Common use of Regulatory Controls Clause in Contracts

Regulatory Controls. 11.1 The Parties acknowledge and agree that the relevant MNO and the UK Office of Communications (Ofcom) have the right, (a) to access such Equipment to ensure it is being used in accordance with the licence under which the MNO is authorised to provide radio coverage solutions, (b) if there is a breach of such licence, or if the Equipment or the Services cause or contribute to undue interference with other radio equipment, or in times of national or local states of emergency: (i) require the MNO's Equipment to be modified, (ii) temporarily or permanently stop use of the MNO's Equipment, and/or (iii) deactivate any affected part of the Service, in its sole discretion. Where any such modification or deactivation is required: a. Freshwave shall have no liability to the extent of any such modification or deactivation, but shall not be otherwise relieved from its obligations under this Agreement; and b. where there is a material change to the Services or Freshwave's ability to provide the Services in accordance with this Agreement, the event shall be considered an MNO Event.

Appears in 3 contracts

Samples: Service Level Agreement, Service Level Agreement, Service Level Agreement

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Regulatory Controls. 11.1 The Parties acknowledge and agree that the relevant MNO and the UK Office of Communications (Ofcom) have the right, (a) to access such Equipment to ensure it is being used in accordance with the licence under which the MNO is authorised to provide radio coverage solutions, (b) if there is a breach of such licence, or if the Equipment or the Services cause or contribute to undue interference with other radio equipment, or in times of national or local states of emergency: (i) require the MNO's Equipment to be modified, (ii) temporarily or permanently stop use of the MNO's Equipment, and/or (iii) deactivate any affected part of the Service, in its sole discretion. Where any such modification or deactivation is required: a. Freshwave shall have no liability to the extent of any such modification or deactivation, but shall not be otherwise relieved from its obligations under this Agreement; and b. where there is a material change to the Services or Freshwave's ability to provide the Services in accordance with this Agreement, the event shall be considered an MNO Event.

Appears in 2 contracts

Samples: Das Service Description and Service Level Agreement, Das Service Description and Service Level Agreement

Regulatory Controls. 11.1 10.1. The Parties acknowledge and agree that the relevant MNO and the UK Office of Communications (Ofcom) have the right, (a) to access such Equipment to ensure it is being used in accordance with the licence under which the MNO is authorised to provide radio coverage solutions, (b) if there is a breach of such licence, or if the Equipment or the Services cause or contribute to undue interference with other radio equipment, or in times of national or local states of emergency: (i) require the MNO's Equipment to be modified, (ii) temporarily or permanently stop use of the MNO's Equipment, and/or (iii) deactivate any affected part of the Service, in its sole discretion. Where any such modification or deactivation is required: a. Freshwave shall have no liability to the extent of any such modification or deactivation, but shall not be otherwise relieved from its obligations under this Agreement; and b. where there is a material change to the Services or Freshwave's ability to provide the Services in accordance with this Agreement, the event shall be considered an MNO Event.

Appears in 1 contract

Samples: Service Level Agreement

Regulatory Controls. 11.1 10.1 The Parties acknowledge and agree that the relevant MNO and the UK Office of Communications (Ofcom) have the right, (a) to access such Equipment to ensure it is being used in accordance with the licence under which the MNO is authorised to provide radio coverage solutions, (b) if there is a breach of such licence, or if the Equipment or the Services cause or contribute to undue interference with other radio equipment, or in times of national or local states of emergency: (i) require the MNO's Equipment to be modified, (ii) temporarily or permanently stop use of the MNO's Equipment, and/or (iii) deactivate any affected part of the ServiceServices, in its sole discretion. Where any such modification or deactivation is required: a. Freshwave shall have no liability to the extent of any such modification or deactivation, but shall not be otherwise relieved from its obligations under this Agreement; and b. where there is a material change to the Services or Freshwave's ability to provide the Services in accordance with this Agreement, the event shall be considered an MNO Event.

Appears in 1 contract

Samples: Service Level Agreement

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Regulatory Controls. 11.1 9.1 The Parties acknowledge and agree that the relevant MNO and the UK Office of Communications (Ofcom) have the right, (a) to access such Equipment to ensure it is being used in accordance with the licence under which the MNO is authorised to provide radio coverage solutions, (b) if there is a breach of such licence, or if the Equipment or the Services cause or contribute to undue interference with other radio equipment, or in times of national or local states of emergency: (i) require the MNO's Equipment to be modified, (ii) temporarily or permanently stop use of the MNO's Equipment, and/or (iii) deactivate any affected part of the Service, in its sole discretion. Where any such modification or deactivation is required: a. Freshwave shall have no liability to the extent of any such modification or deactivation, but shall not be otherwise relieved from its obligations under this Agreement; and b. where there is a material change to the Services or Freshwave's ability to provide the Services in accordance with this Agreement, the event shall be considered an MNO Event.

Appears in 1 contract

Samples: Service Level Agreement

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