Termination by Qwest Sample Clauses
Termination by Qwest. In addition to any other rights hereunder, Qwest may terminate this Agreement and/or the Service without waiving any rights set forth in this Agreement or the Tariff, if applicable, as follows:
(1) Qwest may terminate this Agreement or the Services immediately without notice if: (1) Qwest is prohibited from furnishing such Services, or (2) if any material Rate, Charge or term of such services is substantially changed by order of the highest court of competent jurisdiction to which the matter is appealed, a legitimate regulatory body, or any other foreign, federal, state or local government authority.
(2) Qwest may terminate this Agreement or the Services in accordance with the terms of Qwest's Tariff, if applicable, and only with respect to the Services affected by such Tariff. Customer acknowledges that such discontinuance may result in termination of its own services to own End Users.
(3) Qwest may terminate this Agreement or the Services immediately, without providing Customer with prior notice or an opportunity to cure, under any of the following circumstances: QWEST CONFIDENTIAL AND PROPRIETARY CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS. QWEST COMMUNICATIONS CORPORATION CARRIER SERVICES AGREEMENT
(i) Customer fails to pay any Invoice (as hereinafter defined) or any portion thereof or any Charges to Qwest when due under and in accordance with this Agreement and the relevant Service terms and conditions, other than that otherwise specified within the relevant sections relating to such payments.
(ii) Customer becomes or is declared insolvent or bankrupt, is the subject of any proceedings related to its liquidation, insolvency or for the appointment of a receiver or similar officer for it, makes an assignment for the benefit of all or substantially all of its creditors, or enters into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations.
(iii) In the event of a Change of Control of Customer, unless such change is otherwise permitted under the "Assignment" Section under this Agreement. For the purposes of this Agreement, "Change of Control" shall be deemed to have occurred with respect to Customer if: (X) any entity having previously Controlled (as hereinafter defined) by Customer, ceases to do so; (Y) any entity acquires Control of Customer (whether by reason of acquisition, merger, reorganization, operation of law or...
Termination by Qwest. Qwest may terminate this Agreement, in whole or in part, for Cause upon notice and applicable right to cure (as set forth in this Agreement). In addition, Qwest may, immediately and without notice, terminate any or all Services provided pursuant to this Agreement to any foreign entity (i.e. not incorporated, formed or organized in the United States) that is or becomes Insolvent. If Qwest terminates this Agreement for any of the aforementioned reasons, Customer shall be obligated to pay the following: (i) any early termination fees due under any Service Exhibit; and (ii) any charges accrued but unpaid as of the termination date.
Termination by Qwest. Qwest may terminate this Agreement if any one of the following occur: (i) if KMC violates in any material respect any material covenant or material obligation of KMC in this Agreement or any material representation or material warranty made by KMC in this Agreement proves to have been incorrect or misleading in any material respect when made and KMC fails to cure such failure or violation within [text deleted] after receipt of written notice from Qwest or, if such breach cannot be cured within [text deleted] using all commercially reasonable efforts, then KMC shall have an additional [text deleted] (for a possible total of [text deleted] to cure such failure or violation; (ii) if KMC becomes insolvent or admits in writing its inability to pay debts as they mature, or makes an assignment for the benefit of creditors and as a result thereof KMC fails to meet its obligations to provide Port Access Services under this Agreement; (iii) if a petition under any foreign, state or United States bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed by KMC and as a result thereof KMC fails to meet its obligations to provide Port Access Services under this Agreement; or (iv) if such a petition is filed against KMC by any third party and such application is not resolved favorably to such other party within sixty (60) days and as a result thereof KMC fails to meet its obligations to provide Port Access Services under this Agreement.
Termination by Qwest a. This Agreement may be terminated by Qwest: i) upon at least ten (10) days prior written notice by Qwest for breach by Representative of any provision of this Agreement, unless such breach has been cured by Representative within the notice period: (ii) immediately upon written notice by Qwest (A) if Representative participates or engages in any activity relating to fraud against Qwest or if Representative falsifies or forges any order for service; (B) for insolvency, bankruptcy, receivership, dissolution or death of Representative or Representative's attempted assignment of the Agreement without Qwest's prior written consent; (C) in the event Qwest discovers any irregular marketing activity by Representative or any irregular activity by current or prospective Subscribers solicited by Representative; or (D) if Representative fails to comply with the provisions set forth in Sections 5.e. 6.a(6), 7, 8 or Addendum B-2 of this Agreement; (iii) upon thirty (30) days prior written notice by Qwest in the event that Representative fails to achieve and to maintain any applicable minimum requirement as set forth in the applicable commission addendum. For purposes of this Agreement, 'irregular marketing activity1 shall refer to any marketing activity that violates any federal, state, or local law, any Qwest policy communicated via Q.Partner. or the terms of this Agreement. For purposes of this Agreement, "irregular activity by current or prospective Subscribers" shall refer to any activity of any Subscriber that violates any federal, state or local law, the terms of this Agreement or the terms of Qwest's Acceptable Use Policy, if applicable, if such activity is under the direction of Representative or based on a representation made by Representative.
b. In the event a Sub-Agent (as defined) (i) participates or engages in any activity relating to fraud against Qwest; (ii) falsifies or forges any order for service; (iii) engages in any Irregular Marketing Activity, or any other activity that is in violation of any federal, state or local law; or (iv) breaches any material provision of this Agreement, then this Agreement may be terminated by Qwest upon at least ten (10) days prior written notice by Qwest, unless within such ten (10) day cure period Representative (A) terminates such Sub-Agent from all participation in, and association of any kind with this Qwest sales and marketing program, and (B) delivers to Qwest sufficient proof, to Qwest's reasonable satisfaction,...
Termination by Qwest. Qwest may terminate this Agreement immediately and without notice: (a) if Customer is or becomes Insolvent; or (b)
Termination by Qwest. Qwest may terminate this Agreement at any time by written notice to PHONE 1 upon the occurrence of any of the following: (i) immediately upon the effective date of the terminaation of all of PHONE 1's contracts with the Praqiders; (ii) any material breach of this Agreement by PHONE 1 and the failure by PHONE 1 to effectively cure such breach within thirty (30) days of written notice thereof by Qwest: (iii) immediately upon any willful misconduct, gross negligence, or unethical behavior by PHONE 1 or any Provider which adversely affects the business or reputation of Qwest; or (iv) immediately upon the insolvency or dissolution of PHONE 1.