CROSS-REFERENCE TABLE TIA Section Indenture Section
HEADINGS FOR REFERENCE ONLY The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of this Agreement.
REFERENCE TABLE Trust Indenture Act of 1939 Indenture Section Section ------- ------- 310(a).........................................................................................................6.11 310(b).........................................................................................................6.11 310(c).........................................................................................................N.A. 311(a).........................................................................................................6.12 311(b).........................................................................................................6.12 311(c).........................................................................................................N.A. 312(a)...................................................................................................7.01, 7.02 312(b).........................................................................................................7.02 312(c).........................................................................................................7.02 313(a).........................................................................................................7.04 313(b).........................................................................................................7.04 313(c).........................................................................................................7.04 314(a).........................................................................................................7.03 314(b)...................................................................................................3.05, 7.03 314(c)........................................................................................................11.01 314(d)........................................................................................................11.01 314(e)........................................................................................................11.01 314(f).........................................................................................................N.A. 315(a).........................................................................................................6.01 315(b).........................................................................................................6.05 315(c).........................................................................................................6.01 315(d).........................................................................................................6.01 315(e).........................................................................................................5.14 316(a)...................................................................................................2.07, 5.04 316(b).........................................................................................................9.02 316(c).........................................................................................................N.A. 317(a).........................................................................................................5.03 317(b).........................................................................................................3.03 318(a)........................................................................................................
Cross-References References in this Amendment to any Article or Section are, unless otherwise specified, to such Article or Section of this Amendment.
Headings; References; Interpretation All Article and Section headings in this Agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any of the provisions hereof. The words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement. All references herein to Articles and Sections shall, unless the context requires a different construction, be deemed to be references to the Articles and Sections of this Agreement, respectively. All personal pronouns used in this Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders, and the singular shall include the plural and vice versa. The use herein of the word “including” following any general statement, term or matter shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation,” “but not limited to,” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter.
Definitions; References Unless otherwise defined in this Agreement, each term used in this Agreement which is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement.
Nxxxx X Xxxxxxx is hereby designated as the Chief Executive Officer and Chief Financial Officer and Jxxx Xxxxxxxxx is designated the General Counsel and Secretary of the Company, each to serve in such capacity until his earlier death, resignation or removal from office.
Tariff References 3.5.1 References to state tariffs throughout this Agreement shall be to the currently effective tariff for the state or jurisdiction in which the services were provisioned; provided however, where certain AT&T-21STATE services or tariff provisions have been or become deregulated or detariffed, any reference in this Agreement to a detariffed or deregulated service or provision of such tariff shall be deemed to refer to the service description, price list or other agreement pursuant to which AT&T-21STATE provides such services as a result of detariffing or deregulation. 3.5.2 Wherever the term “customer” is used in connection with AT&T-21STATE’s retail tariffs, the term “customer” means the ultimate consumer or the End User of any tariffed service. 3.5.3 No reference to tariffs in this Agreement shall be interpreted or construed as permitting CLEC to purchase Interconnection Services, under such tariff. Except where expressly permitted elsewhere in this Agreement, notwithstanding the availability of Interconnection Services under tariffs in some AT&T-21STATE incumbent ILEC states, CLEC agrees that any purchase of Interconnection Services addressed by this Agreement or required to be offered by AT&T-21STATE under Section 251 of the Act, shall be purchased solely pursuant to the terms, condition and rates set forth in this Agreement. To the extent that complete terms, conditions and/or rates for any Interconnection Service are not contained in this Agreement at the time CLEC seeks to order such services, the Parties shall amend this Agreement to include such terms, conditions and rates prior to CLEC submitting such order. The rates for Interconnection Services inadvertently or improperly ordered prior to an agreement of the Parties on terms, conditions and/or rates is addressed in the Pricing Schedule.
MODEL PREAMBLES The tenderer is referred to the "Model Preambles for Trades 2008" for supplementary and comprehensive expansion of descriptions, appropriate provision for which shall be deemed to have been included in all relevant rates Proprietary products shall be used as specified. Substitute products of similar quality and specification may only be used with prior approval by the Principal Agent. The material to be excavated is assumed to be predominantly of a composition that will allow excavation in "earth" as specified, but including a percentage of excavation in "soft rock" and "hard rock". Descriptions of carting away of excavated material shall be deemed to include loading excavated material onto trucks directly from the excavations, or alternatively, from stock piles situated on the building site.
