Telephone Services All telegraph, telephone, and communication connections which Tenant may desire outside the Premises shall be subject to Landlord’s prior written approval, in Landlord’s sole discretion, and the location of all wires and the work in connection therewith shall be performed by contractors approved by Landlord and shall be subject to the direction of Landlord, except that such approval is not required as to Tenant’s cabling from the Premises in a route designated by Landlord to any telephone cabinet or panel provided for Tenant’s connection to the telephone cable serving the Building, so long as Tenant’s equipment does not require connections different than or additional to those to the telephone cabinet or panel provided. As to any such connections or work outside the Premises requiring Landlord’s approval, Landlord reserves the right to designate and control the entity or entities providing telephone or other communication cable installation, removal, repair and maintenance outside the Premises and to restrict and control access to telephone cabinets or panels. In the event Landlord designates a particular vendor or vendors to provide such cable installation, removal, repair and maintenance for the Building, Tenant agrees to abide by and participate in such program. Tenant shall be responsible for and shall pay all costs incurred in connection with the installation of telephone cables and communication wiring in the Premises, including any hook-up, access and maintenance fees related to the installation of such wires and cables in the Premises and the commencement of service therein, and the maintenance thereafter of such wire and cables; and there shall be included in Operating Expenses for the Building all installation, removal, hook-up or maintenance costs incurred by Landlord in connection with telephone cables and communication wiring serving the Building which are not allocable to any individual users of such service but are allocable to the Building generally. If Tenant fails to maintain all telephone cables and communication wiring in the Premises and such failure affects or interferes with the operation or maintenance of any other telephone cables or communication wiring serving the Building, Landlord or any vendor hired by Landlord may enter into and upon the Premises forthwith and perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of Landlord’s costs in connection therewith). No later than the Termination Date, Tenant agrees to remove all telephone cables and communication wiring installed by Tenant for and during Tenant’s occupancy, which Landlord shall request Tenant to remove. Tenant agrees that neither Landlord nor any of its agents or employees shall be liable to Tenant, or any of Tenant’s employees, agents, customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action because of any interruption, diminution, delay or discontinuance at any time for any reason in the furnishing of any telephone or other communication service to the Premises and the Building.
Telephone Service 7.1 Telephone service means, without visiting the Bank, remotely, commensurate with the procedures and regulations established by the Bank, a client’s using telephone communication, to employ various bank services via the telephone number registered at the Bank. In particular:
7.1.1 Obtaining bank information;
7.1.2 Obtaining information on the client’s account(s) requisites, balances and transactions;
7.1.3 Subscribing for various bank services determined by the Bank and amending the registered data;
7.1.4 Within the limits, making transfers and conversions between own accounts;
7.1.5 Changing the email address and factual/legal address;
7.1.6 Opening current and/or deposit account(s);
7.1.7 Expressing a will to receive, change and/or cancel various bank products (among them credit/deposit) (submission of an application to the Bank);
7.1.8 Adding amounts to deposits, consistent with the terms provided in the respective agreement;
7.1.9 Submission of an application (expression of request) to produce a new card/renew, block/unblock the card;
7.1.10 Renewing, blocking the internet bank password;
7.1.11 Transferring money on a credit/installment card of the client and/or depending on the credit limit established for the card payment of the due amount, including pre-payment;
7.1.12 Submission of an application to receive back the amount charged by an ATM.
7.2 The telephone service is activated upon a client’s opening an account. The telephone service is applicable to all bank accounts of the client. If the client does not wish to receive a telephone service with regard to any of their accounts, the client must notify the Bank in writing or in another form envisaged by this agreement (including by notifying via contact center [telephone service center of the Bank], or by means of the internet bank).
7.3 The client is entitled to make a call from any telephone number for the purpose of blocking the bank card and/or to obtain any general bank information. Blocking the bank card shall be effected only after the client is identified.
7.4 By this agreement, the client expresses consent that any telephone conversation with them (as well as any request/application to obtain bank information, registration for using the service center, amending registered data, receiving bank [including credit/deposit] products and/or carrying out a transaction) shall be recorded on the electronic database of the Bank and in case of dispute the record shall be used as evidence.
7.5 The Bank, for the purpose of identification of the client, shall use telephone numbers of the client registered at the Bank and the questions pre-determined by the Bank. The client is identified before providing a telephone service or any other bank service/upon registering for various bank products (electronic services). Without passing the process of identification, the client shall not receive the telephone service described in clause 7.1 of this agreement, other than bank information of a general nature. Upon each telephone communication with the Bank (each time of receiving a telephone service), the client should undergo the identification procedure (give correct answers to the questions [pre-determined by the Bank] raised by the contact center operator).
7.6 The Bank is authorized to refuse to provide telephone service to a person who fails pass the identification procedure.
7.7 In the event the bank representative suspects that a third person other than the client is making attempts to obtain information or carry out a transaction, the Bank is authorized to refuse to perform the telephone service(s).
