Common use of Unlawful Use of Service Clause in Contracts

Unlawful Use of Service. Services, facilities or unbundled elements provided by GTE pursuant to this Agreement shall not be used by NEN or its end-users for any purpose in violation of law. NEN, and not GTE, shall be responsible to ensure that NEN and its end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. GTE may refuse to furnish service to NEN or disconnect particular services, facilities or unbundled elements provided under this Agreement to NEN or, as appropriate, NEN's end-user when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) GTE is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by GTE is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to NEN, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to GTE the written finding of a court, then upon request of NEN and agreement to pay restoral of service charges and other applicable service charges, GTE shall promptly restore such service.

Appears in 4 contracts

Samples: Resale and Unbundling Agreement, And Unbundling Agreement, Resale and Unbundling Agreement

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Unlawful Use of Service. Services, facilities or unbundled elements provided by GTE pursuant to this Agreement shall not be used by NEN Pathnet or its end-users for any purpose in violation of law. NENPathnet, and not GTE, shall be responsible to ensure that NEN Pathnet and its end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. GTE may refuse to furnish service to NEN Pathnet or disconnect particular services, facilities or unbundled elements provided under this Agreement to NEN Pathnet or, as appropriate, NENPathnet's end-user when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) GTE is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by GTE is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to NENPathnet, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to GTE the written finding of a court, then upon request of NEN Pathnet and agreement to pay restoral of service charges and other applicable service charges, GTE shall promptly restore such service.

Appears in 3 contracts

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

Unlawful Use of Service. Services, facilities or unbundled elements provided by GTE pursuant to this Agreement shall not be used by NEN MEBTEL or its end-users for any purpose in violation of law. NENMEBTEL, and not GTE, shall be responsible to ensure that NEN MEBTEL and its end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. GTE may refuse to furnish service to NEN MEBTEL or disconnect particular services, facilities or unbundled elements provided under this Agreement to NEN MEBTEL or, as appropriate, NENMEBTEL's end-user when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) GTE is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by GTE is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to NENMEBTEL, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to GTE the written finding of a court, then upon request of NEN MEBTEL and agreement to pay restoral of service charges and other applicable service charges, GTE shall promptly restore such service.

Appears in 2 contracts

Samples: Unbundling Agreement (Madison River Capital LLC), Madison River Capital LLC

Unlawful Use of Service. Services, facilities or unbundled elements provided by GTE pursuant to this Agreement shall not be used by NEN NEWSOUTH or its end-users for any purpose in violation of law. NENNEWSOUTH, and not GTE, shall be responsible to ensure that NEN NEWSOUTH and its end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. GTE may refuse to furnish service to NEN NEWSOUTH or disconnect particular services, facilities or unbundled elements provided under this Agreement to NEN NEWSOUTH or, as appropriate, NENNEWSOUTH's end-end- user when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) GTE is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by GTE is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to NENNEWSOUTH, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to GTE the written finding of a court, then upon request of NEN NEWSOUTH and agreement to pay restoral of service charges and other applicable service charges, GTE shall promptly restore such service.

Appears in 2 contracts

Samples: And Unbundling Agreement, psc.ky.gov

Unlawful Use of Service. Services, facilities or unbundled elements provided by GTE Tel USA pursuant to this Agreement shall not be used by NEN Lakeland or its end-users for any purpose in violation of law. NENLakeland, and not GTETel USA, shall be responsible to ensure that NEN Lakeland and its end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. GTE Tel USA may refuse to furnish service to NEN Lakeland or disconnect particular services, facilities or unbundled elements provided under this Agreement to NEN Lakeland or, as appropriate, NENLakeland 's end-user when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) GTE Tel USA is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by GTE Tel USA is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to NENLakeland, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to GTE Tel USA the written finding of a court, then upon request of NEN Lakeland and agreement to pay restoral of service charges and other applicable service charges, GTE Tel USA shall promptly restore such service.

Appears in 1 contract

Samples: Resale and Unbundling Agreement

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Unlawful Use of Service. Services, facilities or unbundled elements provided by GTE pursuant to this Agreement shall not be used by NEN Omniplex or its end-users for any purpose in violation of law. NENOmniplex, and not GTE, shall be responsible to ensure that NEN Omniplex and its end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. GTE may refuse to furnish service to NEN Omniplex or disconnect particular services, facilities or unbundled elements provided under this Agreement to NEN Omniplex or, as appropriate, NENOmniplex's end-user when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) GTE is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by GTE is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to NENOmniplex, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to GTE the written finding of a court, then upon request of NEN Omniplex and agreement to pay restoral of service charges and other applicable service charges, GTE shall promptly restore such service.

Appears in 1 contract

Samples: Resale and Unbundling Agreement

Unlawful Use of Service. Services, facilities or unbundled elements provided by GTE pursuant to this Agreement shall not be used by NEN MFN or its end-users for any purpose in violation of law. NENMFN, and not GTE, shall be responsible to ensure that NEN MFN and its end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. GTE may refuse to furnish service to NEN MFN or disconnect particular services, facilities or unbundled elements provided under this Agreement to NEN MFN or, as appropriate, NENMFN's end-user when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) GTE is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by GTE is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to NENMFN, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to GTE the written finding of a court, then upon request of NEN MFN and agreement to pay restoral of service charges and other applicable service charges, GTE shall promptly restore such service.

Appears in 1 contract

Samples: Interconnection and Unbundling Agreement

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