Assignments and Transfers. 18.1 Any assignment by either Party to any entity of any right, obligation or duty, or of any other interest hereunder, in whole or in part, without the prior written consent of the other Party shall be void. The assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Image Access is entitled to provide Telecommunications Service. After BellSouth’s consent, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. All obligations and duties of any Party under this Agreement shall be binding on all successors in interest and assigns of such Party. No assignment or delegation hereof shall relieve the assignor of its obligations under this Agreement in the event that the assignee fails to perform such obligations. Notwithstanding anything to the contrary in this Section, Image Access shall not be permitted to assign this Agreement in whole or in part to any entity unless either (1) Image Access pays all bills, past due and current, under this Agreement, or (2) Image Access’s assignee expressly assumes liability for payment of such bills. 18.2 In the event that Image Access desires to transfer any services hereunder to another provider of Telecommunications Service, or Image Access desires to assume hereunder any services provisioned by BellSouth to another provider of Telecommunications Service, such transfer of services shall be subject to separately negotiated rates, terms and conditions.
Appears in 13 contracts
Sources: MFN Agreement, MFN Agreement, MFN Agreement
Assignments and Transfers. 18.1 Any assignment by either Party to any entity of any right, obligation or duty, or of any other interest hereunder, in whole or in part, without the prior written consent of the other Party shall be void. The assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Image Access VMT is entitled to provide Telecommunications Service. After BellSouth’s consent, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. All obligations and duties of any Party under this Agreement shall be binding on all successors in interest and assigns of such Party. No assignment or delegation hereof shall relieve the assignor of its obligations under this Agreement in the event that the assignee fails to perform such obligations. Notwithstanding anything to the contrary in this Section, Image Access VMT shall not be permitted to assign this Agreement in whole or in part to any entity unless either
(1) Image Access VMT pays all bills, past due and current, under this Agreement, or (2) Image AccessVMT’s assignee expressly assumes liability for payment of such bills.
18.2 In the event that Image Access VMT desires to transfer any services hereunder to another provider of Telecommunications Service, or Image Access VMT desires to assume hereunder any services provisioned by BellSouth to another provider of Telecommunications Service, such transfer of services shall be subject to separately negotiated rates, terms and conditions.
Appears in 2 contracts
Sources: Clec Agreement, Clec Agreement
Assignments and Transfers. 18.1 Any assignment by either Party to any entity of any right, obligation or duty, or of any other interest hereunder, in whole or in part, without the prior written consent of the other Party shall be void. The assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Image Access is entitled to provide Telecommunications Service. After BellSouth▇▇▇▇▇▇▇▇▇’s consent, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. All obligations and duties of any Party under this Agreement shall be binding on all successors in interest and assigns of such Party. No assignment or delegation hereof shall relieve the assignor of its obligations under this Agreement in the event that the assignee fails to perform such obligations. Notwithstanding anything to the contrary in this Section, Image Access shall not be permitted to assign this Agreement in whole or in part to any entity unless either
(1) Image Access pays all bills, past due and current, under this Agreement, or (2) Image Access’s assignee expressly assumes liability for payment of such bills.
18.2 In the event that Image Access desires to transfer any services hereunder to another provider of Telecommunications Service, or Image Access desires to assume hereunder any services provisioned by BellSouth to another provider of Telecommunications Service, such transfer of services shall be subject to separately negotiated rates, terms and conditions.
Appears in 2 contracts
Sources: MFN Agreement, MFN Agreement
Assignments and Transfers. 18.1 Any assignment by either Party to any entity of any right, obligation or duty, or of any other interest hereunder, in whole or in part, without the prior written consent of the other Party shall be void. The assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Image Access Home Phone is entitled to provide Telecommunications Service. After BellSouth’s consent, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. All obligations and duties of any Party under this Agreement shall be binding on all successors in interest and assigns of such Party. No assignment or delegation hereof shall relieve the assignor of its obligations under this Agreement in the event that the assignee fails to perform such obligations. Notwithstanding anything to the contrary in this Section, Image Access Home Phone shall not be permitted to assign this Agreement in whole or in part to any entity unless either
(1) Image Access Home Phone pays all bills, past due and current, under this Agreement, or (2) Image AccessHome Phone’s assignee expressly assumes liability for payment of such bills.
18.2 In the event that Image Access Home Phone desires to transfer any services hereunder to another provider of Telecommunications Service, or Image Access Home Phone desires to assume hereunder any services provisioned by BellSouth to another provider of Telecommunications Service, such transfer of services shall be subject to separately negotiated rates, terms and conditions.
Appears in 1 contract
Sources: Resale Agreement