REGULATORY CONTINGENCIES. 26.1 Neither Party shall be liable for any delay or failure in performance by it which results from requirements of Applicable Law, or acts or failures to act of any governmental entity or official. 26.2 In the event that any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision. 26.3 In the event that any legislative, regulatory, judicial or other governmental action materially affects any material terms of this Agreement, the ability of either Party to perform any material terms of this Agreement, or the rights or obligations of either Party under this Agreement, the Parties shall take such action as shall be necessary to conform this Agreement to the governmental action and/or to permit Xxxx Atlantic to continue to provide and Reseller to continue to purchase Xxxx Atlantic Services, including, but not limited to, conducting good faith negotiations to enter into a mutually acceptable modified or substitute agreement, filing tariffs, or additional, supplemental or modified tariffs, and making other required filings with governmental entities. 26.4 In the event of a governmental action described in Section 26.3, above, to the extent permitted by Applicable Law, Xxxx Atlantic shall continue to provide and Reseller shall continue to subscribe to, use and pay for, any Xxxx Atlantic Services affected by the governmental action until the action to be taken by Xxxx Atlantic and Reseller under Section 26.3, above, is taken and becomes effective in accordance with Applicable Law. Such continued provision of and subscription to, use of and payment for, the affected Xxxx Atlantic Services shall be in accordance with the terms (including prices) of this Agreement, unless other terms, including but not limited to the terms of a Xxxx Atlantic Tariff, are required by Applicable Law. 26.5 If suspension or termination of the provision of any Xxxx Atlantic Service is required by or as a result of a governmental action, such suspension or termination shall not affect Reseller's subscription to, use or obligation to pay for, other Xxxx Atlantic Services, unless such suspension or termination has a material, adverse effect on Reseller's ability to use the other Xxxx Atlantic Services. 26.6 If any of the Xxxx Atlantic Services to be provided by Xxxx Atlantic pursuant to a tariff shall at any time become detariffed or deregulated, Xxxx Atlantic may transfer the provisions of the tariff relative to such Xxxx Atlantic Services to a Xxxx Atlantic "Guide for Detariffed Services" or similar document, and such "Guide for Detariffed Services" or similar document, as amended by Xxxx Atlantic from time-to- time, shall become a part of this Agreement.
Appears in 6 contracts
Samples: Resale Agreement (Onepoint Communications Corp /De), Resale Agreement (Onepoint Communications Corp /De), Resale Agreement (Essential Com Inc)
REGULATORY CONTINGENCIES. 26.1 Neither Party shall be liable for any delay or failure in performance by it which results from requirements of Applicable Law, or acts or failures to act of any governmental entity or official.
26.2 In the event that any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision.
26.3 In the event that any legislative, regulatory, judicial or other governmental action materially affects any material terms of this Agreement, the ability of either Party to perform any material terms of this Agreement, or the rights or obligations of either Party under this Agreement, the Parties shall take such action as shall be necessary to conform this Agreement to the governmental action and/or to permit Xxxx Atlantic to continue to provide and Reseller to continue to purchase Xxxx Atlantic Services, including, but not limited to, conducting good faith negotiations to enter into a mutually acceptable modified or substitute agreement, filing tariffs, or additional, supplemental or modified tariffs, and making other required filings with governmental entities.
26.4 In the event of a governmental action described in Section 26.3, above, to the extent permitted by Applicable Law, Xxxx Atlantic shall continue to provide and Reseller shall continue to subscribe to, use and pay for, any Xxxx Atlantic Services affected by the governmental action until the action to be taken by Xxxx Atlantic and Reseller under Section 26.3, above, is taken and becomes effective in accordance with Applicable Law. Such continued provision of and subscription to, use of and payment for, the affected Xxxx Atlantic Services shall be in accordance with the terms (including prices) of this Agreement, unless other terms, including but not limited to the terms of a Xxxx Atlantic Tariff, are required by Applicable Law.
