Common use of Termination Upon Default Clause in Contracts

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 33 contracts

Samples: Resale Agreement, Interconnection, Resale and Unbundling Agreement, Resale Agreement

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Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 27 contracts

Samples: Resale Agreement, Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-non- defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 7 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty thirty (6030) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's ’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's ’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 5 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 3 contracts

Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement, Interconnection Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) 2.3.1 A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) 2.3.2 A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.. NC-METRO--6/99 II1-1

Appears in 1 contract

Samples: Interconnection Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's ’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's ’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement...

Appears in 1 contract

Samples: Interconnection, Resale, and Unbundling Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty forty-five (6045) calendar days of receipt of written notice thereof. Default is defined to include: (a) : A Party's insolvency ’s Certificate of Operating Authority has been revoked by the Commission, or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, including nonpayment of Undisputed Charges or the violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: General Provisions Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty thirty (6030) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement, unless such is the subject of a bone fide dispute proceeding brought pursuant to the terms of this Agreement.

Appears in 1 contract

Samples: Resale, Line Sharing and Virtual Collocation Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a material default by the other Party; , provided however, however that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty thirty (6030) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's ’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; orand/or (b) A Party's ’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement (Wave2Wave Communications, Inc.)

Termination Upon Default. Either Party may terminate this Agreement ------------------------ in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement (Pac-West Telecomm Inc)

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's ’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's ’s refusal or failure in any material respect to properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Traffic Exchange Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided howeverPROVIDED HOWEVER, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement (Rhythms Net Connections Inc)

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty thirty (6030) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's ’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's ’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation by any Party of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) 2.2.1 A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) 2.2.2 A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Resale Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's ’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's ’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a material default by the other Party; , provided however, however that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty thirty (6030) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; orand/or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Multi State Wireless Traffic Exchange Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty thirty (6030) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's =s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's =s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the a Party=s violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) : A Party's ’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) : or A Party's ’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Resale Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Agreement for Exchange and Billing of Terminating Traffic

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; Party provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty thirty (6030) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's ’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's ’s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation breach of any of the material terms or conditions of this AgreementAgreement and that breach continues for a period of thirty days after the other Party notifies the breaching Party of such breach, including a reasonably detailed statement of the nature of the breach.

Appears in 1 contract

Samples: Interconnection Agreement

Termination Upon Default. Either Party may may, at its sole option and discretion, terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Termination Upon Default. Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided provided, however, that the non-defaulting Party notifies the defaulting party Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include: (a) A Party's insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or (b) A Party's refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation any of the material terms or conditions of this Agreement.

Appears in 1 contract

Samples: Resale Agreement

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