Common use of SUBMITTAL FOR CONSENT Clause in Contracts

SUBMITTAL FOR CONSENT. If FirstWorld desires to Transfer this Agreement, then, unless Irvine's consent is not required hereunder for such Transfer, FirstWorld shall notify Irvine at least thirty (30) days in advance of the proposed Transfer and shall submit to Irvine concurrently with such notice: (a) the name and address of the proposed transferee, (b) financial statements for the proposed transferee, (c) a description of the proposed transferee's business experience in the telecommunications industry, (d) a copy of the proposed instrument effecting the Transfer and (e) such other information as Irvine may reasonably request in connection with its review of the proposed Transfer. Within thirty (30) days after Irvine's receipt of such information, Irvine may consent to the proposed Transfer or disapprove of the proposed Transfer. If Irvine disapproves of the proposed Transfer, Irvine's notice of disapproval shall specify its reasons for disapproving of the same. Any failure by Irvine to consent to or disapprove such Transfer within such thirty (30) day period shall be deemed to constitute Irvine's consent to such Transfer. FirstWorld acknowledges that this Agreement is being entered into by Irvine to provide telecommunications service to the Spectrum, and any Additional Areas, and that it shall be reasonable for Irvine to withhold its consent to a proposed Transfer if Irvine reasonably determines that the proposed transferee will be unable to provide such service at such level and quality as is then reasonably expected by occupants of Spectrum and any Additional Areas.

Appears in 2 contracts

Samples: Firstworld Communications Inc, Firstworld Communications Inc

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SUBMITTAL FOR CONSENT. If FirstWorld desires to Transfer this Agreement, then, then unless Irvine's consent is not required hereunder for such Transfer, FirstWorld shall notify Irvine at least thirty (30) days in advance of the proposed Transfer and shall submit to Irvine concurrently with such notice: (a) the name and address of the proposed transferee, (b) financial statements for the proposed transferee, (c) a description of the proposed transferee's business experience in the telecommunications industry, (d) a copy of the proposed instrument effecting the Transfer and (e) such other information as Irvine may reasonably request in connection with its review of the proposed Transfer. Within thirty (30) days after Irvine's receipt of such information, Irvine may consent to the proposed Transfer or disapprove of the proposed Transfer. If Irvine disapproves of the proposed Transfer, Irvine's notice of disapproval shall specify its reasons for disapproving of the same. Any failure by Irvine to consent to or disapprove such Transfer within such thirty (30) day period shall be deemed to constitute Irvine's consent to such Transfer. FirstWorld acknowledges that this Agreement is being entered into by Irvine to provide telecommunications service to the Spectrum, and any Additional Areas, and that it shall be reasonable for Irvine to withhold its consent to a proposed Transfer if Irvine reasonably determines that the proposed transferee will be unable to provide such service at such level and quality as is then reasonably expected by occupants of Spectrum and any Additional Areas.

Appears in 2 contracts

Samples: System License Agreement (Firstworld Communications Inc), System License Agreement (Firstworld Communications Inc)

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