26.5 If suspension or termination of the provision of any Xxxx Atlantic Service is required by or as a result of a governmental action, such suspension or termination shall not affect Reseller's ’s subscription to, use or obligation to pay for, other Xxxx Atlantic Services, unless such suspension or termination has a material, adverse effect on Reseller's ’s ability to use the other Xxxx Atlantic Services.
26.6 If any of the Xxxx Atlantic Services to be provided by Xxxx Atlantic pursuant to a tariff shall at any time become detariffed or deregulated, Xxxx Atlantic may transfer the provisions of the tariff relative to such Xxxx Atlantic Services to a Xxxx Atlantic "“Guide for Detariffed Services" ” or similar document, and such "“Guide for Detariffed Services" ” or similar document, as amended by Xxxx Atlantic from time-to- to-time, shall become a part of this Agreement.
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
REGULATORY CONTINGENCIES. 26.1 Neither Party shall be liable for any delay or failure in performance by it which results from requirements of Applicable Law, or acts or failures to act of any governmental entity or official.
26.2 In the event that any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision.
26.3 In the event that any legislative, regulatory, judicial or other governmental action materially affects any material terms of this Agreement, the ability of either Party to perform any material terms of this Agreement, or the rights or obligations of either Party under this Agreement, the Parties shall take such action as shall be necessary to conform this Agreement to the governmental action and/or to permit Xxxx Atlantic to continue to provide and Reseller to continue to purchase Xxxx Atlantic Services, including, but not limited to, conducting good faith negotiations to enter into a mutually acceptable modified or substitute agreement, filing tariffs, or additional, supplemental or modified tariffs, and making other required filings with governmental entities.
26.4 In the event of a governmental action described in Section 26.3, above, to the extent permitted by Applicable Law, Xxxx Atlantic shall continue to provide and Reseller shall continue to subscribe to, use and pay for, any Xxxx Atlantic Services affected by the governmental action until the action to be taken by Xxxx Atlantic and Reseller under Section 26.3, above, is taken and becomes effective in accordance with Applicable Law. Such continued provision of and subscription to, use of and payment for, the affected Xxxx Atlantic Services shall be in accordance with the terms (including prices) of this Agreement, unless other terms, including but not limited to the terms of a Xxxx Atlantic Tariff, are required by Applicable Law.
26.5 If suspension or termination of the provision of any Xxxx Atlantic Service is required by or as a result of a governmental action, such suspension or termination shall not affect Reseller's subscription to, use or obligation to pay for, other Xxxx Atlantic Services, unless such suspension or termination has a material, adverse effect on Reseller's ability to use the other Xxxx Atlantic Services.
26.6 If any of the Xxxx Atlantic Services to be provided by Xxxx Atlantic pursuant to a tariff shall at any time become detariffed or deregulated, Xxxx Atlantic may transfer the provisions of the tariff relative to such Xxxx Atlantic Services to a Xxxx Atlantic "Guide for Detariffed Services" or similar document, and such "Guide for Detariffed Services" or similar document, as amended by Xxxx Atlantic from time-to- to time, shall become a part of this Agreement.
Appears in 2 contracts
Samples: Resale Agreement (Essential Com Inc), Resale Agreement (Essential Com Inc)
REGULATORY CONTINGENCIES. 26.1 Neither Party shall be liable for any delay or failure in performance by it which results from requirements of Applicable Law, or acts or failures to act of any governmental entity or official.
26.2 In the event that any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision.
26.3 In the event that any legislative, regulatory, judicial or other governmental action materially affects any material terms of this Agreement, the ability of either Party to perform any material terms of this Agreement, or the rights or obligations of either Party under this Agreement, the Parties shall take such action as shall be necessary to conform this Agreement to the governmental action and/or to permit Xxxx Atlantic to continue to provide and Reseller to continue to purchase Xxxx Atlantic Services, including, but not limited to, conducting good faith negotiations to enter into a mutually acceptable modified or substitute agreement, filing tariffs, or additional, supplemental or modified tariffs, and making other required filings with governmental entities.
