Common use of Stay or Reversal of the TRO Clause in Contracts

Stay or Reversal of the TRO. Notwithstanding any contrary provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, nothing contained in the Agreement, this Amendment, or any Verizon tariff or SGAT shall limit the Parties’Verizon’s rights to appeal, seek reconsideration of or otherwise seek to have stayed, modified, reversed or invalidated any order, rule, regulation, decision, ordinance or statute issued by the [***State Commission TXT***], the FCC, any court or any other governmental authority related to, concerning, or that may affect Verizon’s either Parties’ obligations or rights under the Agreement, this Amendment, any Verizon tariff or SGAT, or Applicable Law. The Parties acknowledge that certain provisions of the TRO are presently on appeal to the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”), and that a Writ of Mandamus relating to the TRO is presently pending before the D.C. Circuit. Notwithstanding any other change of law provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, should the D.C. Circuit or the United States Supreme Court issue a stay of any or all of the TRO’s provisions, any terms and conditions of this Amendment that relate to the stayed provisions shall be suspended, and shall have no force and effect, from the effective date of such stay until the stay is lifted, and for the duration of such stay the original provisions of the Agreement shall remain in effect as if they were not amended by this Amendment. Should the D.C. Circuit or the United States Supreme Court reverse or vacate any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed or vacated provisions shall be voidable at the election of either Party, and the original provisions of the Agreement shall become effective as if they had not been amended by this Amendment.

Appears in 1 contract

Samples: www.mass.gov

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Stay or Reversal of the TRO. Notwithstanding any contrary provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, nothing contained in the Agreement, this Amendment, or any Verizon tariff or SGAT shall limit the Parties’VerizonVerizon’s rights right to appeal, seek reconsideration of or otherwise seek to have stayed, modified, reversed or invalidated any order, rule, regulation, decision, ordinance or statute issued by the [***State Commission TXT***]Massachusetts Department of Telecommunications and Energy, the FCC, any court or any other governmental authority related to, concerning, concerning or that may affect Verizon’s either Parties’ obligations or rights under the Agreement, this Amendment, any Verizon tariff or SGAT, or Applicable Law. The Parties acknowledge that certain provisions of the TRO are presently on appeal to the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”), and that a Writ of Mandamus relating to the TRO is presently pending before the D.C. Circuit. Notwithstanding any other change of law provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, should the D.C. Circuit or the United States Supreme Court issue a stay of any or all of the TRO’s provisions, any terms and conditions of this Amendment that relate to the stayed provisions shall be suspended, and shall have no force and effect, from the effective date of such stay until the stay is lifted, and for the duration of such stay the original provisions of the Agreement shall remain in effect as if they were not amended by this Amendment. Should the D.C. Circuit or the United States Supreme Court reverse or vacate any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed or vacated provisions shall be voidable at the election of either Party, and the original provisions of the Agreement shall become effective as if they had not been amended by this Amendment.

Appears in 1 contract

Samples: www.mass.gov

Stay or Reversal of the TRO. Notwithstanding any contrary provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, nothing contained in the Agreement, this Amendment, or any Verizon tariff or SGAT shall limit the Parties’VerizonVerizoneither Party’s rights right to appeal, seek reconsideration of or otherwise seek to have stayed, modified, reversed or invalidated any order, rule, regulation, decision, ordinance or statute issued by the [***State Commission TXT***], the FCC, any court or any other governmental authority related to, concerning, concerning or that may affect VerizonVerizoneither Party’s either Parties’ obligations or rights under the Agreement, this Amendment, any Verizon tariff or SGAT, or Applicable Law. The Parties acknowledge that certain provisions of the TRO are presently on appeal to the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”), and that a Writ of Mandamus relating to the TRO is presently pending before the D.C. Circuit. Notwithstanding any other change of law provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, should the D.C. Circuit or the United States Supreme Court Courtany court or agency of competent jurisdiction issue a stay of any or all of the TRO’s provisions, any terms and conditions of this Amendment that relate to the stayed provisions shall be suspended, and shall have no force and effect, from the effective date of such stay until the stay is lifted, and for the duration of such stay the original provisions of the Agreement shall remain in effect as if they were not amended by this Amendment. Should the D.C. Circuit or the United States Supreme Court Court; and, while such terms and conditions are suspended, the terms and conditions of the Agreement shall be in effect to the same extent as if the provisions of this Amendment relating to the stayed provisions of the TRO had not been executed. Should any court or agency of competent jurisdiction reverse or vacate any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed or vacated provisions shall be voidable at the election of either PartyPartysubject to renegotiation pursuant to the change of law provisions of the Agreement. Pending such renegotiation, the terms and the original provisions conditions of the Agreement shall become effective be in effect to the same extent as if they the terms and conditions of this Amendment that relate to the reversed provisions had not been amended by this Amendmentexecuted.

