Notwithstanding anything to the contrary contained herein, SBC- 13STATE’s obligations under this Agreement shall apply only to:
2.12.1.1 the specific operating area(s) or portion thereof in which SBC-13 STATE is then deemed to be the ILEC under the Act (the “ILEC Territory”), and
2.12.1.2 assets that SBC-13STATE owns or leases and which are used in connection with SBC-13STATE’s provision to CLEC of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided or contemplated under this Agreement, the Act or any tariff or ancillary agreement referenced herein (individually and collectively, the “ILEC Assets”).
Notwithstanding anything to the contrary in this Agreement, SBC- AMERITECH’s exercise of any of the above options:
10.5.2.1 shall not delay or relieve CLEC’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date, and
10.5.2.2 Sections 10.5.1.3 and 10.5.1.4 shall exclude any affected order or service from any applicable performance interval or Performance Benchmark.
Notwithstanding anything to the contrary contained herein, SBC- 13STATE’s obligations under this Agreement shall apply only to:
19.29.1.1 the specific operating area(s) or portion thereof in which SBC-13STATE is then deemed to be the ILEC under the Act (the “ILEC Territory”), the SBC-13STATE Territory and assets that SBC-13STATE owns or leases and which are used in connection with SBC-13STATE’s provision to Carrier of any Interconnection products or services provided or contemplated under this Agreement, the Act or any tariff or ancillary agreement referenced herein.
Notwithstanding anything to the contrary contained herein, AT&T Wisconsin’s obligations under this Agreement shall apply only to:
2.12.1.1 the specific operating area(s) or portion thereof in which AT&T Wisconsin is then deemed to be the ILEC under the Act (the “ILEC Territory”), and
2.12.1.2 assets that AT&T Wisconsin owns or leases and which are used in connection with AT&T Wisconsin’s provision to CLEC of any Interconnection, Resale Services, Network Elements, functions, facilities, products or services provided or contemplated under this Agreement, the Act or any tariff or ancillary agreement referenced herein (individually and collectively, the “ILEC Assets”).
Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
Notwithstanding anything to the contrary herein, either Party may terminate this Agreement for any reason and without cause at any time upon ten (10) days’ written notice to the other Party.
Notwithstanding anything to the contrary in Section 1.1(a), -------------- in the event the Corporation fails to achieve the Milestone for Phase Three or Phase Four and LLI elects in its sole discretion not to invest in the applicable Phase, in accordance with Section 1.3(e) of the Investment -------------- Agreement (as such terms are defined therein), upon completion of the issuance of equity in accordance with Section 1.3(e)(i) of the Investment Agreement and in the event that the provider of equity requires representation on the Board of Directors in connection with its investment:
(a) The Corporation, the Directors and the Shareholders shall be entitled to take whatever action is necessary to reconfigure the composition of the Board to accommodate the addition of the new investor, including but not limited to, increasing the size of the Board, filling vacancies and reducing the number of LLI Directors, provided that at all times the number of LLI Directors shall not be less than one (1), and provided that, excluding the Independent Director, the ICMG Directors at all times shall comprise not less than fifty percent (50%) of the Board. In the event the Corporation determines to reduce the number of the LLI Directors, the Board (with the LLI Directors prohibited from voting) shall be entitled to terminate the desired number of LLI Directors if the resignations of such number of LLI Directors have not been received by the Corporation within fifteen (15) days of written demand therefor to LLI. The vacancies created by such terminations or resignations shall be filled by directors nominated by the ICMG Directors; and
(b) The ICMG Directors may, in their sole discretion, take any and all actions permitted to be taken by directors under the Corporation's Bylaws to effectuate the foregoing.
