the User in any jurisdiction.

Appears in 4 contracts

Samples: Access Arrangement, Access Arrangement, Access Arrangement

AutoNDA by SimpleDocs

Network User Policy. AGN ‌ MultinetAGN will not be required to provide Network Services to a Network User, or Prospective Network User, who does not meet the requirements of AGNMultinet’sAGN’s Network User Policy. The Network User Policy requires that: a a Network User must be resident in Australia or have a permanent establishment in Australia; b (if the Network User is incorporated or constituted under any law other than the Corporations Act 2001) the Network User must have provided AGN MultinetAGN with a legal opinion in form and substance satisfactory to AGN MultinetAGN that confirms: i the due incorporation and good standing of the Network User; ii the legal capacity of the Network User to enter into and perform the Agreement between the Network User and AGNMultinetAGN; and iii the due execution of that Agreement and the enforceability of that Agreement against the Network User, c the Network User must be capable of being sued in its own name in courts established under the laws of Victoria, New South Wales and other States; d the Network User must not enjoy any immunity from legal proceedings or legal process (including, but without limitation, any immunity from execution); e the Network User must satisfy the requirements of AGNMultinet’sAGN’s Credit Policy; f the Network User must have the necessary financial capability to discharge its present and future obligations in relation to Network Services; and g the Network User must not be an externally administered body corporate or insolvent under administration (as defined in the Corporations Act 2001) or under a similar form of administration under any laws applicable to the User in any jurisdiction.

Appears in 1 contract

Samples: Access Arrangement

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!