Nodal. Nodal represents and warrants that: (i) it has been designated as a contract market by the CFTC and maintains its designation as a contract market in accordance with the CEA and the CFTC Regulations promulgated thereunder; (ii) it has the power and authority, corporate and otherwise, to execute and perform this Agreement; and (iii) neither its execution of this Agreement nor its performance of this Agreement hereunder will violate any other law, rule, regulation, order or agreement or other obligation to which it is bound.
Nodal. Participant shall defend, indemnify and hold Nodal, its Affiliates, and the respective officers, directors, employees, agents, and representatives of Nodal and its Affiliates, provided that such Affiliates are not Nodal participants (collectively, “Nodal Parties”), harmless from and against all costs, claims, demands, losses, expenses and liabilities of any nature whatsoever (including reasonable attorney’s fees) (“Losses”) incurred or suffered by such Nodal Parties arising directly or indirectly out of, or in connection with, any third-party claim, demand, or cause of action (each, a “Claim”) based upon or arising out of (i) use of the Services or the System, or any other information or materials provided by Nodal or accessible through the System or Services, by Participant or any other Person using any of Participant’s Access Methods, whether or not authorized, except to the extent such Losses are proximately caused by the gross negligence or willful misconduct of Nodal; (ii) any act or omission of any Authorized Broker in connection with the use of the System or the Services; (iii) breach of any of Participant’s obligations, representations, warranties or covenants under this Agreement; or (iv) Participant’s gross negligence or willful misconduct. Notwithstanding the foregoing, (a) the Nodal Parties shall have the right to engage separate counsel, at their own expense, to participate in the defense of or any negotiations relative to the Claim, and (b) Participant may not settle or otherwise compromise any Claim without Nodal’s written approval of any such settlement or other compromise, which approval shall not be unreasonably withheld. The indemnification provided by this Section 10.1 will not be deemed exclusive of any other rights to which a Nodal Party may be entitled under any agreement or otherwise, and will inure to the benefit of the successors, assigns, heirs, executors and administrators of such Nodal Party.
Nodal. Check this line if your customer currently has megacom service or if you are installing new megacom service. Fax your request to 0-000-000-0000. AT&T Proprietary Use pursuant to Company Instructions RESPONSIBLE ORGANIZATION DESIGNATION AND AGREEMENT OF AGENCY I hereby designate AT&T to act as Responsible Organization (“RESPORG”) for the following toll free service telephone numbers. I further designate AT&T to act as my agent to transfer RESPORG functions to AT&T. These designations supersede all prior RESPORG designations pertaining to these toll free service numbers. Company Billing Name: (As it appears on the customers bill copy) Company Billing Address: City: State: Zip: Company Contact: Contact Phone #: Fax #: Authorized By: (Signature or PIN) (Print Name) (Title) (Date) TOLL FREE SERVICE NUMBERS FOR WHICH RESPORG FUNCTIONS ARE BEING TRANSFERRED ( 8 ) ( 8 ) ( 8 ) ( 8 ) ( 8 ) ( 8 ) ( 8 ) ( 8 ) OLD RESPONSIBLE ORGANIZATION NEW RESPONSIBLE ORGANIZATION ID: ID: ATX01 Name: Name: AT&T Address: Address: 0000 Xxxxx Xxxxxx St. Louis, MO 63103 FOR AT&T USE ONLY AT&T Name: Phone No : AT&T E-Mail Address: Branch: Save Winback Nodal PRINT USING FINE TIP INK PEN WHEN COMPLETING THE RESPORG FORM - ILLEGIBLE FORMS WILL BE REJECTED! AT&T Proprietary 08/21/08
Nodal. Access In a Nodal Access arrangement, CUSTOMER provides a 1.544 Mbps dedicated access facility, or a 44.736 Mbps dedicated access facility with an associated AT&T M28 Multiplexing Office Function, between an AT&T Central Office and an End User location. The same access facility can be used to provide originating Nodal Access for AT&T Network Connection - Outbound Service. CUSTOMER is responsible for all charges associated with the Nodal Access arrangement. If CUSTOMER obtains the dedicated access facility from AT&T, the applicable AT&T charges include the Local Channel, Access Connection, M28 Multiplexing Office Function and Access Coordination Function charges. If CUSTOMER does not obtain the dedicated access facility from AT&T, the applicable AT&T charges include the Access Connection and M28 Multiplexing Office Function charges. There is no terminating access usage rate associated with a Nodal Access arrangement. Confidential AT&T-PROPRIETARY Use Pursuant to Company Instructions AT&T Network Connection Platform Service Description Attachment
