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 Verizon’s 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 Illinois Commerce Commission, the FCC, any court or any other governmental authority related to, concerning or that may affect Verizon’s obligations 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. Should the D.C. Circuit or the United States Supreme Court reverse any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed provisions shall be voidable at the election of either Party.

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 Verizon’s 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 Illinois Commerce CommissionMassachusetts Department of Telecommunications and Energy, the FCC, any court or any other governmental authority related to, concerning or that may affect Verizon’s obligations 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. Should the D.C. Circuit or the United States Supreme Court reverse any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed provisions shall be voidable at the election of either Party.

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 Verizon’s 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 Illinois Commerce CommissionMasschusetts Department of Telecommunications and Energy, the FCC, any court or any other governmental authority related to, concerning or that may affect Verizon’s obligations 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. Should the D.C. Circuit or the United States Commonwealths Supreme Court reverse any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed provisions shall be voidable at the election of either Party.

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 Verizonthe Parties’Verizon’s right 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 Illinois Commerce Commission[***State Commission TXT***], 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.

Stay or Reversal of the TRO. Notwithstanding any contrary provision in the Agreement, this Amendment, the Parties’ tariffs or any Verizon tariff or SGAT, nothing contained in the Agreement, this Amendment, or any Verizon tariff or SGAT Amendment shall limit Verizon’s either Parties’ 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 Illinois Commerce Commission***State Commission TXT***, the FCC, any court or any other governmental authority related to, concerning or that may affect Verizon’s either Parties’ obligations under the Agreement, this Amendment, any a tariff, 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. . 6.1 Notwithstanding any other change of law provision in the Agreement, this Amendment, tariff 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. Should the D.C. Circuit or the United States Supreme Court reverse and vacate any or all of the TRO’s provisions, then any terms and conditions of this Amendment that relate to the reversed and vacated provisions shall be voidable at the written election of either Party. 6.2 Except as provided in Section 1.3, should the D.C. Circuit or the United States Supreme Court remand any or all of the TRO’s provisions to the FCC for further proceedings without vacating those provisions, the terms and conditions of this Amendment that relate to the remanded provisions shall remain in effect during the pendency of the remand proceeding. In the event of a stay, or reversal and vacatur, ***CLEC Acronym TXT*** shall purchase and access UNEs and related services in accordance with the terms of the Agreement and the remaining effective terms of this Amendment, and/or, at ***CLEC Acronym TXT***’s option, Verizon’s tariffs and SGATs.

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 VerizonVerizoneither Party’s 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 Illinois Commerce Commission[***State Commission TXT***], the FCC, any court or any other governmental authority related to, concerning or that may affect VerizonVerizoneither Party’s obligations 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. 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 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 conditions of the Agreement shall be in effect to the same extent as if the terms and conditions of this Amendment that relate to the reversed provisions had not been executed.