RBOC Termination/Origination Sample Clauses

RBOC Termination/Origination. IXC hereby acknowledges and agrees that the Excel and Telco traffic comprising Xclusive origination service, as it pertains to the Switched 1+ (hereinafter "Xclusive Origination Service"), and Xclusive termination service, as it pertains to the Switched 1+ (hereinafter, "Xclusive Termination Service"), for the entire twelve (12) month period ("Prior Twelve Month Period") beginning April 1, 1997 and ending March 31, 1998 (including but not limited to the months of January 1998, February 1998, and March 1998), when measured monthly, is in full and complete compliance with the permissible ratios set forth in this Section 1.5 such that no surcharge would be charged to Excel on any of Excel's traffic had such a provision existed in the Original Agreement or on Telco's traffic had such a provision existed in the Telco Service Agreement. Prior to this Section 1.5 being effective, IXC shall deliver to Excel an Officer's Certificate certifying the accuracy and setting forth in reasonable detail the following information for each month of the Prior Twelve Month Period: (a) the percentage of Excel Xclusive Origination Service traffic in each LATA or OCN, RBOC, and non-RBOC; and (b) the percentage of Excel Xclusive Termination Service traffic in each LATA or OCN, RBOC, and non-RBOC. If IXC fails to provide such information to Excel within 30 days of the Effective Date, Excel shall so notify IXC and IXC shall have 45 days from the date of such notice to provide the information as specified in the immediately proceeding sentence or this Section 1.5 shall be deleted in its entirety and shall have no force and effect. The parties hereto hereby agree that they will mutually agree upon applicable ratios and cure periods for the Xnet Services as it pertains to RBOC termination and origination and in no event shall the ratios and cure periods for originating and terminating Xnet Services minutes be more restrictive on Excel than those specified in this Section 1.5. IXC hereby acknowledges and agrees that, when measured on a monthly basis, the following is true and correct for each month of the Prior Twelve Month Period: (i) at least * of Excel's Xclusive Termination Service minutes terminates in a RBOC (as hereinafter defined) and (ii) at least * of Excel's Xclusive Origination Service minutes originates in a RBOC and but for this representation Excel would not have entered into this Agreement. Notwithstanding anything to the contrary contained herein, the parties hereby agre...
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RBOC Termination/Origination. Following Start of Service for CLASSIC 2000 END USER DEDICATED 1 + and TOLL FREE Service, Customer will maintain at least * of the minutes of traffic (during any calendar month or pro rata portion thereof) for termination or origination in a Tandem owned and operated by a Regional Xxxx Operating Company ("RBOC Terminations/Originations") and subject to such RBOC's tariffed access charges. MCI WorldCom shall have the right to apply a * per minute surcharge to the number of minutes by which Non-RBOC Terminations/Originations exceed * of total monthly minutes for each of the following Services: CLASSIC 2000 END USER DEDICATED 1+ and TOLL FREE Service.
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Related to RBOC Termination/Origination

  • Agreement Termination This Agreement will be in effect for an indefinite period and may be terminated as to new reinsurance at any time by either party giving ninety (90) days written notice of termination. The day the notice is mailed to the other party's home office, or, if the mail is not used, the day it is delivered to the other party's home office or to an officer of the other party will be the first day of the ninety (90) day period. During the ninety (90) day period, this Agreement will continue to operate in accordance with its terms.

  • Term Termination 8.1 This Agreement shall be effective as of the date hereof and shall continue in force until terminated in accordance with the provisions herein.

  • Automatic Termination This Agreement shall automatically and immediately terminate in the event of its “assignment” (as defined in the 1940 Act).

  • Term; Termination of Agreement This Agreement shall continue in force for a period of one year from the date hereof, subject to an unlimited number of successive one-year renewals upon mutual consent of the parties. It is the duty of the Independent Directors to evaluate the performance of the Advisor annually before renewing the Agreement, and each such renewal shall be for a term of no more than one year.

  • Term, Termination and Modification This Agreement is effective for the time period indicated on Appendix A, unless sooner terminated as provided below in this Paragraph. This Agreement may be terminated by mutual agreement of the parties at any time or by the Registrant on behalf of any one or more of the Funds upon thirty (30) days’ written notice to the Adviser. In addition, this Agreement shall terminate with respect to a Fund upon termination of the Advisory Agreement with respect to such Fund.

  • 1Termination This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before the fifth (5th) Trading Day following the date hereof; provided, however, that no such termination will affect the right of any party to xxx for any breach by any other party (or parties).

  • Termination; General The Underwriter may terminate this Agreement by notice to the Fund, at any time at or prior to Closing Time (i) if there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Fund or the Adviser, whether or not arising in the ordinary course of business, or (ii) if there has occurred any material adverse change in the financial markets in the United States or the international financial markets, any outbreak of hostilities or escalation thereof or other calamity or crisis or any change or development involving a prospective change in national or international political, financial or economic conditions, in each case the effect of which is such as to make it, in the judgment of the Underwriter, impracticable to market the Shares or to enforce contracts for the sale of the Shares, or (iii) if trading in any securities of the Fund has been suspended or materially limited by the Commission or the New York Stock Exchange, or if trading generally on the American Stock Exchange or the New York Stock Exchange or in the Nasdaq National Market has been suspended or materially limited, or minimum or maximum prices for trading have been fixed, or maximum ranges for prices for securities have been required, by any of said exchanges or by such system or by order of the Commission, the National Association of Securities Dealers, Inc. or any other governmental authority, or (iv) if a banking moratorium has been declared by either Federal or New York authorities.

  • Amendment Termination Etc This Agreement may not be orally amended, modified, extended or terminated, nor shall any oral waiver of any of its terms be effective. This Agreement may be amended, modified or extended, and the provisions hereof may be waived, only by an agreement in writing signed by the Company and the Shareholders that hold a majority of the Registrable Securities held by all the Shareholders; provided, however, that any amendment, modification, extension or waiver (an “Amendment”) shall also require the consent of any Shareholder who would be disproportionately and adversely affected thereby. Each such Amendment shall be binding upon each of the Parties and each Holder subject hereto. In addition, each of the Parties and each Holder subject hereto may waive any right hereunder by an instrument in writing signed by such party or holder. This Agreement may be terminated only by an agreement in writing signed by the Company and each of the Shareholders who then hold Registrable Securities. No termination under this Agreement shall relieve any Person of liability for breach prior to termination. In the event this Agreement is terminated, each person entitled to indemnification or contribution under this Agreement shall retain such indemnification and contribution rights respect to any matter that (i) may be an indemnified liability thereunder and (ii) occurred prior to such termination.

  • Amendment; Termination (a) This Addendum (including the Schedules hereto) may not be amended without the prior written consent of the Majority Japan Local Currency Banks hereunder and subject to the provisions of Section 8.01 of the Credit Agreement.

  • CONTRACT TERMINATION This Contract will terminate:

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