Threat to Persons or Property Sample Clauses

Threat to Persons or Property. In the event, and in IXC's sole determination, if PSINet's fiber, POP-to-POP Interconnect Facilities or Equipment poses an immediate threat to the safety of IXC employees or the public, interferes with the performance of IXC's service obligations, or poses and immediate threat to the physical integrity of IXC's facilities, IXC may perform such work and/or take such action that it deems necessary without notice to PSINet and without subjecting itself to any liability for damage to the fiber, POP-to- POP Interconnect Facilities or the Equipment or for any interruption of PSINet's services. As soon as practicable thereafter, IXC shall advise PSINet in writing of the work performed or the action taken. PSINet shall reimburse IXC for all expenses incurred by IXC associated with any work or action performed by IXC pursuant hereto. PSINet shall remit payment to IXC within thirty days from its receipt of IXC's invoice therefor.
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Threat to Persons or Property. If Xxxxxxxx reasonably determines that WinStar's actions or failure to fulfill an obligation of these Collocation Provisions, or its Interconnect Facilities or WinStar Equipment poses an immediate threat to the safety of Xxxxxxxx' employees or the public, interferes with the performance of Xxxxxxxx' service obligations, or poses an immediate threat to the physical integrity of Xxxxxxxx' facilities, Xxxxxxxx may perform such work and/or take such action that it deems necessary without notice to WinStar and without subjecting itself to any liability (except to the extent the Agreement permits recovery for Xxxxxxxx' negligence) for damage to the fiber, Interconnect Facilities or the WinStar Equipment or for any interruption of WinStar's services. As soon as practicable thereafter, Xxxxxxxx shall advise WinStar in writing of the work performed or the action taken. WinStar shall reimburse Xxxxxxxx for all expenses reasonably incurred by Xxxxxxxx associated with any work or action performed by Xxxxxxxx pursuant hereto. WinStar shall remit payment to Xxxxxxxx within thirty (30) days from its receipt of Xxxxxxxx' invoice therefor.
Threat to Persons or Property. The Contractor shall be entitled to switch off the Customer Equipment:
Threat to Persons or Property. If Williams, xx xxx reasonable discretion, determines that CTC's actions or failure to fulfill an obligation of these Collocation Provisions, or its Interconnect Facilities or CTC Equipment poses an immediate threat to the safety of Williams' xxxxxxxes or the public, interferes with the performance of Williams' xxxxxxx obligations, or poses an immediate threat to the physical integrity of Williams' xxxxxxxies, Williams xxx xxxxorm such work and/or take such action that it deems necessary without notice to CTC and without subjecting itself to any liability (except for recovery for Williams' xxxxx xegligence or intentional misconduct) for damage to the fiber, Interconnect Facilities or the CTC Equipment or for any interruption of CTC's services. As soon as practicable thereafter, Williams xxxxx xxvise CTC in writing of the work performed or the action taken. CTC shall reimburse Williams xxx xxx expenses reasonably incurred by Williams xxxxxxxxed with any work or action performed by Williams xxxxxxxx hereto. CTC shall remit payment to Williams xxxxxx xhirty (30) days from its receipt of Williams' xxxxxxx therefor.
Threat to Persons or Property. If TA determines that Customer's actions or failure to fulfill an obligation of this Agreement, or its Interconnect Facilities URRS Agreement Page 134 Dated: September 9, 0000 Xxxxxxxx X or Customer Equipment poses an immediate threat (i) to the safety of TA's employees or the public, (ii) to the use by other parties of their fiber or equipment, (iii) to the physical integrity of any Selected Site, Facility or other TA's facilities, or the facilities of the other parties, or (iv) materially interferes with the performance of TA's service obligations for the Selected Site, TA shall give notice to Customer, and in the event that Customer does not take immediate action to cure such threat, TA may perform such work and/or take such action that it deems necessary without notice to Customer and without subjecting itself to any liability for damage to Customer fiber, Interconnect Facilities or the Customer Equipment or for any interruption of Customer's services, except to the extent caused by TA's gross negligence or willful misconduct. As soon as practicable thereafter, TA shall advise Customer in writing of the work performed or the action taken. Customer shall reimburse TA for all expenses reasonably incurred by TA associated with any work or action performed by TA pursuant hereto. Customer shall remit payment to TA within thirty (30) days from its receipt of TA's invoice therefor.

Related to Threat to Persons or Property

  • No Material Actions or Proceedings Except as disclosed in the Prospectus, there are no legal or governmental actions, suits or proceedings pending or, to the best of the Company’s knowledge, threatened (i) against or affecting the Company or any of its subsidiaries, (ii) which has as the subject thereof any officer or director of, or property owned or leased by, the Company or any of its subsidiaries or (iii) relating to environmental or discrimination matters, where in any such case (A) there is a reasonable possibility that such action, suit or proceeding might be determined adversely to the Company or such subsidiary and (B) any such action, suit or proceeding, if so determined adversely, would reasonably be expected to result in a Material Adverse Change or adversely affect the consummation of the transactions contemplated by this Agreement. No material labor dispute with the employees of the Company or any of its subsidiaries exists or, to the best of the Company’s knowledge, is threatened or imminent.

  • No Additional Representations or Warranties EXCEPT AS PROVIDED IN THIS ARTICLE III, NONE OF SELLER, COMPANY, COMPANY’S SUBSIDIARIES NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, PARTNERS, MEMBERS OR OTHER REPRESENTATIVES HAS MADE, OR IS MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER TO ACQUIROR OR ITS AFFILIATES AND NO SUCH PARTY SHALL BE LIABLE IN RESPECT OF THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO ACQUIROR OR ITS AFFILIATES. WITHOUT LIMITING THE FOREGOING, ACQUIROR ACKNOWLEDGES THAT IT, TOGETHER WITH ITS ADVISORS, HAS MADE ITS OWN INVESTIGATION OF COMPANY, ITS SUBSIDIARIES AND THE BUSINESS AND IS NOT RELYING ON ANY IMPLIED WARRANTIES OR UPON ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO THE PROSPECTS (FINANCIAL OR OTHERWISE) OR THE VIABILITY OR LIKELIHOOD OF SUCCESS OF THE BUSINESS OF COMPANY AND ITS SUBSIDIARIES AS CONDUCTED AFTER THE CLOSING, AS CONTAINED IN ANY MATERIALS PROVIDED BY SELLER, COMPANY, COMPANY’S SUBSIDIARIES OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, PARTNERS, MEMBERS OR OTHER REPRESENTATIVES OR OTHERWISE, EXCEPT IN EACH CASE THE REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT. FOR THE PURPOSES HEREIN, ANY INFORMATION PROVIDED TO, OR MADE AVAILABLE TO, ACQUIROR BY OR ON BEHALF OF SELLER, COMPANY OR COMPANY’S SUBSIDIARIES OR THEIR RESPECTIVE AFFILIATES SHALL INCLUDE ANY AND ALL INFORMATION THAT IS CONTAINED OR POSTED IN ANY ELECTRONIC DATA ROOM ESTABLISHED BY SELLER OR ITS REPRESENTATIVES IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

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