NOW Communications. Inc. shall maintain during the term of this Agreement and for a period of two years thereafter all insurance and/or bonds required to satisfy its obligations under this Agreement (including, but not limited to, its obligations set forth in Section 20 hereof) and all insurance and/or bonds required by Applicable Law. The insurance and/or bonds shall be obtained from an insurer having an A.M. Best insurance rating of at least A-, financial size category VII or greater. At a minimum and without limiting the foregoing undertaking, NOW Communications, Inc. shall maintain the following insurance:
21.1.1 Commercial General Liability Insurance, on an occurrence basis, including but not limited to, premises-operations, broad form property damage, products/completed operations, contractual liability, independent contractors, and personal injury, with limits of at least $2,000,000 combined single limit for each occurrence.
21.1.2 Commercial Motor Vehicle Liability Insurance covering all owned, hired and non-owned vehicles, with limits of at least $2,000,000 combined single limit for each occurrence.
21.1.3 Excess Liability Insurance, in the umbrella form, with limits of at least $10,000,000 combined single limit for each occurrence.
21.1.4 Worker’s Compensation Insurance as required by Applicable Law and Employer’s Liability Insurance with limits of not less than $2,000,000 per occurrence.
21.1.5 All risk property insurance on a full replacement cost basis for all of NOW Communications, Inc.'s real and personal property located at any Collocation site or otherwise located on or in any Verizon premises (whether owned, leased or otherwise occupied by Verizon), facility, equipment or right-of-way.
NOW Communications. Inc. shall, within two (2) weeks of the Effective Date hereof at the time of each renewal of, or material change in, NOW Communications, Inc. ’s insurance policies, and at such other times as Verizon may reasonably specify, furnish certificates or other proof of the foregoing insurance reasonably acceptable to Verizon. The certificates or other proof of the foregoing insurance shall be sent to: Director - Contract Performance & Administration, Verizon Wholesale Markets, 000 Xxxxxx Xxxxx, XXXXXXXXXXXX, Xxxxxx. XX 00000.
NOW Communications. Inc. shall require its contractors, if any, that may enter upon the premises or access the facilities or equipment of Verizon or Verizon’s affiliates to maintain insurance in accordance with Sections 21.1 through 21.3 and, if requested, to furnish Verizon certificates or other adequate proof of such insurance acceptable to Verizon in accordance with Section 21.4 21.6 If NOW Communications, Inc. or NOW Communications, Inc.’s contractors fail to maintain insurance as required in Sections 21.1 through 21.5, above, Verizon may (but shall not be obligated to) purchase such insurance and NOW Communications, Inc. shall reimburse Verizon for the cost of the insurance.
NOW Communications. Inc. agrees that the Services provided by Verizon hereunder shall be subject to the terms, conditions and restrictions contained in any applicable agreements (including, but not limited to software or other intellectual property license agreements) between Verizon and Verizon’s vendors. Verizon agrees to advise NOW Communications, Inc., directly or through a third party, of any such terms, conditions or restrictions that may limit any NOW Communications, Inc. use of a Service provided by Verizon that is otherwise permitted by this Agreement. At NOW Communications, Inc.’s written request, to the extent required by Applicable Law, Verizon will use Verizon’s best efforts, as commercially practicable, to obtain intellectual property rights from Verizon’s vendor to allow NOW Communications, Inc. to use the Service in the same manner as Verizon that are coextensive with Verizon’s intellectual property rights, on terms and conditions that are equal in quality to the terms and conditions under which Verizon has obtained Verizon’s intellectual property rights. NOW Communications, Inc. shall reimburse Verizon for the cost of obtaining such rights.
NOW Communications. Inc. shall provide Services under this Agreement in accordance with the performance standards required by Applicable Law.
NOW Communications. Inc. shall arrange, at its own expense, the trunking and other facilities required to transport traffic to and from the designated DA and OS switch locations.
NOW Communications. Inc. shall provide to Verizon on a regularly scheduled basis, at no charge, and in a format required by Verizon or by a mutually agreed upon industry standard (e.g., Ordering and Billing Forum developed), all Listing Information and the service address for each NOW Communications, Inc. Customer whose service address location falls within the geographic area covered by the relevant Verizon directory. NOW Communications, Inc. shall also provide to Verizon on a daily basis, (a) information showing NOW Communications, Inc. Customers who have disconnected or terminated their service with NOW Communications, Inc.; and (b) delivery information for each non-listed or non-published NOW Communications, Inc. Customer to enable Verizon to perform its directory distribution responsibilities. Verizon shall
NOW Communications. Inc. shall have the option to route Voice Information Service Traffic that originates on its own network to the appropriate Voice Information Service connected to Verizon’s network. In the event NOW Communications, Inc. exercises such option, NOW Communications, Inc. will establish, at its own expense, a dedicated trunk group to the Verizon Voice Information Service serving switch. This trunk group will be utilized to allow NOW Communications, Inc. to route Voice Information Service Traffic originated on its network to Verizon. For such Voice Information Service Traffic, unless NOW Communications, Inc. has entered into a written agreement with Verizon under which NOW Communications, Inc. will collect from NOW Communications, Inc.’s Customer and remit to Verizon the Voice Information Service provider’s charges, NOW Communications, Inc. shall pay to Verizon without discount any Voice Information Service provider charges billed by Verizon to NOW Communications, Inc.. NOW Communications, Inc. shall pay Verizon such charges in full regardless of whether or not NOW Communications, Inc. collects such charges from its own Customer.
NOW Communications. Inc. shall not (a) alter, modify or damage the Verizon OSS Facilities (including, but not limited to, Verizon software),
NOW Communications. Inc. shall comply with all practices and procedures established by Verizon for access to and use of Verizon OSS Facilities (including, but not limited to, Verizon practices and procedures with regard to security and use of access and user identification codes).
