If AT&T. 22STATE draws on the Letter of Credit or Cash Deposit, upon request by AT&T-22STATE, CLEC will provide a replacement or supplemental Letter of Credit, Surety Bond or Cash Deposit conforming to the requirements of Section 10.4 above.
If AT&T. 22STATE requires CLEC to provide a security deposit, CLEC shall provide such security deposit prior to the inauguration of service or within fifteen (15) calendar days of AT&T-22STATE’s request, as applicable. Deposit request notices will be sent to CLEC via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in AT&T-22STATE’s applicable Tariff.
If AT&T. 13STATE elects to erect an interior security partition and recover the cost, it must demonstrate to the Collocator that other reasonable security methods cost more than an interior security partition around AT&T-13STATE’s equipment at the time the price quote is given.
If AT&T. 22STATE draws on the Letter of Credit or Cash Deposit, upon request byAT&T-22STATE, Carrier will provide a replacement or supplemental Letter of Credit, Surety Bond or Cash Deposit conforming to the requirements of Section 16.4 above.
If AT&T removes any of Attaching Party’Fsacilities pursuant to this article, Attaching Party shall reimburse AT&T for AT&T’s Costs in connection with the removal, storage, delivery, or other disposition of the removed Facilities.
If AT&T. 13STATE serves notice of expiration or termination pursuant to Section 4.2 or Section 4.4, respectively, WSP shall provide AT&T-13STATE written confirmation, within ten (10) days, that WSP either wishes to (1) commence negotiations with AT&T-13STATE, or adopt an agreement, under Sections 251/252 of the Act, or (2) terminate its Agreement. WSP shall identify the action to be taken for each affected agreement identified in AT&T-13STATE’s notice.
If AT&T. 6.1.1 goes into liquidation whether compulsory or voluntary (except for the purposes of a bona fide reconstruction, amalgamation or a solvent liquidation as expressly permitted under the Finance Documents); or,
6.1.2 has an administrator, receiver and manager or receiver appointed over it or over any part of its assets or undertaking, then thereafter:
(a) the Subordinated Liabilities shall be postponed and subordinated in right of payment to the Senior Liabilities and VTTI shall file any proof or other claim necessary for the recovery of the Subordinated Liabilities, as the case may be;
(b) any payment or distribution and any rights in respect of any payment or distribution in relation to any of the Subordinated Liabilities by a liquidator, administrator or receiver (or any equivalent of any of them) of ATT or its estate made to VTTI or to which it is entitled, shall be held in trust by VTTI for the Finance Parties and shall promptly be paid, transferred or assigned to the Agent (acting on behalf of the Finance Parties) to be applied against the Senior Liabilities, and ATT acknowledges that any such payment, transfer or assignment to the Agent shall not reduce the amount of the Subordinated Liabilities; and
(c) if the trust referred to in paragraph (b) above fails or cannot be given effect, VTTI will pay an amount equal to such payment or distribution to the Agent (acting on behalf of the Finance Parties).
If AT&T. 13STATE receives a subpoena for information concerning an LWC End User, it shall refer the subpoena to the requesting entity or person with an indication that CARRIER is the responsible company, unless the subpoena requests records for a period of time during which AT&T-13STATEwas the LWC End User’s service provider, in which case AT&T-13STATEwill respond to any valid request.
If AT&T. 22STATErequires CARRIER to provide a security deposit, CARRIER shall provide such security deposit prior to the inauguration of service or within fifteen (15) calendar daysATo&f T-22STATE’s request, as applicable. Deposit request notices iwll be sent to CARRIER via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the termAsTi&nT-22STATE’s applicable Tariff.
If AT&T. 12STATE, at its sole discretion, determines that it lacks adequate storage and/or processing capability, prior to the initial loading of Customer information, AT&T-12STATE will notify Customer of AT&T-12STATE’s inability to provide data storage and administration until such time as AT&T-12STATE gains adequate SMS and/or LIDB data storage and Administration and/or processing capability. Customer will need to request such additional data storage and Administration and/or processing capability by requesting negotiations of an amendment to the Agreement and/or this Appendix, and AT&T-12STATE will have no liability to Customer while AT&T-12STATE gains such requested data storage and administration and/or processing capability. Nothing in the Agreement (including without limitation this Appendix) obligates or otherwise commits AT&T-13STATE to agree to negotiate for such requested data storage and Administration and/or processing capability, or to reach any agreement on such an amendment to provide such storage and Administration and/or capability. The Parties agree that any dispute over Customer’s request and/or any ensuing negotiations shall only be subject to those dispute resolution processes provided for in the Agreement that solely involve Customer and AT&T-13STATE personnel and representatives. Each Party hereby waives and otherwise surrenders any right or ability, at law, equity, or otherwise, to pursue any negotiation request/negotiation dispute or unresolved issues regarding such requested additional data storage and Administration and/or processing capability before any appropriate court, any federal or state regulatory agency, or any other governmental body.
