Termination for Nonperformance or Breach. 8.3.1 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection Services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written Notice thereof. If the nonperforming Party fails to cure such nonperformance or breach within the forty-five (45) calendar day period provided for within the original Notice, then the terminating Party will provide a subsequent written Notice of the termination of this Agreement and such termination shall take effect immediately upon delivery of written Notice to the other Party.
8.3.2 If, at any time during the term of this Agreement, AT&T-21STATE is unable to contact CLEC pursuant to the Notices provision hereof or any other contact information provided by CLEC under this Agreement, and there are no active services being provisioned under this Agreement, then AT&T-21STATE may, at its discretion, terminate this Agreement, without any liability whatsoever, upon sending of notification to CLEC pursuant to the Notices Section hereof.
Termination for Nonperformance or Breach. 7.3.1 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection Services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written Notice thereof. If the nonperforming Party fails to cure such nonperformance or breach within the forty-five (45) calendar day period provided for within the original Notice, then the terminating Party will provide a subsequent written Notice of the termination of this Agreement and such termination shall take effect immediately upon delivery of written Notice to the other Party.
Termination for Nonperformance or Breach. 8.3.1 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Product and/or Services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty- five (45) calendar days after written Notice thereof. If the Party against which the claim of nonperformance or breach is made materially and in good faith disagrees with the claim, it shall notify the claiming Party of its disagreement in writing by 5:00p.m. Central Time of the 14th day following receipt of the nonperformance/breach notice, providing with specificity the basis for its disagreement, and the dispute shall then be resolved between the Parties pursuant to Secti1o1n (as to billing disputes) and Section 8 above. If the nonperformance/breach is not disputed in a timely manner, the Party shall cure the nonperformance/breach and certify in writing to the other by deadline on the 45th day that the nonperformance/breach has been cured. If the nonperforming Party fails to cure such nonperformance or breach within the forty-five (45) calendar day period provided for within the original Notice, then the terminating Party will provdie a subsequent written Notice of the rtemination of this Agreement and such termination shall take effect immediately upon delivery of written Notice to the other Party.
Termination for Nonperformance or Breach. 8.3.1 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection Services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after the conclusion of dispute resolution processes set forth under Section 13 of this Agreement. If the nonperforming Party fails to cure such nonperformance or breach within the forty- five (45) calendar day period provided for within the original Notice and the nonperformance or breach is not subject to an ongoing dispute resolution or arbitration process, then the terminating Party will provide a subsequent written Notice of the termination of this Agreement and such termination shall take effect immediately upon delivery of written Notice to the other Party.
8.3.2 If, at any time during the term of this Agreement, AT&T OKLAHOMA is unable to contact Comcast Phone pursuant to the Notices provision hereof or any other contact information provided by Comcast Phone under this Agreement, and there are no active services being provisioned under this Agreement, then AT&T OKLAHOMA may, at its discretion, terminate this Agreement, without any liability whatsoever, upon sending of notification to Comcast Phone pursuant to the Notices Section hereof.
Termination for Nonperformance or Breach. 8.3.1 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Product and/or Services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written Notice thereof. If the Party against which the claim of nonperformance or breach is made materially and in good faith disagrees with the claim, it shall notify the claiming Party of its disagreement in writing by 5:00p.m. Central Time of the fourteenth (14th) day following receipt of the nonperformance/breach notice, providing with specificity the basis for its disagreement, and the dispute shall then be resolved between the Parties pursuant to Section 11 (as to billing disputes) and Section 8 above. If the nonperformance/breach is not disputed in a timely manner, the Party shall cure the Page 18 of 48 Contract Id: 4826327 Version: 4Q15 - Commercial Transit Agreement – CLEC – 12/16/15 nonperformance/breach and certify in writing to the other by deadline on the forty-fifth (45th) day that the nonperformance/breach has been cured. If the nonperforming Party fails to cure such nonperformance or breach within the forty-five (45) calendar day period provided for within the original Notice, then the terminating Party will provide a subsequent written Notice of the termination of this Agreement and such termination shall take effect immediately upon delivery of written Notice to the other Party.
Termination for Nonperformance or Breach. 9.18.1 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any product and/or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days after written Notice thereof. If the Party against which the claim of nonperformance or breach is made materially and in good faith disagrees with the claim, it shall notify the claiming Party of its disagreement in writing by 5:00 p.m. Central Time of the 14th day following receipt of the nonperformance/breach notice, providing with specificity the basis for its disagreement, and the dispute shall then be resolved between the Parties pursuant to Section 9.2 (as to billing disputes) and Section
Termination for Nonperformance or Breach. In addition to other remedies Customer may have, including the right to damages, Customer reserves the right to terminate by written notice to Supplier all further performance of this Purchase Order if Supplier does not make deliveries or other performance as specified in the Purchase Order, or if Supplier breaches any of the terms contained herein. Customer has the right to terminate by written notice to Supplier all further performance of this Purchase Order if (a) Supplier breaches any of the terms set out in this Purchase Order, or (b) any event occurs in respect of Supplier that reasonably indicates that there is significant risk that Supplier will be unable to comply with its obligations under this Purchase Order, including any events of insolvency or bankruptcy or any similar events.
