Termination of Agreement or Licenses Remedies for Breaches Sample Clauses

Termination of Agreement or Licenses Remedies for Breaches. 22.01 Termination of Appendix Due to Non-Use of Facilities. CLEC shall, by written notice to SBC MISSOURI, terminate this Appendix if CLEC ceases to do business in this State, or ceases to make active use of SBC MISSOURI’S poles, ducts, conduits, and rights-of-way in this State. 22.02 Limitation, Termination, or Refusal of Access Due to Certain Material Breaches. CLEC’s access to SBC MISSOURI’S poles, ducts, conduits, and rights-of-way will not materially interfere with or impair service over any facilities of SBC MISSOURI or any joint user, cause material damage to SBC MISSOURI’S plant or the plant of any joint user, impair the privacy of communications carried over the facilities of SBC MISSOURI or any joint user, or create serious hazards to health or safety of any persons working on, within, or in the vicinity of SBC MISSOURI’S poles, ducts, rights-of-way or to the public. Upon reasonable notice and opportunity to cure, SBC MISSOURI may limit, terminate or refuse access if CLEC violates this provision; provided, however, that such limitation, termination or refusal will be limited to CLEC’s access to poles, ducts, conduits, and rights-of-way located in the SBC MISSOURI construction district in which the violation occurs, shall be as narrowly limited in time and geographic scope as may be necessary to enable CLEC to adopt suitable controls to prevent further violations, and shall be subject to review, at CLEC’s request, pursuant to the dispute resolution procedures set forth in this Appendix (or, if applicable, the parties’ Interconnection Agreement) or, as permitted by law, before any court, agency, or other tribunal having jurisdiction over the subject matter. In the event CLEC invokes dispute resolution procedures or seeks review before a court, agency, or other tribunal having jurisdiction over the subject matter, the limitation, termination, or refusal of access may be stayed or suspended by agreement of the parties or by order of the tribunal having jurisdiction over the parties’ dispute.
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Termination of Agreement or Licenses Remedies for Breaches 
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Related to Termination of Agreement or Licenses Remedies for Breaches

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law: a. Cover/Substitute Performance In the event of Contractor's material breach that has not been cured within thirty (30) days following Contractor’s receipt of written notice of the material breach, the Commissioner may, with or without formally Bidding: (i) Purchase from other sources; or (ii) If the Commissioner is unsuccessful after making reasonable attempts, under the circumstances then-existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable quality, the Commissioner may acquire acceptable replacement service or Product of lesser or greater quality. Such purchases may be deducted from the Contract quantity without penalty or liability to the State. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during a period where Contractor is making good faith efforts to cure a material breach. b. Withhold Payment In any case where a reasonable question of material, uncured non-performance by Contractor arises, payment may be withheld in whole or in part at the discretion of the Commissioner. Should Contractor and the Commissioner fail to agree upon the question of “materiality” in an instance of non-performance, such failure to agree shall be a dispute under the Disputes clause. c. Bankruptcy In the event that the Contractor files, or there is filed against Contractor, a petition under the U.S. Bankruptcy Code during the term of this Centralized Contract, Authorized Users may, at their discretion, make application to exercise its right to set-off against monies due the Debtor or, under the Doctrine of Recoupment, be credited the amounts owed by the Contractor arising out of the same transactions.

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