Xxxxx Position Sample Clauses

Xxxxx Position. Xxxx argued that the USTA II decision vacated the FCC rules that cover UNE-P services, and thereby placed in jeopardy the network platform Sage used exclusively to serve its customers. Without a substitute for UNE-P similar to the one contained in the LWC Agreement, Sage cannot continue to serve its customers. Xxxx added that the USTA II ruling also generated additional urgency to Xxxx’s efforts to exit the UNE-P regime by negotiating a mutually agreeable private agreement that enables Sage to compete on a sustainable basis. Further, the FCC declared that ILECs and CLECs could best serve the interests of customers by engaging in good-faith negotiations to conclude agreements to provide substitutes for UNEs. The Amendment between SBC Illinois and Sage provides for such substitutes. Xxxx also agreed with Staff that the LWC Agreement is wholly separate from the Amendment and should be brought before the Commission in a separate docket. Xxxx argued that the LWC Agreement does not pertain to obligations under Section 251 and does not, therefore, need to be filed. Xxxx stated that while AT&T/MCI do not suggest that the Amendment is inconsistent with the criteria of Section 252(e), they object to the LWC Agreement, which is not before the Commission. Xxxx noted that AT&T/MCI considers a $20.00 fee for an analog loop to be unreasonably high and asserts that it must be a payback for some undisclosed favorable treatment. Sage countered that since the analog loop rate covers 13 states, it cannot be viewed as solely an Illinois rate. Xxxx explained that its business model in each state is directed primarily at rural and suburban venues, where loop rates are usually higher than in urban centers. Also, the term of the Amendment is seven years, giving Sage a stable, predictable rate in a region where UNE rates are constantly evolving. Xxxx concluded that AT&T/MCI offered no evidence to prove that the $20.00 fee is higher than Sage would have had to pay if it relied on regulated rates for the next seven years. Xxxx further disputed AT&T/MCI’s claim that portions of the Amendment beneficial to Sage are hidden in the LWC Agreement, while terms other CLECs will find objectionable are in the publicly available Amendment. Xxxx stated that AT&T/XXX pointed to nothing in the LWC Agreement that favors Sage. Xxxx also contested AT&T/XXX’s argument that they are being denied opt-in rights, because AT&T/MCI made it clear they do not intend to opt-in. Under such circumstances, they c...
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Related to Xxxxx Position

  • Xxxxx Period After payment of the first Dues, the Subscriber is entitled to a grace period of 30 days for the payment of any Dues due. During this grace period, the Agreement will remain in force. However, the Subscriber will be liable for payment of Dues accruing during the period the Agreement continues in force.

  • XXXXXXS xxx xxxxxxx xxxxxo desire to modify the Pooling and Servicing Agreement as set forth in this Amendment;

  • Xxxxxxxx, President ACKNOWLEDGED AND ACCEPTED -------------------------

  • Xxxxxxxxx President Secretary-Treasurer Bricklayers & Allied Craftworkers

  • Xxxxxxx, President Xxxxx X.

  • Xxxxxx, Esq Anyone to whom a notice may be given under this Agreement may designate a new address by notice to that effect given to the other party in accordance with this subsection (b). Each such notice shall be deemed given upon the receipt thereof when delivered in person and on the second business day after the mailing when sent by mail as aforesaid. (c) You understand that, upon exercise of this Option, you may recognize income for tax purposes in an amount equal to the excess of the then fair market value of the Shares purchased over the Option Price for such Shares. Your employer may withhold tax from your current compensation with respect to such income or any other income which it deems you to have received in connection therewith; to the extent that your then current compensation is insufficient to satisfy the withholding tax liability, you will be required to make a cash payment to cover such liability as a condition of exercise of this Option. (d) If this Option shall be mutilated, lost, stolen or destroyed, the Company shall issue in exchange and substitution for and upon cancellation of the mutilated Option, or in lieu of and in substitution for the Option lost, stolen or destroyed, a new Option of like tenor and denomination, but only upon receipt of evidence satisfactory to the Company of such loss, theft or destruction of such Option and such indemnity and, if requested by the Company, such bond, as shall in each case be satisfactory to the Company. You must also comply with such other reasonable requirements and pay such other reasonable charges as the Company may prescribe in connection with such issuance. (e) This Option shall be governed and construed in accordance with the substantive laws of the State of New York applicable to contracts executed, delivered and to be fully performed in the State of New York, without giving effect to contrary provisions regarding conflict of laws. (f) This Agreement shall inure to the benefit of and shall be binding upon your heirs, executors, administrators and legal representatives, and shall inure to the benefit of and be binding upon the Company and its successors and assigns. You may not assign, transfer, pledge, encumber, hypothecate or otherwise dispose of this Agreement, or any of your rights hereunder except if and to the extent expressly permitted by Section 8 of this Agreement, and any such attempted prohibited delegation or disposition shall be null and void and without effect. (g) This Agreement constitutes the complete understanding between the parties with respect to the subject matter hereof, and no statement, representation, warranty or covenant has been made by either party with respect thereto except as expressly set forth herein. This Agreement shall not be altered, modified, amended or terminated except by written instrument signed by each of the parties hereto. (h) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. (i) The section headings contained herein are for the purposes of convenience only, are not intended to define or limit the contents of said sections and are not part of this Agreement. (j) By signing below, you hereby accept this Option subject to all of the terms and provisions hereof and acknowledge all of the representations, warranties and agreements set forth above. This Option shall not be effective until you have signed this Option and delivered it to the Company.

  • Xxxxxx, P A., special counsel for IMC, in IMC's capacity as both Seller and Servicer under the Sale and Servicing Agreement, and/or Xxxxx & Xxxxxx LLP shall have furnished to the Underwriters their written opinion or opinions, addressed to the Underwriters and the Depositor and dated the Closing Date, in form and substance satisfactory to the Underwriters, to the effect that:

  • Working Xxxxxxx An employee who is in charge of a crew not more than five men including himself, engaged in line clearance work. (In the application of Article X, the Company need not consider the application for promotion to this classification from any employee having less than one year of experience in the Climber classification.)

  • Xxxxxxx, P E. will perform as the Consultant’s principal for this Project. As principal on this Project, this person shall be the primary contact with the Utilities Director, Utilities Engineer, or another person so designated, and shall have authority to bind the Consultant. So long as the individual named above remains actively employed or retained by the Consultant, he/she shall perform the function of principal on this Project.

  • Xxxxxx, President s/ Xxxxx Xxxx ---------------------------------- Xxxxx Xxxx

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