7.8 For the purpose of identifying a client, the Bank is entitled, at its own discretion, to establish additional mechanisms (requirements) in case of the disregard of which the client will be unable to receive the service described in clause 7.1 of the present agreement, other than bank information of a general nature.
7.9 The client orders the Bank and gives it the right, while establishing telephone communication with the Bank and after passing relevant identification/verification procedures, to:
7.9.1 Provide to them information on their accounts;
7.9.2 At the request of the client, to perform transactions allowed by the Bank within the limits of the telephone service.
7.10 The client is authorized, at any time, to request the Bank to stop telephone calls service provision and/or offering product(s)and registering. To register such a request, the client should perform one of the listed actions below:
7.10.1 Visit a bank branch/service center;
7.10.2 Register the request at the contact center;
7.10.3 Send a notification to the Bank via the internet bank.
7.11 The Bank is obliged, no later than 10 (ten) working days after receiving the request from the client indicated in clause 7.10 of the agreement, to stop making telephone calls to the client for the purpose of offering services and/or products and registration.
Action by Written Consent or Telephone Conference Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by the Majority Members. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.
General Counsel The General Counsel subject to the discretion of the Board of Directors, shall be responsible for the management and direction of the day-to-day legal affairs of the Company. The General Counsel shall perform such other duties and may exercise such other powers as may from time to time be assigned to him by the Board of Directors or the President.
TELEPHONE COMMUNICATIONS Both parties may communicate by telephone, but it is agreed that no instructions that require action will be left on any messaging service since neither party can guarantee that they will be received or actioned. Telephone conversations may be recorded by Us for training or monitoring purposes.
Notice Address Subject to Section 4.1.4, all notices and other communications by or to a party hereto shall be in writing and shall be given to any Borrower, at Borrower Agent’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its Assignment and Acceptance), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. Each such notice or other communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; or (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, 2.3, 3.1.2, 4.1.1 or 5.3.3 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written notice or other communication that is not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all Borrowers.
Telephone Monitoring You agree that Chase and its third-party service providers may listen to and record telephone calls as part of providing program services.
General Communications The type of communications described and defined in Article
Use of Verizon Telecommunications Services 2.1 Verizon Telecommunications Services may be purchased by Z-Tel under this Resale Attachment only for the purpose of resale by Z-Tel as a Telecommunications Carrier. Verizon Telecommunications Services to be purchased by Z-Tel for other purposes (including, but not limited to, Z-Tel’s own use) must be purchased by Z-Tel pursuant to other applicable Attachments to this Agreement (if any), or separate written agreements, including, but not limited to, applicable Verizon Tariffs.
2.2 Z-Tel shall not resell:
2.2.1 Residential service to persons not eligible to subscribe to such service from Verizon (including, but not limited to, business or other nonresidential Customers);
2.2.2 Lifeline, Link Up America, or other means-tested service offerings, to persons not eligible to subscribe to such service offerings from Verizon;
2.2.3 Grandfathered or discontinued service offerings to persons not eligible to subscribe to such service offerings from Verizon; or
2.2.4 Any other Verizon service in violation of a restriction stated in this Agreement (including, but not limited to, a Verizon Tariff) that is not prohibited by Applicable Law.
2.2.5 In addition to any other actions taken by Z-Tel to comply with this Section 2.2, Z-Tel shall take those actions required by Applicable Law to determine the eligibility of Z-Tel Customers to purchase a service, including, but not limited to, obtaining any proof or certification of eligibility to purchase Lifeline, Link Up America, or other means-tested services, required by Applicable Law. Z-Tel shall indemnify Verizon from any Claims resulting from Z-Tel’s failure to take such actions required by Applicable Law.
2.2.6 Verizon may perform audits to confirm Z-Tel’s conformity to the provisions of this Section 2.2. Such audits may be performed twice per calendar year and shall be performed in accordance with Sections 4.4.2 through 4.4.4 of the General Terms and Conditions.
2.3 Z-Tel shall be subject to the same limitations that Verizon’s Customers are subject to with respect to any Telecommunications Service that Verizon grandfathers or discontinues offering. Without limiting the foregoing, except to the extent that Verizon follows a different practice for Verizon Customers in regard to a grandfathered Telecommunications Service, such grandfathered Telecommunications Service: (a) shall be available only to a Customer that already has such Telecommunications Service; (b) may not be moved to a new service location; and, (c) will be furnished only to the extent that facilities continue to be available to provide such Telecommunications Service.
2.4 Z-Tel shall not be eligible to participate in any Verizon plan or program under which Verizon Customers may obtain products or services which are not Verizon Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or using, Verizon Telecommunications Services.
2.5 In accordance with 47 CFR § 51.617(b), Verizon shall be entitled to all charges for Verizon Exchange Access services used by interexchange carriers to provide service to Z-Tel Customers.
Conference Telephone Meetings Directors or members of any committee of the Board may participate in a meeting of the Board or such committee by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and such participation in a meeting shall constitute presence in person at such meeting.