Topic Description Notices All notices must be in writing (with electronic mail or Xxxxxx Xxx postings to Xxxxxx Mae internet sites deemed to be a "writing" for this purpose) and delivered by (a) hand, (b) a reputable overnight courier (fees prepaid), (c) first class United States mail, registered or certified mail, return receipt requested (postage prepaid), (d) electronic mail, or (e) posting by Xxxxxx Xxx to an applicable Xxxxxx Mae internet site. Any notice directed to Xxxxxx Xxx shall be addressed to "Xxxxxx Mae Legal Department, Attn: Official Contract Notice,” at Xxxxxx Mae’s corporate headquarters or to an e‐mail address confirmed in writing by Xxxxxx Mae as valid for receipt of notices. Except as provided in (e) above, any notice directed to Licensee shall be addressed to a Corporate Administrator at an address or electronic mail address provided to Xxxxxx Xxx by Licensee or Licensee’s corporate headquarters. Issued Bulletins; Amendments Xxxxxx Mae may issue hard‐copy bulletins or electronic bulletins (via electronic mail or posted to an applicable Xxxxxx Xxx internet site) amending the Agreement on a prospective basis, effective on the date specified by Xxxxxx Mae in the bulletin. Each bulletin will be issued at least 20 calendar days before its effective date, except for bulletins granting license rights in additional licensed applications and those relating to software and other materials provided by Third‐Party Licensors, which may be issued at any time prior to their effective date. Licensee may reject any bulletin by providing written notice to Xxxxxx Xxx within 15 calendar days after receipt of such bulletin, in which case Xxxxxx Mae may terminate the Agreement or any affected Schedule(s) effective as of the effective date of the bulletin. Unless Licensee provides such rejection notice within the 15‐ day period, Licensee is deemed to have accepted such amendments, and such amendments will form part of the Agreement as of the effective date of such bulletin. Licensee’s continued use of any affected Licensed Application is an acknowledgment of its acceptance. Otherwise, the terms of the Agreement may be amended solely by a writing executed by a duly authorized representative of each party to be bound thereby. The Agreement may not be amended by any purchase order or other written instrument submitted by Licensee, whether or not formally rejected by Xxxxxx Xxx. Entire Agreement; Priority The Agreement constitutes the complete and exclusive statement of the agreement between the parties regarding the subject matter of each Schedule (or, if no Schedule has been entered into, regarding access to Xxxxxx Mae’s Topic Description technology and systems), and supersedes all prior or contemporaneous communications, proposals or agreements, oral or written, relating to the subject matter of the Agreement. Without further action on the part of either party, any (a) schedules entered into pursuant to such agreement(s) are deemed to be Schedules under the Master Terms and (b) references in any Schedules and associated forms to “Licensed Software” are deemed to be references to “Licensed Application.” If there is any conflict between a term or condition of any Schedule and the Master Terms, the term or condition contained in the Schedule will take precedence over the conflicting term or condition of the Master Terms, but only in connection with the Licensed Materials that are governed by that Schedule. Jurisdiction; Waiver of Jury Trial All disputes between the parties that cannot be settled by mutual agreement must be resolved solely and exclusively in the courts located within the state of New York, and Licensee hereby consents to the jurisdiction of such courts and irrevocably waives any objections thereto, including on the basis of improper venue or forum non conveniens. EACH OF THE PARTIES IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT. Third‐Party Beneficiaries Applicable Third‐Party Licensors are intended beneficiaries of the Agreement and may rely upon and directly enforce the terms and conditions of the Agreement to the extent it affects their rights or obligations. There are no other third party beneficiaries of the Agreement. U.S. Government If Licensee is any unit or agency of the U.S. Government, the Licensed Materials are provided as “commercial computer software” and “commercial computer software documentation,” respectively, under FAR 12.212 and, accordingly, use, duplication, and disclosure of the Licensed Materials by the U.S. Government is subject to restrictions set forth in the Agreement. Foreign Users Licensee is responsible for ensuring that the Licensed Materials are not used by any national (citizen or lawful permanent resident) of “Country Group E,” as that term is defined by the Export Administration Regulations, 15 C.F.R. 740 et. seq., nor may Licensee take any steps to facilitate such use. No Implied Waiver No term, provision or clause of the Agreement will be deemed waived and no breach excused unless such waiver or excuse is in writing and executed by a duly authorized representative of the party to be bound by it. Any waiver by a party of a breach by the other does not constitute a consent to, waiver of, or excuse for any different or subsequent breach. Independent Parties The parties are independent contractors. Nothing in the Agreement will be construed to make the parties partners, joint venturers, representatives or agents of each other, nor may either party so represent to any third person. Third‐Party Providers and Xxxxxx Xxx are not partners, joint venturers, representatives or agents of each other.