26.4 In the event of a governmental action described in Section 26.3, above, to the extent permitted by Applicable Law, Xxxx Atlantic shall continue to provide and Reseller shall continue to subscribe to, use and pay for, any Xxxx Atlantic Services affected by the governmental action until the action to be taken by Xxxx Atlantic and Reseller under Section 26.3, above, is taken and becomes effective in accordance with Applicable Law. Such continued provision of and subscription to, use of and payment for, the affected Xxxx Atlantic Services shall be in accordance with the terms (including prices) of this Agreement, unless other terms, including but not limited to the terms of a Xxxx Atlantic Tariff, are required by Applicable Law.
26.5 If suspension or termination of the provision of any Xxxx Atlantic Service is required by or as a result of a governmental action, such suspension or termination shall not affect Reseller's subscription to, use or obligation to pay for, other Xxxx Atlantic Services, unless such suspension or termination has a material, adverse effect on Reseller's ability to use the other Xxxx Atlantic Services.
26.6 If any of the Xxxx Atlantic Services to be provided by Xxxx Atlantic pursuant to a tariff shall at any time become detariffed or deregulated, Xxxx Atlantic may transfer the provisions of the tariff relative to such Xxxx Atlantic Services to a Xxxx Atlantic "Guide for Detariffed Services" or similar document, and such "Guide for Detariffed Services" or similar document, as amended by Xxxx Atlantic from time-to- to-time, shall become a part of this Agreement.
Appears in 2 contracts
Samples: Resale Agreement (Essential Com Inc), Resale Agreement (Essential Com Inc)
REGULATORY CONTINGENCIES. 26.1 25.1 Neither Party shall be liable for any delay or failure in performance by it which results from requirements of Applicable Law, or acts or failures to act of any governmental entity or official.
26.2 25.2 In the event that any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision.
26.3 25.3 In the event that any legislative, regulatory, judicial or other governmental action materially affects any material terms of this Agreement, the ability of either Party to perform any material terms of this Agreement, or the rights or obligations of either Party under this Agreement, the Parties shall take such action as shall be necessary to conform this Agreement to the governmental action and/or to permit Xxxx Atlantic to continue to provide and Reseller to continue to purchase Xxxx Atlantic Services, including, but not limited to, conducting good faith negotiations to enter into a mutually acceptable modified or substitute agreement, filing tariffs, or additional, supplemental or modified tariffs, and making other required filings with governmental entities.
26.4 25.4 In the event of a governmental action described in Section 26.325.3, above, to the extent permitted by Applicable Law, Xxxx Atlantic shall continue to provide and Reseller shall continue to subscribe to, use and pay for, any Xxxx Atlantic Services affected by the governmental action until the action to be taken by Xxxx Atlantic and Reseller under Section 26.325.3, above, is taken and becomes effective in accordance with Applicable Law. Such continued provision of and subscription to, use of and payment for, the affected Xxxx Atlantic Services shall be in accordance with the terms (including prices) of this Agreement, unless other terms, including but not limited to the terms of a Xxxx Atlantic Tariff, are required by Applicable Law.
26.5 25.5 If suspension or termination of the provision of any Xxxx Atlantic Service is required by or as a result of a governmental action, such suspension or termination shall not affect Reseller's subscription to, use or obligation to pay for, other Xxxx Atlantic Services, unless such suspension or termination has a material, adverse effect on Reseller's ability to use the other Xxxx Atlantic Services.
26.6 25.6 If any of the Xxxx Atlantic Services to be provided by Xxxx Atlantic pursuant to a tariff shall at any time become detariffed or deregulated, Xxxx Atlantic may transfer the provisions of the tariff relative to such Xxxx Atlantic Services to a Xxxx Atlantic "Guide for Detariffed Services" or similar document, and such "Guide for Detariffed Services" or similar document, as amended by Xxxx Atlantic from time-to- to-time, shall become a part of this Agreement.
Appears in 2 contracts
Samples: Resale Agreement (Onepoint Communications Corp /De), Resale Agreement (Onepoint Communications Corp /De)