Appears in 1 contract

Samples: www.mass.gov

Stay or Reversal of the TRO. Notwithstanding any contrary provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, nothing contained in the Agreement, this Amendment, or any Verizon tariff or SGAT shall limit the Parties’VerizonVerizon’s rights right to appeal, seek reconsideration of or otherwise seek to have stayed, modified, reversed or invalidated any order, rule, regulation, decision, ordinance or statute issued by the [***State Commission TXT***]Masschusetts Department of Telecommunications and Energy, the FCC, any court or any other governmental authority related to, concerning, concerning or that may affect Verizon’s either Parties’ obligations or rights under the Agreement, this Amendment, any Verizon tariff or SGAT, or Applicable Law. The Parties acknowledge that certain provisions of the TRO are presently on appeal to the United States Commonwealths Court of Appeals for the District Commonwealth of Columbia Massachusetts Circuit (the “D.C. Circuit”), and that a Writ of Mandamus relating to the TRO is presently pending before the D.C. Circuit. Notwithstanding any other change of law provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, should the D.C. Circuit or the United States Commonwealths Supreme Court issue a stay of any or all of the TRO’s provisions, any terms and conditions of this Amendment that relate to the stayed provisions shall be suspended, and shall have no force and effect, from the effective date of such stay until the stay is lifted, and for the duration of such stay the original provisions of the Agreement shall remain in effect as if they were not amended by this Amendment. Should the D.C. Circuit or the United States Commonwealths Supreme Court reverse or vacate any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed or vacated provisions shall be voidable at the election of either Party, and the original provisions of the Agreement shall become effective as if they had not been amended by this Amendment.

Appears in 1 contract

Samples: www.mass.gov

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Stay or Reversal of the TRO. Notwithstanding any contrary provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, nothing contained in the Agreement, this Amendment, or any Verizon tariff or SGAT shall limit the Parties’VerizonVerizon’s rights right to appeal, seek reconsideration of or otherwise seek to have stayed, modified, reversed or invalidated any order, rule, regulation, decision, ordinance or statute issued by the [***State Commission TXT***]Illinois Commerce Commission, the FCC, any court or any other governmental authority related to, concerning, concerning or that may affect Verizon’s either Parties’ obligations or rights under the Agreement, this Amendment, any Verizon tariff or SGAT, or Applicable Law. The Parties acknowledge that certain provisions of the TRO are presently on appeal to the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”), and that a Writ of Mandamus relating to the TRO is presently pending before the D.C. Circuit. Notwithstanding any other change of law provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, should the D.C. Circuit or the United States Supreme Court issue a stay of any or all of the TRO’s provisions, any terms and conditions of this Amendment that relate to the stayed provisions shall be suspended, and shall have no force and effect, from the effective date of such stay until the stay is lifted, and for the duration of such stay the original provisions of the Agreement shall remain in effect as if they were not amended by this Amendment. Should the D.C. Circuit or the United States Supreme Court reverse or vacate any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed or vacated provisions shall be voidable at the election of either Party, and the original provisions of the Agreement shall become effective as if they had not been amended by this Amendment.

Appears in 1 contract

Samples: www.icc.illinois.gov

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