Reasonableness, Consents and Approval. (a) Where this Agreement requires a Party to assist or cooperate, such requirement shall not be interpreted to require materially more than a commercially reasonable level of effort (i.e. the standard applicable will not be "best efforts" or "exhausting all available means"). (b) Except where expressly provided as being in the sole discretion of a Party, where agreement, approval, acceptance, consent, or similar action by either Party is required under this Agreement, such action shall not be unreasonably delayed or withheld. An approval or consent given by a Party under this Agreement shall not relieve the other Party from responsibility for complying with the requirements of this Agreement, nor shall it be construed as a waiver of any rights under this Agreement, except as and to the extent otherwise expressly provided in such approval or consent.
Appears in 6 contracts
Samples: Wireless Fibersm Iru Agreement (Winstar Communications Inc), Wireless Fiber Iru Agreement (Williams Communications Group Inc), Wireless Fiber Iru Agreement (Winstar Communications Inc)
Reasonableness, Consents and Approval. (a) Where this Agreement requires a Party party to assist or cooperate, such requirement shall not be interpreted to require materially more than a commercially reasonable level of effort (i.e. the standard applicable will not be "best efforts" or "exhausting all available means").
(b) Except where expressly provided as being in the sole discretion of a Partyparty, where agreement, approval, acceptance, consent, or similar action by either Party party is required under this Agreement, such action shall not be unreasonably delayed or withheld. An approval or consent given by a Party party under this Agreement shall not relieve the other Party party from responsibility for complying with the requirements of this Agreement, nor shall it be construed as a waiver of any rights under this Agreement, except as and to the extent otherwise expressly provided in such approval or consent.
Appears in 5 contracts
Samples: Iru Agreement (Williams Communications Group Inc), Iru Agreement (Winstar Communications Inc), Iru Agreement (Winstar Communications Inc)