POSITION OF THE PARTIES. 4.1 This Agreement is an integrated package that reflects a balancing of interests critical to the Parties. The Parties agree that their entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to CenturyLink’s rates and cost recovery that may be covered in this Agreement. XXXX agrees to accept these terms and conditions with CenturyLink based on this Agreement as reciprocal where applicable. Furthermore, to the extent they apply to CenturyLink’s provision of services and/or facilities to CLEC, such terms are intended to apply only to the extent required by Applicable Law.
POSITION OF THE PARTIES. 4.1 This Agreement is an integrated package that reflects a balancing of interests of the Parties. The Parties agree that their entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to overy that may be covered in this Agreement. Xxxxxxx agrees to accept these terms and conditions with CenturyLink based on this Agreement as reciprocal where applicable. Furthermore, to the extent they apply to CenturyLink services and/or facilities to Carrier, such terms are intended to apply only to the extent required by Applicable Law.
POSITION OF THE PARTIES.
4.1 This Agreement is an integrated package that reflects a balancing of interests of the Parties. The Parties agree that their entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to Brightspeed’s rates and cost recovery that may be covered in this Agreement. CLEC agrees to accept these terms and conditions with Brightspeed based on this Agreement as reciprocal where applicable. Furthermore, to the extent they apply to Brightspeed’s provision of services and/or facilities to CLEC, such terms are intended to apply only to the extent required by Applicable Law.
POSITION OF THE PARTIES. 11. The Parties disagree in respect of four main issues: First, the Parties disagree on the requested order’s potential impact on the efficiency of the proceedings. While Canada submits that the limitation of the scope of the issues to be addressed in the damages phase will reduce the cost and the complexity that will expended by the Parties, the Investors claim that such limitation would result in a needless duplication of proceedings.
12. Second, the Parties also disagree on the impact the requested order may have on the Investors’ due process rights under Article 15 of the UNCITRAL Rules. Canada contends that both Parties will have a full opportunity to brief the Tribunal on the issue of damages. The Investors, on the other hand, contend that the Motion denies them a full opportunity to present their case.
13. Third, the Parties disagree on whether the Motion amounts to an application to interpret the Award pursuant to Article 35 of the UNCITRAL Rules which is time-barred. While Canada asserts that it has never requested the interpretation of the Award, the Investors maintain that the Motion is a disguised time-barred application to interpret the Award.
14. Finally, the Parties take different views in respect of the relevance of the decision of the tribunal in S.D. Xxxxx, Inc.
POSITION OF THE PARTIES. 2.1 The Consortium Members acknowledge that the Data Protection Law shall ultimately determine their status, however record their intention that when Personal Data is transferred from one party to another party in connection with this CA all Consortium Members are Controllers in respect of such Personal Data (whether on a “joint” or “in common” basis). The Consortium Members shall notify each other immediately if this position changes and work together in good faith to ensure that this Annex is revised (if required) to comply with Data Protection Laws.
2.2 Each Controller shall, in relation to the Processing of the Shared Personal Data, comply with its respective obligations under the Data Protection Laws.
2.3 Each Controller acknowledges that any transfer of Personal Data by a disclosing Controller to a receiving Controller in accordance with Article 44 of the GDPR shall not require further safeguards to be put in place (such as the model contract clauses), as the Controllers are relying on the derogation set out in Article 49(1)(b) the GDPR (the Processing is necessary for the conclusion or performance of a contract between the Data Subject and the Controller or the implementation of pre-contractual measures taken at the Data Subject’s request). Should this position change, or if either party reasonably believes that such derogation is not available in connection with a particular Processing activity, it shall notify the other relevant Controller’s SPoC.
POSITION OF THE PARTIES. 4.1 This Agreement is an integrated package that reflects a balancing of interests of the Parties. The Parties agree that their entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the VDPH W\SHV RI DUUDQJHPHQWV DQG RU PDWWHUV UHODWHG WR &HQWXU\/LQN¶V UDWHV and cost recovery that may be covered in this Agreement. XXXX agrees to accept these terms and conditions with CenturyLink based on this Agreement as reciprocal where applicable. Furthermore, to the extent they apply to &HQWXU\/LQN¶V SURYLVLRQ RI VHUYLFHV DQG RU IDFLOLWLHV WR &/(& VXFK WHUPV DUH intended to apply only to the extent required by Applicable Law.
POSITION OF THE PARTIES. 4.1 This Agreement is an integrated package that reflects a balancing of interests of the Parties. The Parties agree that their entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the and cost recovery that may be covered in this Agreement. XXXX agrees to accept these terms and conditions with CenturyLink based on this Agreement as reciprocal where applicable. Furthermore, to the extent they apply to or facilities to CLEC, such terms are intended to apply only to the extent required by Applicable Law.
POSITION OF THE PARTIES. 4.1 This Agreement is an integrated package that reflects a balancing of interests of the Parties. The Parties agree that their entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters r that may be covered in this Agreement. Xxxxxxx agrees to accept these terms and conditions with CenturyLink based on this Agreement as reciprocal where applicable. Furthermore, to the extent they apply to C services and/or facilities to Carrier, such terms are intended to apply only to the extent required by Applicable Law.
POSITION OF THE PARTIES. 4.1 This Agreement is an integrated package that reflects a balancing of interests of the Parties. The Parties agree that their entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to Centu and cost recovery that may be covered in this Agreement. XXXX agrees to accept these terms and conditions with CenturyLink based on this Agreement as reciprocal where applicable. Furthermore, to the extent they apply to ion of services and/or facilities to CLEC, such terms are
POSITION OF THE PARTIES. 4.1 This Agreement is an integrated package that reflects a balancing of interests of the Parties. The Parties agree that their entry into this Agreement is without prejudice to and does not waive any positions they may have taken previously, or may take in the future, in any legislative, regulatory, judicial or other public forum addressing any matters, including matters related to the same types of arrangements and/or matters related to Century that may be covered in this Agreement. XXXX agrees to accept these terms and conditions with CenturyLink based on this Agreement as reciprocal where applicable. Furthermore, to the exten ion of services and/or facilities to CLEC, such terms are intended to apply only to the extent required by Applicable Law.
