NOW Communications. Inc. is a corporation duly organized, validly existing and in good standing under the laws of the State of Mississippi and has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. NOW represents and warrants to CBT that it has been certified as a reseller by the Commission and is authorized to provide, within the areas where it intends to provide services pursuant to this Agreement in the Commonwealth of Kentucky, the services it has contracted to purchase for resale herein.
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:
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 promptly provide to NOW Communications, Inc., (normally within forty-eight (48) hours of receipt by Verizon, excluding non-Business Days), a query on any listing that is not acceptable.
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),
